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Terms & Conditions
Booking Terms & Conditions
These Terms and Conditions constitute an agreement between Land Management Ltd, trading as Mersea Boating Lake whose registered office is situated at 43 Market Place, Romford, RM1 3AB (hereinafter called “Mersea Boating Lake”) and the Customer (hereinafter called the “Customer”) using the products or services of Mersea Boating Lake.
Contents:
“Activity” or “Activities” – means any of our activities which we offer on our site from time to time and includes where applicable single or multiple activities
“Participant” – means a person who is booked to participate in any Activity by virtue of a Booking. “Booking” – means a booking made by you or on your behalf for any Activity.
“Designated Location” – means the location of the start of the relevant Activity.
“Participating Adult” – means an adult who accompanies any child or children and actively participates in an Activity. For the avoidance of doubt, a Supervising Adult can also be a Participating Adult.
“Informed Consent Form” – means the acknowledgement of risk and conditions of participation form which must be signed by or on behalf of all Participants before taking part in an Activity.
“Operating Season” means the period 29th of March to 31st October
“Promotional Offers” means any special offers we may advertise or offer from time to time in connection with any Activity.
“Site” – means the site on which an Activity takes place and “Sites” shall mean all or (where the context requires) any of them.
“Supervising Adult” – means an adult or adults who accompany any child or children to our sites.
“Terms” – means these terms and conditions as amended by us from time to time.
“Website” – means our website www.merseaboatinglake.com
These Terms apply to any Booking.
These Terms constitute an agreement between Mersea Boating Lake
(company registration number 00181419 ) (“Mersea Boating Lake/us/we”) and the person or firm who is making the Booking or participating in the Activity or Activities (the “Customer/you”) and will apply to any Booking you make (Agreement).
Our Terms include important information about our Activities.
If you or any Participant suffers from any pre-existing medical condition you should contact us before booking to ensure it does not preclude you from participating in any of our Activities. Failure to do so may mean you or the relevant Participant cannot take part and no refund would be payable by us.
You acknowledge that you have read all these Terms and you agree to make sure all Participants are aware of and have accepted these Terms. Please note, by booking or participating in any of our Activities you accept and agree to be bound by these Terms and this set out in the Informed Consent Form. By entering into this Agreement you acknowledge that you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or in the Informed Consent Form.
We are committed to ensuring your safety and complying with Health & Safety legislation. This means that there may be times where weather conditions mean some of our Activities are not safe to take part in. If, in our absolute discretion we decide to amend restrictions or delay Activities at any time on the day of the Booking, we will endeavour to post a notice on our Social Media Pages. In addition, we may also communicate any delays or cancellations to you via e-mail using your e-mail address provided during the booking process. Unfortunately, there may not always be sufficient time for this. If we do this, you can:
If we must permanently cancel your Booking and we cannot offer you an alternative there will be no penalty or administration charge and a refund in full (if applicable) will be made within ten (10) working days of us notifying you of the cancellation. No other compensation consequential losses or any other losses will be payable to you.
Every Participant is required to sign an Informed Consent Form, or you complete the form on behalf of your party you are making the booking for at the time of the booking. If a Participant does not sign an Informed Consent Form or does not comply with any of the terms set out in the Informed Consent Form, it may result in that Participant being prohibited from taking part in the Activity concerned. If this happens, no refund will be paid and we will not be liable for any compensation, consequential losses or any other losses arising.
We always recommend you make advance reservations to avoid any disappointment. You can make these reservations through our Website.
Full payment must be made before you start your Activity.
Vouchers bought directly from us are valid until the date printed on them. They cannot be redeemed after that date, unless an extension has been purchased from us prior to the expiry date.
In order to provide vouchers, it is necessary that we ask you for personal details of the person placing the order as well as any individual who will be redeeming the voucher. This is to allow us to generate and send vouchers. The data captured for this purpose may include but is not limited to Name, Address and Contact Details. This data will never be used for any reason other than processing your voucher order and will never be shared with a third party without your knowledge. Approved and paid extensions are valid until the end of the current Operating Season and are charged at a flat rate of £10 per voucher. Vouchers cannot be replaced if lost, stolen or destroyed. Keep them safe.
