Terms & Conditions

These Terms and Conditions together with any and all documentation referred to therein are the standard terms which apply to the entry into the Lake by any customer, other members of a customer’s party, and their guest/s and their use of the Lake.

Definitions and Interpretation Attendee Disclaimer

The disclaimer and indemnity in the form set out at the end of these terms and conditions.

Lake Means the open water swim course, Alexandra Lake, Lakeside shopping centre.

Entry Conditions Means the conditions of entry into the Lake and the rules and regulations that must be obeyed at all times.

We/Us Means Swim Lakeside Ltd and whose registered address is at 52 Rumer Hill Business Estate, Rumer Hill Road, Cannock, Staffs, WS11 OET and includes all employees and agents of us;

Our 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 the Lake and also for members of his/her party and any of his/her guests;

Order means your order to purchase an entry ticket to the Lake whether through Our Site, via telephone or in person.

Our Site www.swimlakeside.co.uk / www.aquaparkgroup.co.uk/

 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.

General

Customers are reminded that the Lake is a potential hazardous and use of the Lake is at the Customers own risk. All attendees must observe the Entry Conditions at all times. Whilst we make all reasonable efforts to ensure that the descriptions of the Lake are correct and reasonable accurate, Images and video footage of the Lake are for illustrative purposes only. By proceeding with this booking, you confirm you’re not relying on any representations made.

1. Entry into the Lake.

1.1 All persons entering the Lake must have a valid entry ticket. All entry tickets purchased are only valid on the date and time printed on the ticket.

1.2 All pre-booked tickets (whether made via online or telephone) are non-refundable and non-transferable, including in the event that admission into the Lake 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, the value of your booking will credited to your customer account as soon as possible. Refunds will only be issued if you submit a request via the Customer Services email address within 30 days from notice of the cancellation. Refunds take up to 28 days to show on your bank account once processed.

1.6 You may change the date of Your booking up to 7 days before the date in 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 7 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 Lake. 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 Lake.

1.9 Where tickets are to be purchased for exclusive use of the Lake, 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 Lake 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 Lake where any payment remains outstanding.

1.10 The Lake operates a strict adult to child regulation policy in order to comply with health and safety standards and therefore any child or children up to the age of 9 years must be accompanied by an adult with three children to one adult ratio.

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 Lake

2.1 We will endeavour to ensure that there are a variety of marked swim courses. However we reserve the right, without prior notice, to change the courses as we deem necessary.

2.2 As your safety is our concern, we reserves the right to close the whole or any part of the Lake or suspend the operation of open water swimming at any time for any technical 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 Lake is closed for any of the reasons set out above, we reserve the right to offer substitute tickets for admission to the Lake on an alternative date in substitution for any other form of redress.

3. Entry Requirements

3.1 You will be admitted to Lake subject to the Entry Conditions. If you do not comply with the Entry Conditions or you fail to complete the online Attendee Disclaimer you may not be permitted access to the Lake or may be removed from the Lake by us, without any right to a refund. Whilst at the Lake, 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 Lake, you accept that you have a duty to take reasonable steps to ensure your own safety, taking into account any personal medical conditions. All persons in and around the Lake should behave in a safe manner at all times and must not act in any manner which may disturb other users of the Lake.

3.3 If you or any one in your party behaves in a manner which we consider to be unsafe or where we believe that you’re under the influence of drugs or alcohol or where your disregard the reasonable instructions given to you by us then we reserve the right to remove you from the Lake.

3.4 All Participants must be aged 11 or over, and also be 120cm or taller for the Lake. Participants under the age of 18, will only be able to use the Lake with parental consent and provided that the adult to child regulation policy is adhered to.

3.5 All Participants must be confident in the water and able to swim 400m unaided in order to participate in the activity.

