Baysports Disclaimer

If you book online you have already agreed to the terms and conditions of the Athlone Baysports ltd Waterpark Disclaimer. If you book and pay at reception you must sign our disclaimer before admission to use the waterpark.

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 Athlone Baysports ltd Waterpark by any customer, other members of a customer’s party, and their guest/s and their use of the Waterpark and all associated equipment.

Definitions and Interpretation

Attendee Disclaimer The disclaimer and indemnity in the form set out at the end of these terms and conditions.

Waterpark Means the floating inflatables located at Baysports ltd Hodson Bay, Athlone, Co Roscommon N37KH72 and equipment refers to all other items for hire and or public use such as kayaks, SUPs etc. Facilities refers to our buildings, marquees and public areas

Waterpark Entry Conditions Means the conditions of entry into the Waterpark and the rules and regulations that must be obeyed at all times.

Athlone Baysports ltd Waterpark Ltd registered address is at Baysports ltd, Hodson Bay, Athlone, Co Roscommon N37KH72, Ireland and includes all employees and agents of Baysports;

Customer/Guest refers to an individual who is a customer of us who agrees to pay both for him/herself as a paying guest of Athlone Baysports ltd and for members of his/her party and any of his/her guests including those accessing our site as non-paying guests;

Order means your order to purchase an entry ticket to the Waterpark/ other equipment/ facilities whether through Our Site, www.baysports.ie , 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.

General

Customers are reminded that the Waterpark/ other equipment/ facilities are potentially hazardous and use of the Waterpark/ other equipment/ facilities is at the Customers own risk. All attendees to the Waterpark must observe the Entry Conditions at all times. Whilst we make all reasonable efforts to ensure that the descriptions of the Waterpark/ other equipment/ facilities are correct and reasonable and accurate, Images and video footage of the Waterpark are for illustrative purposes only. 

By proceeding with this booking, you confirm you’re not relying on any representations made.

1. Entry into the Waterpark

• All persons entering the Waterpark/ other equipment/ facilities must have a valid entry ticket. All entry tickets purchased are only valid on the date printed on the ticket or if in person, the date of purchase of admissions.
  • All pre-booked tickets (whether made via online or telephone) are non-refundable and non-transferable, including if in the event that admission into the Waterpark/ other equipment/ facilities is refused or relinquished for any reason.
  • Our Site will present you with the booking process. Before submitting your Order 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 it and 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 confirmation by email. Only once we have sent you a booking confirmation will there be a legally binding contract between Baysports Athlone ltd 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 the dates 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 change the date of your booking up to 10 days before 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.
  • By purchasing tickets on behalf of other guests, you accept the Entry Conditions on behalf of every guest and you shall ensure that the Entry Conditions are complied with by each person in the group.
  • All attendees in your group will be required to sign and complete the Attendee Disclaimer (in the form set out below) prior to the entry into the Waterpark/ other equipment/ facilities. Any attendee who fails to complete the Attendee Disclaimer prior to the date in which they are due to attend, will be refused entry to Baysports
  • Where tickets are to be purchased for exclusive use of the Waterpark, 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 Waterpark and full payment will need to be made in advance 4 days before the date you’re due to attend. We reserve the right to refuse entry into the Waterpark where any payment remains outstanding.
  • The Waterpark/ other equipment/ facilities operates a strict Adult / Guardian to Child / Youth regulation policy in order to comply with health and safety standards. This Regulation is set out as a ratio 1 paying Adult / Guardian over the age of 18 for every 3 Children / Youth Admissions 10 years old and under. Further all children aged 11 to 13 years must have an accompanying adult / guardian present at the waterpark facility.  Everyone 14 years plus can use the park with adult supervision.
  • Payment for all tickets online/telephone must always be made in advance and you will be prompted to pay during the order process.

2. Changes to the Waterpark

• We will endeavour to ensure that as many inflatables are available for use by you and other guests to enjoy the Waterpark. However, we reserve the right, without prior notice, to remove any inflatable equipment that we deem necessary.
• As your safety is our concern, we reserve the right to close the whole or any part of the Waterpark/ other equipment/ facilities or suspend the operation of the Waterpark/ other equipment/ facilities at any time for any technical, safety 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 Waterpark/ other equipment/ facilities is closed for any of the reasons set out above, we reserve the right to offer exchange tickets for admission to the Waterpark/ other equipment/ facilities on an alternative date in substitution for any other forms of redress.

