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 Aqua Park by any customer, other members of a customer’s party, and their guest/s and their use of the Aqua Park.
Definitions and Interpretation
|Attendee Disclaimer||The disclaimer and indemnity in the form set out at the end of these terms and conditions.|
|Aqua Park||Means the floating inflatable assault course located at The Waterfront Mall, Karen, Nairobi.|
|Entry Conditions||Means the conditions of entry into the Aqua Park and the rules and regulations that must be obeyed at all times|
|We/Us/Our||Means Active Leusire LTD (Maji Magic Aqua Park) and whose registered address is at PO Box 1986 -00502, Karen, Nairobi 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 the Aqua Park 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 Aqua Park whether through Our Site, 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 Aqua Park is potentially hazardous and use of the Aqua Park is at the Customers own risk. All attendees to the Aqua Park must observe the Entry Conditions at all times.
Whilst we make all reasonable efforts to ensure that the descriptions of the Aqua Park are correct and reasonable and accurate, Images and video footage of the Aqua Parkare for illustrative purposes only. By proceeding with this booking, you confirm you’re not relying on any representations made.
- Entry into the Aqua Park
- All persons entering the Aqua Park must have a valid entry ticket. All entry tickets purchased are only valid on the date and time printed on the ticket.
- All pre-booked tickets (whether made via online or telephone) are non-refundableand non-transferable, including in the event that admission into the Aqua Park is refused or relinquished for any reason.
- Our Sitewill guide you through the booking Before submitting yourOrder 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 itand 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.
- 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 confirmationby email. Only once we have sent you a booking confirmationwill there be a legally binding contract between Us and you.All tickets are non-refundable and non-transferable.
- If we, for any reason, do not accept or cannot fulfil your Order, because for example thedates 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.
- You may changethe date ofYour bookingup to 10 daysbefore 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.
- 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.
- 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 Aqua 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 Aqua Park.
- Where tickets are to be purchased for exclusive use of the Aqua 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 Aqua 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 Aqua Park where any payment remains outstanding.
- The Aqua Park operates a strict adult to child regulation policy in order to comply with health and safety standards
- Payment for all ticketsonline/telephonemust always be made in advance and you will be prompted to pay during the order process.
- Changes to the Aqua Park
- We will endeavour to ensure that as many inflatables are available for use by You and other guests to enjoy the Aqua Park. However we reserve the right, without prior notice, to remove any inflatable, that we deem necessary.
- As your safety is our concern, we reserve the right to close the whole or any part of the Aqua Parkor suspend the operation of the Aqua Park 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 Aqua Park is closed for any of the reasons set out above, we reserve the right to offer substitute tickets for admission to the Aqua Parkon an alternative date in substitution for any other form of redress.
- Entry Requirements
- You will be admitted to Aqua Park subject to the Entry Conditions.If you do not comply with theEntry Conditions or you fail to complete the online Attendee Disclaimeryou willnot be permitted access to the Aqua Park or may be removed from the Aqua Park byus, without any right to a refund. Whilst at the Aqua 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.
- By entering the Aqua Park, 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 Aqua Parkshould behave in a safe manner at all timesand must not act in any manner which may disturb other users of the Aqua Park.
- 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 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 Aqua Park.
- Participants must be 120cm or taller for the Aqua Park with parental consent, if under the age of 18. Children aged 6 to 7 to inclusive must have either a parent or guardian on the Aqua Park with them in a 1 adult to 3 child ratio maximum. Children aged 8 to 15 inclusice must have a parent or guardian on the Aqua Park with them, or on shore for the duration of their session. Participantsunder the age of 18, will only be able to use the Aqua Park with parental consent.
- All Participants must be confident in the water and able to swim 25m in order to participate inthe Aqua Park.
- Participants must not wear any loose clothingduring the use of the Aqua Park.
- Customerswith disability
We fully comply with all laws from time to time in force regulating the treatment of, and provision for, customerswith any disability. If you have any special requirements pertaining to a disability, you should inform us of such requirementsbefore you arrive
- Limitation of Liability
- To the maximum extent permitted by law, weaccept 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 Aqua parkwhether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the use of the Aqua Park. We accept no liability for any damage/theft/loss caused to property and/or personal belongings, and any personal belongings brought to the Aqua Park is at your own risk.
- 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
- 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.
- How We Use Your Personal Information (Data Protection)
- 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.
- We may use Your personal information as follows:
- to provide the services subject to these terms and conditions to You;
- to process Your payment for entry into the Aqua Park;
- 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 beforewemake 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 nowas required by the Regulations, and such information will be part of the terms of Our contract with Youas a Consumer.
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 Aqua Park or any of our staff, please raise the matter with Matt Sweed who can be contacted at Matt@aquaparkgroup.co.uk
- 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.
- Law and Jurisdiction
- 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
- 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.
PAYMENT PROCESSING WITH MPESA
Active Leisure LTD
PO Box 1986 – 00502