If you book online you have already agreed to the terms and conditions of the Blueway Waterpark Disclaimer. If you book and pay at reception you must sign our disclaimer before admission to use the waterpark.
BLUEWAY WATERPARK LTD – USER DISCLAIMER
Terms & Conditions
These Terms and Conditions together with any and all documentation referred to therein are the standard terms which apply to entry into the Blueway Waterpark Ltd by any customer, other members of a customer’s party, and their guest/s and their use of the Water Park.
Definitions and Interpretation
Attendee Disclaimer The disclaimer and indemnity in the form set out at the end of these terms and conditions.
Water Park Means the floating inflatable assault course located at Blueway Waterpark Ltd at Lough Allen.
Waterpark Entry Conditions Means the conditions of entry into the Water Park and the rules and regulations that must be obeyed at all times.
We/Us/Our means Blueway Waterpark Ltd and whose registered address is at Main Street, Carrick on Shannon, Co. Leitrim, Ireland and includes all employees and agents of us;
Customer/You/Your means an individual who is a customer of us who agrees to pay both for him/herself as a paying guest of Blueway Waterpark Ltd and for members of his/her party and any of his/her guests;
Order means your order to purchase an entry ticket to the Water Park whether through Our Site, www.bluewaywaterpark.ie , via telephone or in person.
Unless the context otherwise requires, each reference in these Terms and Conditions is a reference to these Terms and Conditions as amended or supplemented from time to time.
Customers are reminded that the Water Park is potentially hazardous and use of the Water Park is at the Customers own risk. All attendees to the Water Park must observe the Entry Conditions at all times. Whilst we make all reasonable efforts to ensure that the descriptions of the Water Park are correct and reasonable and accurate, Images and video footage of the Water Park are for illustrative purposes only.
By proceeding with this booking, you confirm you’re not relying on any representations made.
1. Entry into the Water Park
1.1 All persons entering the Water Park must have a valid entry ticket. All entry tickets purchased are only valid on the date and time printed on the ticket or if in person, the date and time of purchase of admissions.
1.2 All pre-booked tickets (whether made via online or telephone) are non-refundable and non-transferable, including if in the event that admission into the Water Park is refused or relinquished for any reason.
1.3 Our Site will guide you through the booking process. Before submitting your Order to us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it and that each guest is able to satisfy the Entry Conditions. By submitting your Order, you represent to us that you have authority to make the booking on behalf of your party and that the booking is subject to these terms and conditions.
1.4 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by us sending you a booking confirmation by email. Only once we have sent you a booking confirmation will there be a legally binding contract between Us and you. All tickets are non-refundable and non-transferable.
1.5 If we, for any reason, do not accept or cannot fulfil your Order, because for example the dates you have requested are no longer available, then no payment shall be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 Business Days.
1.6 You may change the date of Your booking up to 10 days before the date on which you’re due to attend. We will use all reasonable endeavours to accommodate Your requested changes, but We do not promise that all date changes that You request will be accommodated. Where you wish to change the date of your booking in accordance with this clause, you will be required to log into your account and cancel the existing booking. You will have credit placed on your account to the value of the existing booking, allowing you to make an alternative booking with us. For the avoidance of doubt there will be no cash refund alternative, even if no convenient dates or times are available. No changes can be made to the booking if there is less than 10 days until the date you’re due to attend.
1.7 If tickets are bought on behalf of other guests, you accept the Entry Conditions on behalf of every guest and shall ensure that the Entry Conditions are complied with by each person in the group.
1.8 All attendees in your group will be required to signed and complete the Attendee Disclaimer (in the form set out below) prior to the entry into the Water Park. Any attendee who fails to complete the Attendee Disclaimer prior to the date in which they are due to attend, will be refused entry into the Water Park.
1.9 Where tickets are to be purchased for exclusive use of the Water Park, such bookings will need to be made direct with us. Payment will need to be made in advance, unless we have agreed any special credit terms with you. Where we have agreed special credit terms, we shall require a non-refundable deposit to secure the exclusive use of the Water Park and full payment will need to be made in advance 96 hours before the date you’re due to attend. We reserve the right to refuse entry into the Water Park where any payment remains outstanding.
1.10 The Water Park operates a strict Adult / Guardian to Child / Youth regulation policy in order to comply with health and safety standards. This Regulation is set out as a ratio 1 paying Adult / Guardian over the age of 18 for every 3 Children / Youth Admissions 10 years old and under. Further all children aged 11 to 13 years must have an accompanying adult / guardian present at the waterpark facility. Everyone 14 years plus can use the park with adult supervision.
1.11 Payment for all tickets online/telephone must always be made in advance and you will be prompted to pay during the order process.
2. Changes to the Water Park
2.1 We will endeavour to ensure that as many inflatables are available for use by You and other guests to enjoy the Water Park. However, we reserve the right, without prior notice, to remove any inflatable equipment that we deem necessary.
2.2 As your safety is our concern, we reserve the right to close the whole or any part of the Water Park or suspend the operation of the Water Park at any time for any technical, safety or operational reasons (including staff illness), weather, capacity, special events, or to ensure the safety and security of guests, or if we reasonably consider the circumstances so require. If the Water Park is closed for any of the reasons set out above, we reserve the right to offer exchange tickets for admission to the Water Park on an alternative date in substitution for any other forms of redress.