3. Entry Requirements

• You will be admitted to Baysports subject to Entry Conditions. If you do not comply with the Entry Conditions or you fail to complete the Attendee Disclaimer (Online or Reception) you will not be permitted access to the Waterpark/ other equipment/ facilities or may be removed from the Waterpark/ other equipment/ facilities by us, without any right to a refund. Whilst at Baysports, 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 Waterpark, you accept that you have a duty to take reasonable steps to ensure your own safety, considering any personal medical conditions. All persons in and around the Waterpark should behave in a safe manner adhering to the Waterpark/ other equipment/ facilities Safety Rules at all times and not acting in any manner which may disrupt, disturb or endanger other users of the Waterpark/ other equipment/ facilities.
• All attendees must attend the safety briefing prior to using the Waterpark/ other equipment/ facilities. The waterpark rules will be explained by our staff members. Safety briefing are delivered 10 minutes prior to your session start time and they are COMPULSORY for all participants using the Waterpark including repeat sessions.
•  If you or any one in your party behaves in a manner which we consider to be to be unsafe or where we believe that you are under the influence of drugs or alcohol or where you disregard the reasonable instructions given to you by us, or cause a nuisance or endanger others on the park/other areas, then we reserve the right to remove you from the Waterpark/ other equipment/ facilities.
• All Participants must be aged 6 years or over to be eligible for admission to the Waterpark. Participants under the age of 18, will only be able to use the Waterpark with parental consent. The Waterpark operates a strict Adult / Guardian to Child / Youth regulation policy to comply with health and safety standards. This Regulation is set out as a ratio 1 Adult / Guardian over the age of 18 Admission for every 3 Children / Youth Admissions Under the age of 10. Further all children aged 10 to 14 years must have an accompanying adult / guardian present at the waterpark facility.  Children 14 years plus can use the park with adult supervision.
• All Participants must wear a buoyancy aid in order to participate in the Waterpark or other water based equipment. The use of the Waterpark Buoyancy Aids is COMPULSORY. On the waterpark cotton socks must be worn.  For other activities such as SUPing/Kayaking etc on the water, protective footwear must be worn.  
• 3.7 Participants must not wear any loose clothing during the use of the Waterpark. Participants must not wear any jewellery, watches, glasses / spectacles or wear any sharp objects.
• 3.8 Participants must wear a swim suit, swimming togs / shorts when using the Waterpark wet-suits. The wearing of Waterpark (Or Self Owned) Wet-Suits, Cotton Socks and Admissions Wristbands are COMPULSORY.

4. Customers with disability

4.1 We fully comply with all laws from time to time in force regulating the treatment of, and provision for, customers with any disability. If you have any special requirements pertaining to a disability, you should inform us of such requirements before you arrive.

5. Limitation of Liability

• To the maximum extent permitted by law, we accept 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 Waterpark/ other equipment/ facilities whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the use of the Waterpark. We accept no liability for any damage/theft/loss caused to property and/or personal belongings, and any personal belongings brought to the Waterpark /Baysports 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.
• Furthermore, if you are a “consumer” as defined by the Consumer Protections Act 2007, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

1. The Consumer Protections Act 2007

2. The Consumer Regulations;

3. The Sale of Goods and Supply of Services Act, 1980, or

Any other consumer protection legislation; as that legislation is amended from time to time.

For more details of your legal rights please refer to your local Citizens Information board or The Competition and Consumer Protection Commission

• You are responsible for any damage you cause to the Waterpark or indeed any of its associated facilities including but not limited to changing facilities, sanitary facilities, parking facilities, reception and Waterpark equipment.

6. 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.

7. 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 1988 and your rights under that Act and these Terms and Conditions.
• We may use your personal information as follows:

1. To provide the services subject to these terms and conditions to you;

2. To process your payment for entry into the Waterpark / other equipment/ facilities;

3. We will not pass on your personal information to any other third parties without first obtaining your express permission.

8. Regulations

• We are required by the Consumer Regulations to ensure that certain information is given or made available to you as a Consumer before we make 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 now as required by the Regulations, and such information will be part of the terms of our contract with you as a Consumer.

9. Complaints

• 9.1 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 Waterpark or any of our staff, please raise the matter with the Waterpark Manager who can be contacted at info@baysports.ie.

10. 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.

11. Law and Jurisdiction

• 11.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with Irish 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 the Republic of Ireland, as determined by your residency.