Vouchers are not refundable and have no cash value. If an intended purchase is for a higher amount than the face value of the voucher(s), the difference can be made up with a card payment. If it is less, then change cannot be given.
Prices quoted will be current at the time of your Booking, Mersea Boating Lake operates a dynamic pricing model and prices are subject to change at our absolute discretion. The price agreed will not be subject to any change unless due to circumstances beyond our control. Such circumstances include (but are not limited to and by way of example only) civil riot, new legislation, regional or national emergency, war etc. Where such a price amendment is necessary you will be notified in writing. Should a price amendment be unacceptable to you the booking can be cancelled in accordance with Condition 8 above.
The price will include the Activity, all necessary safety equipment and VAT.
The price doesn’t include personal insurance, snacks, lunch, beverages, optional adventures, gratuities and any other items not specifically mentioned as being included. Wetsuit hire isn’t generally included, unless you have booked an Activity that specifically includes wetsuit hire. For the avoidance of doubt wetsuits are not regarded as necessary safety equipment.
As a general rule, bookings will be accepted on the basis of information supplied by you at the time of booking. However, at our discretion, proof of any concession entitlement may be requested at any time during fulfilment of the Activity booked. Failure to produce required evidence upon request may result in the concession / discount being withdrawn and payment being requested amounting to a difference between that which has already been paid and the full published price.
You are expected to arrive early for your session, in line with the requirements of the Activity. These are detailed on the Website and in your booking confirmation email. Please take time to read it. It contains important information that will help ensure your Activity is stress free. If you arrive late or don’t allow enough time to be ready for the start of your session, the session will not be extended, for example, if you are 10 minutes late for a one-hour session then your session will last 50 minutes. Make sure you check the tide times as these vary from day to day and week to week and access across the Strood can be restricted.
Many of our visitors will also be capturing video and photographs whilst on site whether using personal devices, by attending our site, you understand and accept that we are not responsible for the use of any images of you that may be captured in this way.
15. Children
Full legal responsibility for any child or children in your group lies with the Supervising Adult. The Supervising Adult is the person who signs the Informed Consent Form on behalf of the child/children. The Supervising Adult may delegate responsibility for a child or children during an aqua park session to another responsible adult providing they are made known to our reception staff on check in and have been logged on the booking system as sharing a valid accompanied pass with said child or children. Full legal responsibility remains in such circumstances with the Supervising Adult.
We will try where possible to work with Participants with disabilities to ensure they get the most out of their Activity. That said we work in a busy environment and advance notice is essential in respect of pre-existing medical conditions so that we can where necessary divert staffing resources to assist in making the session safe for both the Participant and others. We reserve the right to decline participation in any Activity on our site based on a pre-existing medical condition which should be disclosed to us at the time of the Booking.
Our site is dog friendly. However, dogs must at all times remain under the control of the owner or person accompanying them, this means on a lead. You must ensure they are not left to roam uncontrolled and are responsible for clearing up any mess they may leave behind. If any of our operatives or employees in their absolute discretion direct that pet animals must be removed from our site then you must comply with this request which may be made on the basis of lack of control, animal welfare or hygiene.
The consumption and use of alcohol is limited to after activities, the use of non-prescribed drugs is strictly prohibited on all our site at all times. We reserve the right to refuse admission to any person who is considered to be under the influence of alcohol or non-prescribed drugs. Smoking or vaping is not permitted at any time in or around any of our buildings or when our equipment is being used.
Mersea Boating Lake has appropriate public and employer liability insurance. Personal insurance against injury, theft, loss or any other event is not included, and you must arrange for such cover, if required, to be in place.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Activities. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Activities are suitable for your purposes.
