Torquay Watersports Limited Terms and Conditions
All bookings subject to these Terms and Conditions
The following definitions and rules of interpretation shall apply in these conditions:
“Torquay Watersports” means Torquay Watersports, MDL Marina, Vaughan Road, Torquay, TQ2 5EQ. “Conditions” means these terms and conditions for the provision of service. “Contract” means the contract between Torquay Watersports and the customer for the provision of services “Customer” means the person, company, firm or other legal entity, including any employees, agents or subcontractors that place an order or purchase a service from Torquay Watersports. “Service” means any product, service or facility offered by Torquay Watersports to the customer.
1.2 Where the conditions refer to “we, us or our” this means Torquay Watersports (together with its employees, agents and contractors). Where the conditions refer to “you, your, or yourself this shall mean the customer (or for the organisation you work for).
1.3 The headings in these conditions are for convenience only and shall not affect their applicability.
1.4 A reference to the law is a reference to as it is in force for the time being taking into account of any amendment, extensions, 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 faxes and email”.
- Application of terms
2.1 These Conditions are the only conditions upon which Torquay Watersports is prepared to deal with the customer. The Conditions shall be incorporated into the Contract to the entire exclusion of all other terms and conditions (including any terms and conditions which the customer purports to apply under any purchase order, confirmation 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 the law, trade, custom, practice or course of dealing.
2.3 The Customers purchase order, or the Customers acceptance of a quotation for Services by Torquay Watersports, constitutes an offer by the customer to purchase the services specified on these Conditions. No offer placed by the Customer shall be accepted by Torquay Watersports other than:
2.3.1 by a written acknowledgement issued and executed by Torquay Watersports; or
2.3.2 (if either) by Torquay Watersports starting to provide the services, when the 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 Torquay Watersports by telephone, email or via our website. Please note that places cannot be provisionally booked.
3.2 To help you find the right product please read the product description carefully. Once you have made your choice of service and dates, and have read the booking conditions please make your booking with the appropriate payment. Booking cannot be accepted without prior and appropriate payment. All product payments must be made prior to arrival.
3.3 Please note that individuals cannot be provided with credit terms.
3.4 Before providing credit terms for any organisation we will have to agree. An official purchase order will be required to secure a booking and credit references may be taken up. When we agree to a purchase order it will need to be attached to your booking form.
4.1 All Torquay Watersports trips where individuals book a trip are zero rated VAT. Bookings cannot be confirmed or reserved by Torquay Watersports until we have received the appropriate payment.
4.2 Full payment at the time of booking is required for all bookings.
4.3 A 50% deposit is required on all whole boat, commercial or corporate bookings. The balance is to be paid by the customer before the trip commences.
4.4 Torquay Watersports reserves the right to cancel any bookings without prior notice if full payment is not received in accordance with condition 4.4 with no refund.
- Amendments to bookings by the Customer
5.1 The customer may be substituted by another provided that at least 6 days notice is given to Torquay Watersports and that the substituted customer satisfies the booking terms and conditions.
5.2 The Customer may change their booking up to 7 days prior to the trip. It shall be at Torquay Watersports sole discretion as to whether such a change shall be accepted.
5.3 If a customer is unsure of the return date then a voucher will be offered to the same value as the booking. The voucher will be valid for 12 months from the date of issue.
6.1 Cancellations by the Customer
6.1.1 Prior to 7 days before the booking date a refund will be offered if the trip is cancelled. The refund will be subject to a fee of 10% of the deposit made.
6.1.2 Within 7 days of commencement of the trip, no refund of payment or deposit will be available. A voucher will be offered to the same value as the booking, which will be valid for 12 months from the date of issue.
6.1.3 You shall forfeit all fees in entirety if 24hrs or less notice of cancellation is given.
6.1.4 You are advised to insure against and check whether your own personal insurance policy provides cover against cancellation.
6.2 Cancellation by Torquay Watersports
6.2.1 Torquay Watersports will use reasonable endeavors to ensure that your trip/charter takes place in accordance with your booking. However, Torquay Watersports reserves the rights to cancel without prior notice and at any time where we believe on reasonable grounds that cancellation is necessary due to unsuitable conditions.
6.2.2 Where Torquay Watersports cancels a trip/charter you will be offered the following options.
– an alternative trip/charter on the same date or a different set of dates, with any differences in value refunded.
– a voucher to the same value of the trip booked which will remain valid for 12 months.
– the fee paid, minus 10% booking fee.
7.1 In addition to the enjoyment of an activity, safety is of paramount importance on all of our trips and charters. Clearly rib rides and other adventurous activities are hazardous by their nature and participants, parents and guardians must accept that there are risks during fast moving adventurous water based activities. In providing a safe system of work and to manage associated risks;
7.1.1 We only employ fully qualified skippers.
7.1.2 We provide a range of personal protective and safety equipment for participants safety and comfort.
7.1.3 We have a robust management and safety system which is subject to MCA code.
7.1.4 We reserve the right to modify or cancel an activity if we feel there are unmanageable risks.
7.2 The Customer must comply with all safety guidelines and instructions given by Torquay Watersports and its staff.
8.1.1 Customers participating in Torquay Watersports services must expect to be involved in adventurous activity. Customers must be in general good health and must satisfy themselves that the activity is within their abilities.
8.1.2 The Customer must make Torquay Watersports aware as part of the booking process any injuries and or illness they have or that occurs after the booking and prior to the trip/charter commencement.
8.1.3 Torquay Watersports 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 trip / charter.
8.2 Customers should be aware that there is a short walk from the meeting point to the activity location. This is less than 5 minutes walk. There are also steps to walk down to board the Raptor and return up after. These steps do become submerged in water at various tide times, so can be slippery – care must be taken at all times when descending and ascending these steps. The hand rail must be used at all times.
