These terms and conditions (“Terms and Conditions”) are provided to you by Watercooled General Trading LLC, a company registered in the United Arab Emirates and operating under licence number 663955, with a place of business at PO Box 454393, Dubai, UAE (“Watercooled”, “we”, “us” and “our”). When we refer to “you” and “your” we mean you the customer of Watercooled. These Terms and Conditions shall apply to all of the activities advertised or offered by Watercooled from time to time, whether booked online, by email, by telephone or in person. Where you are placing a group booking it is your responsibility to ensure that all participants have read and understood these Terms and Conditions. 1 SAFETY 1.1 The decision as to whether to participate in any of our activities lies with you the participant. By enrolling on any of our courses/activities you accept the risks involved with watersports, offshore sailing and the other activities we run. It is your responsibility to decide if you are fit and healthy enough to start or continue any activity. If you are in doubt please consult your doctor. You take part in Watercooled activities at your own risk. 1.2 If the activity instructor believes that you are or may be under the influence of alcohol and/or drugs you will be prohibited from participating in any activity and no refund will be offered. 1.3 You must inform your instructor if you are taking any form of medication. 1.3.1 When at the Watercooled centre you must adhere to all instructions given by the Watercooled staff at all times. 1.4 On matters of safety the decision of your instructor is final. 1.5 If you have a fear of the water or are not able to swim 25m you must inform your instructor. 1.6 We recommend that for your own safety where you are under 18 years old you are accompanied to the Watercooled centre by a parent or guardian. 1.7 In the unlikely event of an accident, Watercooled carries appropriate public and product liability insurance. Nothing in these Terms and Conditions shall limit our liability for fraudulent misrepresentation, death or personal injury or any other matter which be excluded by law. 2 RESTRICTIONS 2.1.1 In order to participate in an activity offered by Watercooled you must be: able to swim in light clothing; and Confident in open water. 2.1.2 Certain activities have weight restrictions; please contact a member of Watercooled staff for more details. 2.1.3 The following age restrictions shall apply to the relevant activities: Towables minimum age 5 Waterskiing minimum age 5 Wind sport courses minimum age 8 (we will take children from 7 but at our discretion) Joyrides minimum age 5 Zapcat minimum age 16 Powerboat course minimum age 14 3 EQUIPMENT 3.1.1 We place very high importance on your safety whilst you are at the Watercooled centre. You will only be instructed by appropriately qualified and experienced staff. You will be provided with the correct equipment required for your safety and comfort. A full safety briefing will be given prior to all watersports activities which you shall be required to acknowledge in writing that you have received. 3.2 You are expected to take reasonable care of all Watercooled equipment provided to you by Watercooled. Any damage or loss of such equipment must be reported promptly to a member of Watercooled staff. You will be liable for any damage resulting from deliberate misuse or personal negligence in respect of Watercooled’s equipment and will be liable to pay for and charged for repairing or replacing the equipment, as Watercooled deems appropriate. 4 COURSE/ACTIVITY BOOKING & PAYMENT 4.1 Bookings can be taken over the phone, by post or in person. The posting of a signed application form to Watercooled, a telephone booking, an email or online booking, a booking made in person followed by a verbal acceptance, or an acceptance letter or email sent by Watercooled shall form a binding contract between you and Watercooled and shall incorporate these Terms and Conditions. Individual activity or course bookings will only be accepted when accompanied by payment in full. 4.2 Group Activities and Events Bookings 4.2.1 On confirmation of availability by Watercooled, a provisional booking for a group activity or event shall be held for 7 days. Bookings made within 8 weeks of the event or activity date must be paid for in full. If it is more than 8 weeks until the event or activity date a deposit of 10% of the total cost must be paid to Watercooled together with the booking form in order to secure your booking. Your booking will be confirmed in writing within 7 days of receipt of the signed booking form and 10% deposit. The full balance must be paid 8 weeks prior to the event. Watercooled reserves the right to cancel your booking and retain the deposit if the balance due for a group activity or event is not received within 8 weeks of your event. Cancellation of a group activity or part of a group activity by you less than 8 weeks but more than 5 weeks prior to an activity will be entitled to a refund of no more than 75% of the total cost. Cancellations made less than four weeks but more than two weeks before the activity date will be entitled to a refund of no more than 50% of the cost. For cancellations made less than 2 weeks prior to the activity date will not be entitled to any refund. 