If you or any Participant deposits personal possessions, items of clothing or any other property in the lockers provided, with an employee or a third party on site then they do so at their own risk and Mersea Boating Lake will not be responsible for any loss or damage to these items however caused. As you will be participating in physical activity, we cannot accept liability for any damage to any items of clothing, footwear etc.
22. Reserved Rights
Cancellation:
Changes to Site and/ or park layout:
We reserve the right to change the layout of all aspect of the Site and park and car park at our absolute discretion. We may also close certain equipment at certain times or remove it from the site. This may mean that certain aqua park items or hire items are moved, replaced, or taken out of commission at any particular time. This may involve the closure or movement of multiple items. This would normally be for reasons of safety or repair but could be for any other reason or indeed for no reason.
Changes to These Terms:
We reserve the right to make alterations or changes to these Terms at any time ensuring that the Customers of existing bookings will receive the latest copy of the Terms prior to participating in an Activity. Should the revised Terms be unacceptable to a Customer who has pre-booked the booking may be cancelled without penalty or administration charge.
Events outside of Our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Condition 25(b).
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
24. Complaints and Disputes
Any disputes or complaints must be brought to the attention of Mersea Boating Lake in writing by email within fourteen (14) days from the occurrence which gave rise to the complaint / dispute. On receipt Mersea Boating Lake will respond within 14 days by email. Mersea Boating Lake will endeavour to investigate and resolve such a dispute or complaint without involving third parties. Visit our website to find our email contact details.
General Matters
We may transfer our rights and obligations under an Agreement to another organisation, but this will not affect your rights or our obligations under these Terms.
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the Conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Conditions will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by the law of England and Wales. This means an Agreement for a purchase of through our site and any dispute or claim arising out of or in connection with it will be governed in accordance with the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
If you are a business, an Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with an Agreement or its subject matter or formation (including non-contractual disputes or claims).
26. Personal Data
In order to provide our Activities, we collect data about individuals, usually within a business context. We treat all data which identifies an individual or when combined with any other information can identify an individual as personal data.
Unless otherwise stated at the time of collection, we will be defined as the ‘Controller’ of the personal data you provide to us. This means that we control what happens to and what is done with this data that is in our possession.
We collect various personal data which may include but is not limited to name, address, email, phone number, age, vehicle registration, IP address, medical conditions, and allergies along with any other information relevant to your booking. We will never collect any data from you that is not required to provide your adventure or for a legal obligation. It may also be necessary to collect additional details from you should an accident occur whilst on site. These details will be retained in line with our obligations under UK law and our insurances. The required retention periods for this data varies depending on the individual as below;
Details of incidents involving minors may need to be retained for up to three years following their 18th birthday.
Details of incidents involving adults will be retained for no longer than 6 years following the incident.
We will endeavour to provide details of any processing including any third parties that may have access to your data and the location of the processing whenever we ask you to provide information.
Anything you bring with you, please take it away or if it is rubbish/waste place it in the many bins around the lake and car park.
You agree to obey the rules of the lake which are principally:
You agree that Mersea Boating Lake has the right (but not the obligation) to remove anyone who, in its opinion, is disrespecting these rules or acting in an unsafe or inconsiderate manner.
To the maximum extent permitted by law, Mersea Boating Lake accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages whether in contract, tort (including negligence), breach of statutory duty or otherwise arising from the use of the Mersea Boating Lake. You agree to be responsible for the safety of your own equipment and that of Mersea Boating Lake and its property and for the protection of your own property. You agree to indemnify and keep indemnified Mersea Boating Lake, its directors, staff, and any other person paid by it or authorised to act for it in connection with the Mersea Boat Lake against all actions, claims, costs, expenses and demands in connection with your failure to comply with any of your obligations as set out above.
There is parking onsite. Car parking has previously been charged, however from 2023 there are no parking fees or charges in place. The car park will be locked 30 minutes after the closure of the lake, every day. If you have not removed your car it will be locked on site until the next morning.