1.1 The following definitions and rules of interpretation shall apply in these conditions:
“Centre” means Lagoona Park Limited, Pingewood Road South, Pingewood, Reading, Berkshire, RG30 3UH;
“Conditions” means these terms and conditions for the provision of Services;
“Contract” means the contract between the Centre and the Customer for the provision of Services;
“Customer” means any person, company, firm or other legal entity, including any employees, agents or sub contractors which places an order or purchases a Service from the Centre;
“Member” means any person who is an annual or day member at the centre;
“Service” means any course, product, service or facility offered by the Centre to the Customer.
1.2 Where the Conditions refer to “We, Us, or Our”, this shall mean the Centre (together with it’s employees, agents and contractors). Where the Conditions refer to “You, Your, or Yourself”, this shall mean the Customer (or the organization you represent or work for).
1.3 The headings in these Conditions are for convenience only and shall not affect their applicability.
1.4 A reference to a law is a reference to as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 Any reference to “writing” or “written” includes email.
2. Application of terms.
2.1 These Conditions are the only conditions upon which the Centre is prepared to deal with the Customer. The Conditions shall be incorporated into the Contact to the entire exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 These Conditions will prevail over any inconsistent terms endorsed on, delivered with, contained in or referred to in any purchase order, confirmation of order, specification or any other document or communication received from the Customer or implied by law, trade custom, practice or course of dealing.
2.3 The Customer’s purchase order, or the Customer’s acceptance of a quotation for Services by the Centre, constitutes an offer by the Customer to purchase the Services specified in it on these Conditions. No offer placed by the Customer shall be accepted by the Centre other than:
2.3.1 by a written acknowledgement issued and executed by the Centre; or
2.3.2 (if earlier) by the Centre starting to provide the Services,
when a contract for the supply and purchase of those Services on these Conditions will be established. The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
3.1 The Customer may make a booking with the Centre by telephone, email or in person during opening hours from 10.30am – 7.30pm (hire sessions commence at 11am).
3.2 To find the right experience, please read each experience/hire session description carefully available on our website at www.lagoonapark.com under jetski hire, or on our promotion material. and when the booking conditions have been read and understood, please make your booking in the following way
3.2.1 either quoting name & contact telephone number (preferably mobile) for individual sessions without a gift voucher
3.2.2 all experience and accommodation payments must be made prior to arrival.
3.2.3 booking with a Lagoona Park gift voucher we require; name, contact number, type of experience, type of machine(s), date & time of experience & voucher number. Voucher must also be brought to reception upon arrival.
3.2.4 or via gift voucher from another supplier (of which Lagoona Park has an agreement with). In order to confirm booking Lagoona Park requires name, contact number, type of experience, date, time, voucher number, booking reference. Voucher to be brought to reception upon arrival.
3.3 Please note that individuals cannot be provided with credit terms.
3.4 An official purchase order will be required to secure a booking with regard to corporate bookings.
3.5 customers to be aware of the age limit on personal watercraft for hire (16 years for Jet Bikes & Jet Rib. 14 years for Jet Skis). Any minor using a jet ski will be unable to use the machine unless signed by a parent/guardian confirming their age.
3.6 all customers to report to reception (30 minutes prior to their booking time) to complete and sign a hire form. Any gift vouchers should be produced at this time.
3.7 customers to ensure that they are not under the influence of alcohol whilst using our personal watercraft and understand that they will be refused entry if the centre believes alcohol has been consumed, they will also lose their session without the ability to rebook.
3.8 customers to supervise their children at all times both in the children’s play and paddling areas, as well as around the site, including the car park.
3.9 customers to ensure that all dogs are kept on a lead at all times with any excrement cleared up.
4.1 All hire fees are inclusive of VAT. All bookings cannot be confirmed or reserved by the Centre until we have received the appropriate payment.
4.2 Payment of the hire session is required in full at time of booking for individuals.
4.3 Payment for Group bookings (Hire/Stag/Corporate sessions) must be paid in full two (2) weeks prior to the commencement of the event. A 50% deposit would be required at time of booking.
4.4 The Centre reserves the right to cancel any booking without prior notice if full payment is not received in accordance with conditions 4.2, 4.3 or 4.4 (as applicable).
4.7 Crossed cheques/postal orders should be made payable to Lagoona Park Limited
Credit and debit cards accepted are: MasterCard; Visa; Eurocard; Switch and Delta.
4.9 Experience providers in association with Lagoona Park selling their own vouchers agree to pay within 30 days after receipt of invoice from Lagoona Park / or entry on the experience providers online invoicing system.
5. Amendments to Bookings by the Customer
5.1 The Customer may change a hire date provided that the original booking is made no less than One (1) week prior to commencement.