3.6 Participants must not wear any loose clothing during the use of the Lake.

4. Customers with disability

4.1 Swim Lakeside Ltd welcomes visits by disabled people to our parks, and endeavour to do all that is possible to provide a safe and enjoyable experience for all. However, participating in our water sports activity is vigorous and physically demanding. We therefore reserve the right to refuse admission to the Lake should we feel there is a danger to a particular individual or individuals for whatever reason. We have been advised by the Health & Safety Executive that we fully comply with all laws in the treatment of, and provision for, customers with any disability and that refusal on the grounds of health and safety does not constitute discrimination. We hope that you understand and accept the decisions made in the interest of your safety.

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 Lake whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the use of the Lake. We accept no liability for any damage/theft/loss caused to property and/or personal belongings and any personal belongings brought to the Lake 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 Rights Act 2015, 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:

5.3.1 the Consumer Rights Act 2015;

5.3.2 the Consumer Regulations;

5.3.3 the Consumer Protection Act 1987; or

5.3.4 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 Advice Bureau or Trading Standards Office.

6. Changes to Terms and Conditions. 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 1998 and Your rights under that Act and these Terms and Conditions.

7.2 We may use Your personal information as follows:

7.2.1 to provide the services subject to these terms and conditions to You.

7.2.2 to process Your payment for entry into the Lake;

7.2.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.

8. Regulations to provide the services subject to these terms and conditions to You; to process Your payment for entry into the Lake; We will not pass on your personal information to any other third parties without first obtaining your express permission. 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. Complaints 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 Lake or any of our staff, please raise the matter with Connor James who can be contacted at connor@aquaparkgroup.co.uk

10. No Waiver 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 English 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 England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

ENTRY CONDITIONS
You will be admitted to the Lake subject to the following Entry Conditions. If you do not comply with the Entry Conditions you may not be permitted access to the Lake or may be removed from the Lake by us, without any right to a refund.

1. Whilst at the Lake, 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.

2. By entering the Lake, you accept that you have a duty to take reasonable steps to ensure your own safety, taking into account any personal medical conditions. All persons in and around the Lake should behave in a safe manner at all times and must not act in any manner which may disturb other users of the Lake. If you have any medical conditions, you should consult with your own doctor to ascertain if you can take part. If there is any possibility you might be pregnant, you should not take part. If you require medication you must ensure you leave it with a responsible adult on shore, who is able to administer the medication, and they must make themselves known to the lifeguard on shore. If you have already booked and can provide a doctor’s note explaining you are unable to participate we will refund in full any monies paid for your ticket.

3. Participants must be a minimum of 11 years old. Participants under the age of 18 will only be able to use the Lake with parental consent.

4. Please remove all rings, earrings and jewellery before entering the Lake.

5. No personal items are permitted on the Lake.

6. You must ensure that all you have a bright colour hat, goggles and tow bag before you depart, you must not remove these until you are back on shore.

7. You are not permitted to navigate the Lake on your own. You will be asked to form a buddy group of 2-3, where you will be responsible for each other. You will need to stay together in your group at all times.

8. Only exit the lake at the marked pontoon and ensure you get signed off the water by a member of staff.

9. You’re not permitted to swim under any obstacles.

10. The Lifeguards are there to ensure your safety. Please respect them and allow them to control the volumes of people on the pontoon. Please watch the safety briefing video and listen to the instruction given by our Lifeguards.

LAKE ATTENDEE DISCLAIMER & INDEMNITY

RULES AND REGULATIONS

Swim Lakeside Ltd cares for the safe welfare of all participants. We consider Health and Safety to be important for all participants and require you to read and review this statement and indemnity form to establish our level of commitment to your health and safety.

Participants must be a minimum of 11 years old. Participants under the age of 18 will only be able to use the Lake with parental consent.

Your acceptance by clicking below will act as your signature as a participant and/or as the legal parent/guardian should the participant be under 18.

Participants must be confident in the water and able to swim 400m unaided in order to participate.

Participants must not wear any loose clothing during the use of the Lake.

You acknowledge water sports can be a dangerous activity. Resulting injuries may include: Cuts, grazes, sprains, bone fractures, dislocations, loss of consciousness or drowning. You must report any accidents or injuries to a member of staff immediately.