4.3 Watercooled reserves the right to cancel or refuse to accept any booking. 4.4 Payment 4.4.1 In terms of payment for Watercooled’s activities, credit and debit cards and payments can be taken over the phone. We accept the following cards: Visa MasterCard 4.4.2 Watercooled will accept cash at the Watercooled centre, but only where provided by you in person. Please do not send cash to Watercooled by post. 5 CANCELLATIONS 5.1 We recommend that you take out insurance to cover yourself and where applicable your group against any loss or damage to personal possessions, unavoidable cancellations or personal accident or illness in connection with your booking with and participation in Watercooled. 5.2 Cancellations by you: For non-group watersports activities, cancellation more than 48 hours before the activity will entitle you to a full refund. Where a booking is cancelled less than 48 hours, but more than 24 hours prior to the activity, you will be entitled to a 50 % refund. For any courses, Tornado hire, Zapcat bookings and any private lessons booked a full refund will be given if notification of cancellation is received by Watercooled more than 7 days prior to the activity date. For cancellations of group bookings please see clause 4.2.1 above. 5.3 Cancellations by us: Watercooled reserves the right to suspend or cancel any booking at any time. In the unlikely event of this happening we will offer a full refund of the activity or course fees or offer you an alternative date to carry out the activity. We will not be liable for any other costs that you incur because of or connected to such cancellation. 5.4 Adverse weather conditions: It is unlikely that Watercooled activities will be cancelled due to weather conditions. However, in the event of adverse weather conditions preventing an activity taking place an alternative date to participate in the activity will be offered by Watercooled but no refunds shall be provided. 6 CONDUCT AT THE WATERCOOLED CENTRE 6.1 Where you are an adult accompanying a group of individuals under 18 to the Watercooled centre you shall be responsible for the behaviour, discipline, parental care and supervision of the group. 6.2 You are expected to use the Watercooled centre with consideration and be respectful of other members of the public and abide by the laws and codes of conduct for the UAE. Watercooled reserves the right to ask you to leave the Watercooled centre if your behaviour is deemed inappropriate or unsafe. 6.3 The Watercooled centre operates a zero tolerance policy regarding drugs and inappropriate use of alcohol. No customer shall be permitted to use the facilities or equipment of the Watercooled centre if staff at their sole discretion, believe that you are either physically or mentally incapable of undertaking the selected activities, intoxicated in anyway or if your behaviour is in any way inappropriate or unacceptable. 6.4 You will be liable for any wilful damage to the Watercooled centre’s furniture, fixtures, fittings and equipment and will be charged for the same. 7 CHANGES TO PROGRAMME Watercooled reserves the right to make changes to the advertised programme, equipment, craft and activities. 8 CERTIFICATION We provide all the necessary coaching but as with all training courses and exams we cannot guarantee that you will pass. The decision of your instructor or assessor shall be final. For externally moderated exams an appeals process is in place at the Royal Yachting Association (RYA). 9 GENERAL 9.1 All courses are taught in the English language. 9.2 Watercooled is not responsible for any loss or damage to your personal possessions while you are at the Watercooled centre. 10 COMPLAINTS 10.1 In the unlikely event that you are unhappy with any part of your course or activity offered by Watercooled, Watercooled would like to know. In the first instance tell your instructor or any member of staff as most problems can be resolved while you are at the Watercooled centre. If they cannot be resolved then please notify the Beach Manager. 10.2 If the matter is still not resolved then we ask you to write to customer relations at our company headquarters in Plymouth UK within one week of your course/activity ending. If you not satisfied with the response then you may of course contact the Royal Yachting Association. 11 PERSONAL DATA 11.1 By making an enquiry with us, or buying any goods or service from us you agree to us holding your information on electronic and/or paper file. We may wish to contact you with future offers, news and product information that we think you will be interested in. You may at any time inform us by email or in writing that you no longer want to hear from us and we will remove you from our marketing lists. Watercooled will never share your details with anyone else, (unless required to do so by law). 12 CHANGES TO TERMS AND CONDITIONS 12.1 Watercooled reserves the right to amend these conditions and prices at any time without prior notice. A copy of the Terms and Conditions will be available at the Watercooled centre. 12.2 These Terms and Conditions are correct as of 31/05/12. 12.3 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.