Gorey Watersports 2020

 terms and conditions

The Terms and Conditions which are published on our website supersede those in any booking confirmation or elsewhere.

Contract:

The following Terms and Conditions form the basis of your binding contract with Gorey Watersports Centre. This binding contract comes into existence when we dispatch our booking confirmation email to you (the person who makes the booking). Please read them carefully as they set out the respective rights, obligations and responsibilities for both parties.

Definitions:

In these Terms and Conditions, "you" and "your" means the lead name on the booking (including anyone who is added or substituted at a later date). "We", "us" and "our" means Gorey Watersports Centre.

“Scheduled Activity” means a activity which has been published by us for the general public to view and book via our website.

“Private Activities” means a activity which is booked by us, for you, where you have paid for the entirety of the activity. 

General:

Once you (the lead name on the booking) have received a booking confirmation from us, you agree to take full responsibility on sharing the following Terms and Conditions to the group who will be taking part in the activity, ensuring that all persons are aware of the following:

Physical capabilities

You must be physically fit enough to take part in any of our activities you choose, some are more physical than others, you must demonstrate you are in good health.

Physical assistance

If you have a disability which requires physical assistance, you must be accompanied by at least one helper who is aged 18 or over, who must be able to provide you with any requisite assistance in the event of emergency or evacuation procedure.

Health

All our activities can experience unpredictable movements that could aggravate existing medical conditions.

You must be in good general health and confident that the activity is within your abilities.

You must make us aware, in writing, during the booking process, or anytime before the start of your activity, of any injuries, illnesses and/or medical conditions that are likely to affect your health and/or safety during the activity.

Without exception, we cannot take you if you are suffering with back, neck or heart complaints.

Without exception, we cannot take you  if you are pregnant.

Acceptance of Risk

The decision to undertake our activitys and the consequences of doing so are entirely at your own risk. We do not accept any liability for personal injury, or injury to others and/or loss or damage (accept through gross negligence).

Injury or incidents

You must immediately declare to a member of staff any incident or injury that arises whilst taking part in activity. We will then, at the earliest convenience, fill out and log an incident report form, which will be sent to you via email.

Failure to immediately declare an incident or injury to a member of staff negates any liability in respect of future claims against us as these can not be substantiated.

To mitigate risks we have conducted a full risk assessment for our operation. We also have a Safety Management System to ensure we provide you with the level of care and safety appropriate for the activity. Extracts of these documents are available on request.

Booking details

You must be at least 16 years old to make a booking with us.

You may make a booking with us via our website, email or telephone.

You must provide us with a valid mobile phone number and email address with every booking.

Your details will be used in order for us to contact you in the event of any changes to your activity.

We will not be held liable if you incorrectly input details causing you to miss a activity.

Payment for scheduled activities

Bookings must be paid in full at the time of booking. If you do not receive a booking confirmation email after payment it is likely that your details have been submitted incorrectly, please contact us via email.


Our preferred payment is by payp. Alternatively, we accept cash, cheque and card payment over the phone.

Cheques should be made payable to: J

Aaron Bentley (Company Owner), flat 1, 3 elysian terrace, 15 St saviours road, St helier, jersey, Je3 4gj

Your booking will not be secured until you have received a booking confirmation email from us.

Children and safeguarding

A child is someone who is aged under 16 years old on the day of your activity.

A child who is under the age of 16 must be accompanied by an adult who is at least 18 years old.

A booking with more than 6 children requires you to have at least 2 adults, aged 18 or over, to accompany them at all times, unless we have granted you permission by email confirmation.  

Minimum age on scheduled trips

A child must be a minimum age of 8 years old on the day of your activity, unless we have granted you permission by email confirmation.

Minimum age on private charters

COVID-19 Pandemic

During these unprecedented times operational procedures and restrictions will be in place. To keep up to date with any changes please go to the COVID-19 UPDATE PAGE.

Please follow the latest government advice at all times: https://www.gov.je/health/coronavirus/Pages/Index.aspx

Cancellation by you for scheduled activitys

100% no refunds once booked, unless you recieve a email from us, you will be allowed to move your date and time with out any charge at any point before your booking.

Cancellation by us 

We reserve the right to cancel or alter any activity if; 

Weather conditions are unfavourable

Minimum passenger numbers are not reached

Our vessel/s have sustained electrical, mechanical or structural failure

We have encountered logistical or technical issues

We have been confronted with circumstances that are beyond our control 

We will endeavour to contact you as quickly as possible once a decision has been made.

You will be offered a suitable alternative date or activity or credit or a full refund.  

The right of refusal 

We reserve the right to refuse passage to any person, who in the opinion of our staff, is unfit or unable to travel, or deemed to risk the safety protocols, or operational feasibility, of our activitys 

You are expected to comply with all reasonable requests made by our staff. If you do not sufficiently meet these requests, we reserve the right to prevent you from taking part.

A refund will not be provided if you have been refused. In such events, company management and the coastguard will be informed.

Our staff members have absolute discretion whether or not to allow you.

Photography 

Occasionally we or other authorised parties will carry out photography/video recording during a activity which may feature customers. 

By accepting these terms and conditions, you agree that we or any authorised party may use such images in any promotional, advertising or publicity material. You further agree that copyright in these materials rests with us or such authorised party. If you do not wish to be photographed, please tell us during the booking process.

Please adhere to any specific code of conduct for drone usage.

Where you have requested that we use your photographic equipment we will not be liable for any damage or loss incurred as a result. 

Clothing and Safety Equipment

We recommend you “dress for the weather” bearing in mind that you are going on a actwaterbased activity which is exposed to the elements. We will offer wetsuits for rental.

We cannot accept liability for damage or loss of any of your personal belongings whilst on any activity, or from the departure or arrival point of any activity.

Late arrivals

As written on your booking confirmation, you must arrive at least 15 minutes before the start of your activity. If you are not present upon check-in for your pre-booked activity we will endeavour to contact you, using the details you have provided,If you miss your scheduled departure you will not be eligible for a later booking or a refund. We cannot wait for late arrivals as this creates difficulties for other customers. 

Data Protection

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 website, 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. We may use your 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.

Insurance

You are covered by our public liability insurance whilst you are taking part in one of our own operated activities. Any activities booked through us but operated by a different activity company you will be provided by there own insurance policy, we are not responsible for anything other than the booking..

We strongly recommend adequate travel insurance to be a prerequisite to booking. We cannot be held liable for any personal injury, loss, or damage, whilst you are with us.

Smoking

Smoking is strictly prohibited on all our vessel’s and 200m around our centre. 

Managing agent

On occasion we may act as a managing agent for larger group bookings where boats may be supplied by alternate companies. In this instance you will be covered by their insurance, duty of care and terms and conditions. We will not be liable for third party bookings.

Complaints and feedback

Should you wish to make a complaint, it should be brought to the attention of the skipper on the day of your trip. Following this, any further complaint should be put in to writing no less than seven days following your experience and should be emailed to us at [email protected] 

Compliments and feedback are accepted and greatly appreciated by us on our social media platforms and via email at [email protected] 

Circumstances beyond our Control (Force Majeure)

Force Majeure means any event which we could not, even with all due care, foresee or avoid. Not withstanding the provisions contained elsewhere within these conditions.

We have no liability for any loss to the customer under the booking contract in the events of Force Majeure, if we, for any reason, are prevented, hindered or delayed, prior to, or during, our operation, for any reasons outside of our control, we may;

Cancel the activity

Applicable Law

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 Jersey Law.

You irrevocably agree 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 Jersey only.