5.2 If the Customer requests to cancel a booking no less than forty eight (48) hours notice must be given, otherwise no refund will be given, such request shall be dealt with according to condition 6 (Cancellations).
6.1 Cancellations by the Customer must be made no less than forty eight (48 hours prior to commencement of hire session. After that time no refund will be given due to the lack of time to rebook the session to another person and resulting in lost revenue by the centre.
6.2 customers are advised to insure against and check whether your own personal insurance policy provides cover against certain unavoidable cancellation.
6.3 The Centre will use reasonable endeavors to ensure that your hire session takes place and in accordance with the booking. However, the Centre reserves the right to cancel any booking without prior notice and at any time where we believe on reasonable grounds that cancellation is necessary due to emergency, unsuitable or inclement conditions.
6.4 Where the Centre cancels a hire session, you will be offered the following options:
– a full refund
– an alternative date & time.
7.1 Annual & day members may visit the lake during opening hours from 10.30am – 7.30pm
7.2 all machines to be removed from the water at 7.00pm for lake closure at 7.30pm
7.3 last launch time is 5pm
7.4 day members must complete a day launch booking form at reception upon arrival and show a copy of their current valid personal watercraft insurance upon each visit. Details of other friends or family using their machine must be noted on the day launch form prior to them using the lake. Any minors using their personal watercraft must be named on insurance and also have completed a RYA Personal Watercraft Proficiency Course (12 – 16 years of age).
7.5 annual and day member’s friends and family may also use the lake during opening hours and will be the responsibility of the member whilst at the lake both on and off the water. They must also have been made aware of the lake safety notice located at the end of the slipway and also duplicated in several areas close to the lake.
7.6 annual and day members to ensure that anyone using their personal watercraft is insured and legally old enough to ride the machine unaided.. Each rider must be trained by the machine owner on machine controls, use of lanyard, course direction, start and stop procedures and awareness of other riders on the lake, including any persons who may be in the lake due to capsize. They will take them around the anticlockwise course first, ensuring that they are proficient on the machine and therefore in full control whilst on the lake before allowing them to ride alone.
7.7 annual members to sign a Members Book located at reception upon each visit in order to confirm their arrival. Number of guests also attending the lake must also be entered at time of arrival.
7.8 multi day launch booklets to be completed, paid for and signed, then a copy of the booklet is kept at reception. The day member will come to reception upon each visit whereby the booklet will be stamped and initialed by a member of staff to confirm their arrival.
7.9 annual and day members must ensure that they plus their family and friends are not under the influence of alcohol at any time whilst using their personal watercraft on our lake.
7.10 annual and day members will supervise their children at all times both in the children’s play and paddling areas, as well as around the site, including the car park.
7.11 annual & day members will ensure that they stay clear of the children’s padding area at all times whilst using the lake – and at no time will splash children or spectators at the lake.
7.12 members will ensure that all dogs are kept on a lead at all times and any excrement cleared.
8.1 Payment is based on a monthly charge of £30 (payable in advance)
8.2 late payment after 30 days will incur an administration fee of £10 + VAT)
8.3 late payment after 60 days will incur an administration fee of £20 + VAT)
8.4 late payment after 90 days customer signs to agree that the title of goods shall pass to Lagoona Park who reserve the right to sell the said goods after carrying out any necessary repair work required in order to recoup whatever monies are outstanding at that time including a selling fee of £500 + VAT with the balance of any such sale forwarded to the owner of the personal watercraft once all costs have been deducted.
8.5 launching and recovery of personal watercraft is your responsibility (although assistance will be provided if required)
8.6 Lagoona Park will not be held responsible for any damage incurred whilst stored
8.7 insurance liability will be with the owner of the personal watercraft
8.8 storage form must be completed and signed by the owner when leaving personal watercraft with Lagoona Park. Any changes to information i.e. address, telephone number, insurance details etc must be notified to the centre immediately.
8.9 satisfactory security precautions will be provided by the centre
8.10 a minimum of one week’s notice of cancellation must be given in order to remove the personal watercraft (limited access from Jan – March annually)
8.11 access to personal watercraft from the storage area requires prior notice (limited access from Jan – March annually)
8.12 all personal watercraft must be signed out by a member of staff at reception before leaving the centre.
8.13 payment to be made monthly by Standing Order, or in full or quarterly by Card, BACS or Cash.
8.14 giving friends or family the use of your personal watercraft will require prior notice, which must include name & address of individual, confirmation that they are under your insurance and proof of identity must be provided either by driving license or passport.
8.15 all machines stored will be checked for any damage prior to accepting into the storage area. Customer will sign to agree to any existing damage at time of initial storage.