3. Entry Requirements
3.1 You will be admitted to Water Park subject to the Entry Conditions. If you do not comply with the Entry Conditions or you fail to complete the Attendee Disclaimer (Online or Reception) you will not be permitted access to the Water Park or may be removed from the Water Park by us, without any right to a refund. Whilst at the Water Park, you must comply with any reasonable instructions given to you by our personnel or any third party instructed on behalf of us. We reserve the right to vary these Entry Conditions at any time without prior notice.
3.2 By entering the Water Park, you accept that you have a duty to take reasonable steps to ensure your own safety, considering any personal medical conditions. All persons in and around the Water Park should behave in a safe manner following the Water Park Safety Rules at all times and must not act in any manner which may disrupt, disturb or endanger other users of the Water Park.
3.3 All attendees must attend the safety briefing / induction prior to using the Water Park. The Aqua Park rules will be explained by our qualified staff members. The safety briefing induction will 10 minutes prior to your session start time and is COMPULSORY for all persons using the Water Park
3.4 If you or any one in your party behaves in a manner which we consider to be to be contrary to the Water Park riles, unsafe or where we believe that you’re under the influence of drugs or alcohol or where you disregard the reasonable instructions given to you by us, cause a nuisance or endanger others on the park, then we reserve the right to remove you from the Water Park.
3.5 All Participants must be aged 6 years or over and be 120cm or taller to be eligible for admission to the Water Park. Participants under the age of 18, will only be able to use the Water Park with parental consent. The Water Park operates a strict Adult / Guardian to Child / Youth regulation policy to comply with health and safety standards. This Regulation is set out as a ratio 1 Adult / Guardian over the age of 18 Admission for every 3 Children / Youth Admissions Under the age of 10. Further all children aged 10 to 14 years must have an accompanying adult / guardian present at the waterpark facility. Children 14 years plus can use the park with adult supervision.
3.6 All Participants must be confident in the water and able to swim 50m while wearing a buoyancy aid in order to participate in the Water Park. The use of the Water Park Buoyancy Aids is COMPULSORY.
3.7 Participants must not wear any loose clothing during the use of the Water Park. Participants must not wear any jewellery, watches, glasses / spectacles or wear any sharp objects.
3.8 Participants must wear a swim suit, swimming togs / shorts when using the Water Park wet-suits. The wearing of Water Park (Or Self Owned) Wet-Suits, Cotton Socks and Admissions Wristbands are COMPULSORY.
4. Customers with disability
4.1 We fully comply with all laws from time to time in force regulating the treatment of, and provision for, customers with any disability. If you have any special requirements pertaining to a disability, you should inform us of such requirements before you arrive.
5. Limitation of Liability
5.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Water Park whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the use of the Water Park. We accept no liability for any damage/theft/loss caused to property and/or personal belongings, and any personal belongings brought to the Water Park is at your own risk.
5.2 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence.
5.3 Furthermore, if you are a “consumer” as defined by the Consumer Protections Act 2007, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
1. the Consumer Protections Act 2007
2. the Consumer Regulations;
3. the Sale of Goods and Supply of Services Act, 1980, or
4. any other consumer protection legislation; as that legislation is amended from time to time.
For more details of your legal rights please refer to your local Citizens Information board or Trading Standards Office.
5.4 You are responsible for any damage you cause to the Water Park or indeed any of its associated facilities including but not limited to changing facilities, sanitary facilities, parking facilities, reception and Water Park equipment.
6. Changes to Terms and Conditions
6.1 We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
7. How We Use Your Personal Information (Data Protection)
7.1 We shall only use your personal data in accordance with clause 7.2 below or with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Act 1988 and Your rights under that Act and these Terms and Conditions.
7.2 We may use Your personal information as follows:
1. to provide the services subject to these terms and conditions to You;
2. to process Your payment for entry into the Water Park;
3. We will not pass on your personal information to any other third parties without first obtaining your express permission.
8.1 We are required by the Consumer Regulations to ensure that certain information is given or made available to You as a Consumer before we make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself in these Terms and Conditions for You to see now as required by the Regulations, and such information will be part of the terms of Our contract with You as a Consumer.
9.1 We always welcome feedback from our customer and whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about the Water Park or any of our staff, please raise the matter with the Water Park Manager who can be contacted at firstname.lastname@example.org.
10. No Waiver
10.1 No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
11. Law and Jurisdiction
11.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with Irish Law; and
11.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the Republic of Ireland, as determined by Your residency.
I, ________________________________________________ have read this document in its entirety and fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. It is my intention that it be broadly constructed in favour of Blueway Waterpark Ltd in the event of any ambiguities, which shall be resolved in Blueway Waterpark Ltd’s favour. I understand that I am assuming all the risks inherent in participating in the activity, and that I may be injured, become ill or even die. I understand that this is a release of any and all claims against all those parties referenced in this Assumption of Risk, Waiver and Release of Liability Agreement. I understand that this is the entire agreement between Blueway Waterpark Ltd and me and that Blueway Waterpark Ltd has made no representations to me outside of this agreement. I voluntarily sign my name in physical or digital form as evidence of my acceptance of all the provisions in this release and my agreement to be bound by them.
PLEASE SIGN BELOW
Primary Participant / Adult / Guardian: DOB:
Other Participants:(Complete Below)