All participants must wear supplied safety equipment, swim hat, goggles and tow bag at all times without tampering or removing such equipment.

Participants will always follow instructions given by Swim Lakeside Ltd staff. We have the rights to terminate your activities should you not comply with instructions.

Participants will ensure their own safety whilst taking reasonable care when undertaking water sport activity.

Participants must not partake in any of our activities whilst under the influence of Drugs or Alcohol – Swim Lakeside Ltd reserve the right to remove you if we see fit.

If you have any medical conditions that may impair your safe use of the park, or worsen due to attending, please seek a professional medical opinion, as our staff are not qualified to do so. You are only permitted to attend if a medical professional has advised it is safe for you to do so.

By submitting this form, you confirm that have read and understand the safety requirements as set out above and will listen to all instruction from the Lake staff or ensure that any participant under or above the age of 18 complies with such instructions. You confirm by submitting this form, you have read and understood the preliminary safety briefing.

DISCLAIMER
You agree to take responsibility for your own and others health and well-being and property in relation to the use of the Lake.

To the maximum extent permitted by law, Swim Lakeside Ltd 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 Lake whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the use of the Lake. You agree to be responsible for your own property.

You agree to indemnify and keep indemnified Swim Lakeside Ltd, its directors, employees, and any other person or persons as may be authorised by Swim Lakeside Ltd to promote or organise this activity from and against all actions, claims, costs, expenses and demands in or connection with your failure to comply with any of your obligations as set out above.

Nothing in this disclaimer shall limit or exclude our liability for death or personal injury resulting from our negligence or limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

By submitting this form you confirm that you are of over the age of 18 (or and competent to provide this indemnity), and you have read the disclaimer and indemnity carefully and understand the terms and conditions. You acknowledge that you have read the Disclaimer and agree to provide the Indemnity requested. You acknowledge that you have agreed to submit your acceptance to this Disclaimer and Indemnity without any inducement, assurance or guarantee, and intend this electronic submission to serve as confirmation of your complete and unconditional acceptance of the terms, conditions and provisions of the Disclaimer and Indemnity.

SOCIAL MEDIA COMPETITIONS TERMS AND CONDITIONS

We Swim Lakeside Ltd whose registered address is Alexandra Lake, Lakeside Shopping Centre, West Thurrock, Grays RM20 2AB

The competition is open to residents of the United Kingdom aged 16 years or over except employees of Swim Lakeside Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition. There is no entry fee and no purchase necessary to enter this competition. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. Route to entry for the competition and details of how to enter are via www.facebook.com/aquaparkrutland www.instagram.com/aquaparkrutland Only one entry will be accepted per person. Multiple entries from the same person will be disqualified. Closing date for entry will be outlined in the post, after this date the no further entries to the competition will be permitted. No responsibility can be accepted for entries not received for whatever reason.

The rules of the competition and how to enter are as follows:

Swim Lakeside Ltd reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of Swim Lakeside Ltd’s control. Any changes to the competition will be notified to entrants as soon as possible by Swim Lakeside Ltd. Entry’s are valid from 12:00pm GMT on 4th July for 24hrs.

Swim Lakeside Ltd is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

The prize is as follows: 4th July Give Away: x10 free swim credits & x1 free swim lakeside swim hat. Personal NOWCA registration not included (£12)

The prize is as stated and no cash or other alternatives will be offered The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

The competition:

Competitions are open subject availability via social media platforms.

Winners will be chosen:

At random by software, from all entries received and verified by Swim Lakeside Ltd and or its agents. as a result of a popular vote conducted via social media sites as measured and recorded and verified by Swim Lakeside Ltd and or its agents. The winner will be notified by email and/or DM on Instagram/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

Swim Lakeside Ltd will notify the winner when and where the prize can be collected / is delivered. Swim Lakeside Ltd’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. ” Entry into the competition will be deemed as acceptance of these terms and conditions.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Swim Lakeside Ltd and not to any other party. The information provided will be used in conjunction with the following Privacy Policy.

© Swim Lakeside 2020