9.1 customer calls to book personal watercraft in for service or repair on a date to suit.
9.2 customer completes and signs a Servicing Form making any reference to problems with personal watercraft including damage to bodywork.
9.3 mechanic will diagnose any problem and contact the customer direct prior to commencement of work.
9.4 upon completion Lagoona Park will contact the customer to arrange collection and payment for repair/service.
9.5 pwc to be collected within one week of work commencement, otherwise a daily storage charge of £10 per day will be incurred.
10.1 In addition to enjoyment and learning new skills, safety is of paramount importance on all the Centre’s hire sessions. Clearly any water sports and adventure activities are hazardous by their nature and participants, parents or guardians must accept that there are risks and the inevitable bumps and scrapes which happen during the thrills and spills of fast moving activities. In providing a safe system of work and to manage associated risks:
10.1.1 we employ staff trained by RYA PWC Instructors;
10.1.2 we provide appropriate clothing and equipment for the hire session.
10.1.3 we instruct each and every person hiring our machines on safety whilst on the water, start & stop procedures & awareness of other riders whilst on the lake, including being aware of riders in the lake due to capsize.
10.1.4 the instructor will take the customer around the lake as a passenger showing them the controls of the machine and also the “anti clockwise course”. Then the customer will take the instructor around the lake to ensure that the customer is in control and comfortable to take the controls unaided.
10.2 customer must comply with all safety guidelines and instructions given by the Centre and its staff. The Customer is responsible for ensuring that he/she and/or it’s members familiarise themselves with the Centre’s lake rules, notices are on view in many areas close to the lake and in reception. Fire regulations and First Aid Post are located in reception in case of emergency.
10.3 all centre jet bikes have a “remote facility” to enable control from centre staff from the bank for extra safety and speed control.
10.4 No alcohol must be consumed whilst using the lake. The centre will refuse admission if there is any indication of this due to our strict No Alcohol Policy.
10.5 Buoyancy Aids to be worn by all persons using the lake at all times.
10.6 All lake users must ensure that they reduce the speed of the machine to tick over whilst coming towards the bank.
10.7 Supervision of customers children is the responsibility of the parent/guardian at all times both in the children’s play and paddling areas, as well as around the site, including the car park.
10.8 Dogs are allowed on site but are the customers responsibility at all times around the site. They must be kept on a lead and supervised at all times, any excrement must be cleared by the customer and placed in the bins provided.
11.1.1 Customers participating in hire sessions or services at the Centre must be in general good health and must satisfy themselves that the activity is within their abilities (weight restriction applies to stand up jet ski’s) which will be advised at time of booking.
11.1.2 The Customer must make the Centre aware of any injuries, disabilities and/or illness.
11.1.3 The Centre reserves the right to refuse a booking on medical grounds if the medical condition is considered to be detrimental to the safety and smooth running of the hire session.
12.1 If the Customer encounters a problem or issue relating to the services being provided by the Centre, the Centre will try to resolve such problem or issue as soon as possible. If the problem or issue fails to be resolved, the Customer must report it to the relevant instructor or at the Centre’s reception.
12.2 In the event that the Customer does not receive a satisfactory response following the event the Customer may request to meet the Centre’s management team.
13. Unruly Behavior
13.1 The Customer and any member of the Customer’s party is required to have consideration for other people. If, in the Centre’s reasonable opinion, the Customer or any member of the Customer’s party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property both on and off the water, the Centre is entitled, without prior written notice, to terminate the use of facilities of the person(s) concerned. Such persons will be required to leave the Centre’s property and no refunds will be made and the centre will not pay any expenses or costs incurred as a result of the termination
13.2 The Customer shall be liable for any damage or loss suffered by the Centre as a result of disruptive behavior.
13.3 No splashing spectators or any children within the children’s play/paddling area
13.4 If a customer has evidence of drinking or alcohol can be detected they will be refused permission to drive any watercraft as the centre has a strict No Alcohol Policy.
14. Limitations of Liability – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISONS OF THIS CONDITION
14.1 This Condition 11 sets out the entire financial liability of the Centre (including any liability for the acts or omissions of it’s employees, agents and subcontractors) to the Customer in respect of:
14.1.1 any breach of the Contract;
14.1.2 any use made by the Customer of the Services;
14.1.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Contract.
14.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
14.3 Nothing in these Conditions limits or excludes the liability of the Centre:
14.3.1 for death or personal injury resulting from negligence by the Centre; or
14.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Centre.
14.4 Personal property which belongs to the Customer is at all times the sole responsibility of the Customer. The Centre shall not accept any liability for loss of or damage caused to the Customer’s personal property unless any loss or damage is due to the negligence of the Centre or its representatives.