8.3 If you are a carer of a person with a disability, you are agreeing to take responsibility for that person and agree that they are able to remain seated and hold on to hand rail for the duration.
9.1 If the customer encounters a problem or issue relating to the services being provided by Torquay Watersports. Torquay Watersports will try and 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 skipper or the office.
9.2 In the event the customer does not receive a satisfactory response following the event set out in 9.1 the customer may request to meet Torquay Watersports owners.
- Unruly Behavior
10.1 The Customer and members of the customers party are required to have consideration for other people. If, inTorquay Watersports and its staffs reasonable opinion the customer or any member of the customers party behaves in such a way as to cause, or be likely to cause, danger upset or distress to any third parties or damage to property, Torquay Watersports is entitled to terminate without prior notice the trip/charter for the persons concerned. Such persons will be required to leave the boat and no refunds will be made
10.2 The Customer shall be liable for any damage or loss suffered by Torquay Watersports as a result of disruptive behavior.
- Intellectual Property
The copyright and all other intellectual property rights in the products and services shown on the website and leaflet and other materials remain at all times the property of Torquay Watersports.
- Limitations of Liability– THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION
12.1 This Condition 12 sets out the entire financial liability of Torquay Watersports (including any liability for the acts or omissions of it’s employees, agents and subcontractors) to the Customer in respect of:
12.1.1 any breach of the Contract;
12.1.2 any use made by the Customer of the Services;
12.1.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Contract.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these Conditions limits or excludes the liability of the activity:
12.3.1 for death or personal injury resulting from negligence by Torquay Watersports or
12.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by Torquay Watersports.
12.4 Personal property which belongs to the Customer is at all times the sole responsibility of the Customer. Torquay Watersports shall no 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 Torquay Watersports or its representatives.
12.5 Subject to conditions 12.2, 12.3 and 12.4:
12.5.1 Torquay Watersports 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
12.5.2 Torquay Watersports 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.
12.6 For the avoidance of doubt,Torquay Watersports 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.
12.7 The Customer is advised to insure against injury or losses incurred during their booking withTorquay Watersports and arrange suitable medical cover for such booking.
- Photographs or Video Clips
Photographs or Video clips may be taken during your trip/charter may appear on our leaflet or on our website or on social media. If customers do not wish to be photographed or filmed this should be raised with Torquay Watersports and the Skipper.
- Circumstances Beyond our Control
Torquay Watersports shall have no liability to the customer under the Contract if it is prevented from or delayed in performing its obligations under the contract or from carrying on its business directly or indirectly by any acts, events, omissions or accidents beyond its reasonable control including but not limited to act of God, war, invasion, rebellion, riot or civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restrictions, strikes, lockouts or other industrial disputes (whether involving the workforce of Torquay Watersports or any other party), failure of a utility service or transport network, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, unusually severe weather or energy supply disruption or default of suppliers or subcontractors.
- Rights of Third Parties.
A person who is not party to this agreement (except, where applicable, any successors and permitted assigns) shall not have any rights under or connection in any with it by virtue of the contracts (right of third parties) Act 1999.
Torquay Watersports reserves the right to waive any or all the conditions.
- Applicable Law
17.1 The contract or any dispute or claim arising out of or in any connection with it or its subject matter, shall be governed by and constructed in accordance with English and Welsh law as applied in Wales.
17.2 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 courts of England and Wales.
PLEASE READ THE FOLLOWING STATEMENT CAREFULLY. BY MAKING A BOOKING YOU AGREE TO ABIDE BY THESE CONDITIONS. TORQUAY WATERSPORTS ACCEPTANCE OF ANY BOOKING IS SUBJECT TO YOUR ACCEPTANCE OF THESE CONDITIONS.
You, the Customer, have access to the terms and conditions of your booking, available on our website www.torquaywatersports.co.uk including the terms of cancellation and that you understand that:
You can cancel or change a booking up to one (1) week prior to the trip.
In this case, you will be offered a booking transfer to another date or a return of fees less 10%.
You shall forfeit all fees if one (1) week or less notice of cancellation is given.
In this case you will be offered a voucher valid for 12 months.
By making this booking you agree that:
By arriving at Torquay Watersports for your booking you are stating that you and your group are free of Covid-19 symptoms and that all participants within this booking;
- Are sufficiently comfortable on or near water to undertake the activity in connection with your booking;
- Are physically fit to take part in activity during the activity /charter in connection with your booking; making any known injuries aware to the booking staff at the time of your booking;
- Are willing to comply with all safety regulations as required by Torquay Watersports by agreeing to undertake these regulations in accordance with the skipper’s briefing, to be given to you before the activity.
- Accept that Torquay Watersports is not liable whatsoever in respect of loss or damage to personal property not caused by the negligence of Torquay Watersports or its staff.
Cancellation made by Torquay Watersports:
In the unfortunate event that we must cancel due to adverse weather conditions, logistics or mechanics, Torquay Watersports will offer the customer:
– an alternative trip/charter on the same date or a different set of dates,
– a voucher to the same value of the trip booked which will remain valid for – 12 months or, the fee paid, minus 10% booking fee
Please check all prices before making your booking. To book a trip with us, we will need to collect information about you to deal with your booking as smoothly as possible. This information may include details such as your name, address and your credit card details. We disclose your information to third parties only for the purpose of completing your transaction with us. When you browse our web site we do not collect personal information about you. The only way we collect any kind of personal information is if you give it to us. Torquay Watersports may also use this information to contact you with details of other products and services offered by us. If you would prefer your information not to be used in this way, you should inform us of this.