14.4.1 the centre has lockers at reception in order to store any customers personal items
14.5 Subject to conditions 14.2, 14.3 and 14.4:
14.5.1 the Centre shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
14.5.2 the Centre’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Customer for the Services.
14.6 For the avoidance of doubt, the Centre shall have no liability for any loss or damage suffered by the Customer or any other person as a consequence of any negligence or wrongful act on the part of the Customer.
14.7 The Customer is advised to insure against injury or losses incurred during their booking with the Centre and arrange suitable medical cover for such booking.
15. Intellectual Property
The copyright and all other intellectual property rights in the products and services shown in Centre’s brochures, website and other materials shall at all times remain the property of the Centre.
13.1 Photographs taken at Lagoona Park may appear in our brochures, website, Facebook page and marketing materials. If the Customers does not wish to be photographed this should be raised with the photographer. All photos taken are copyrighted by Lagoona Park and must not be copied in whole or in part without the express permission of Lagoona Park. Any person wishing to take photographs at the centre needs to acquire confirmation prior to proceeding.
17. Data Protection
17.1 Lagoona Park takes appropriate measures to prevent unauthorised or unlawful processing of personal data. Personal information requested by the Centre at the time of booking or any other subsequent information is held in its original form and on computer.
17.2 The Centre:
17.2.1 is the data controller for the purposes of the Data Protection Act 1998;
17.2.2 will process your personal information in accordance with the Data Protection Act 1998; and
17.2.3 will not divulge your personal information onto third parties.
17.3 By providing us with your personal information to process a booking, you agree that your personal information can be:
17.3.1 held and accessed by the Centre’s authorised staff; and
17.3.2 used to contact you in the future either by email or post to send you e-news and/or marketing materials (including information about future events).
17.4 If you do not want us to use your data to send you such e-news and/or marketing materials please do not tick the relevant box situated on the booking form on which we collect your data. You can also exercise your right to opt out of receiving such e-news and/or marketing materials at any time by contacting us by email at firstname.lastname@example.org or by telephone on 0118 988 5959.
18. Circumstances Beyond our Control
The Centre shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing it’s obligations under the Contract or from carrying on it’s business directly or indirectly by any acts, events, omissions or accidents beyond it’s reasonable control including but not limited to, act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Centre or any other party), failure of a utility service or transport network, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, unusually severe weather or energy supply disruption or default of suppliers or subcontractors.
19. Rights of Third Parties
A person who is not a party to this agreement (except where applicable) any successors and (permitted assigns) shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
The Centre reserves the right to waive any or all of the Conditions.
The text, illustrations and images used in Lagoona Park promotion literature are protected by copyright and must not be copied in whole or in part without the express permission of Lagoona Park.
22. Quality Control
Lagoona Park endeavour to provide the best quality experience service to all customers visiting our premises.
Full Employer and Public Liability Insurance is valid and renewed annually.
24. Applicable Law
24.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with English law.
24.2 The Customer irrevocably agrees that any dispute or claim that arises out of or in connection with the Contract or its subject matter will be dealt with under the exclusive jurisdiction of the English courts.
25. Booking Form Undertaking
PLEASE READ THE FOLLOWING STATEMENT CAREFULLY. THE CENTRE’S ACCEPTANCE OF ANY BOOKING WILL ONLY BE DONE SUBJECT TO YOUR ACCEPTANCE OF THESE CONDITIONS.
You, the Customer, have had the terms and conditions of booking brought to your attention, including the terms of cancellation and you understand that:
– the deposit is not refundable once a booking has been confirmed, unless the hire session is cancelled by the Centre;
– refunds due to cancellation are in accordance with the terms and conditions of booking;
– you shall be liable to pay the session fees if less than forty eight (48) hours notice of cancellation is given;
– you shall forfeit all fees if less than forty eight (48) hours notice of cancellation is given;
– by making this booking you agree that you are:
– sufficiently proficient in water to undertake the hire session in connection with your booking;
– physically fit to take part in any activity during hire session in connection with your booking; willing to comply with all safety –
– regulations as required by the Centre;
– aware that we have advised you to be in possession of adequate cancellation insurance against certain unavoidable cancellation.- – aware and agree to comply with our No Alcohol Policy whilst using our machines
– you have read and accept our full terms and conditions which are also available on our website www.lagoonapark.com or by contacting our bookings department on 0118 988 5959; and
– you accept that the Centre is not liable whatsoever in respect of loss or damage to personal property not caused by the negligence of the Centre or its staff.
Whilst every effort has been made to ensure accuracy in this publication, the Centre can accept no liability whatsoever for any errors, inaccuracies or omissions, or for any matter in any way connected with or arising out of the publication of this information. Please check all prices and facilities before making your booking.