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Terms and Conditions

Aztec Adventure Limited
Booking Terms & Conditions
1. General Issues
1. These Booking Terms and Conditions apply to the booking of the Aztec Adventure Ltd product(s) (the 'Activities") at the location set out in Aztec Adventure Ltd booking confirmation.
2. These Booking Terms and Conditions contain important information concerning participation by you and members of your party and, accordingly, you acknowledge and agree that you shall ensure that all members of your party are aware of and accept these Booking Terms and Conditions.
3. No variation to these Booking Terms and Conditions shall be binding unless agreed in writing by Aztec Adventure Ltd.
4. Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by Aztec Adventure Ltd (including any electronic documentation) shall be subject to correction without any liability on the part of Aztec Adventure Ltd.
5. Aztec Adventure Ltd reserves the right to make changes to the Activities whether to conform with any applicable safety, other statutory requirements or otherwise.
6. Whilst all activities and sessions are organised with the participants' safety first and foremost in mind. Personal insurance against accident or loss is entirely the responsibility of the participants and their parents or guardians. It must be recognised that all participants, their parents or guardians accept the risk when they choose to participate in the Activities.

2. Booking Confirmation
1. All bookings must be made by person who is a minimum of 18 years old.
2. No booking shall be deemed to have been accepted unless accepted in writing by Aztec Adventure Ltd (which shall include Aztec Adventure Ltd's email confirmation of booking).
3. No group booking shall be deemed to have been accepted until the booking form has been signed and accepted in writing by Aztec Adventure Ltd (which shall include Aztec Adventure Ltd's email confirmation of booking).
4. These Booking Terms and Conditions incorporate Aztec Adventure Ltd Privacy Notice and General Form of Disclaimer.
5. You must advise Aztec Adventure Ltd as soon as possible of any mistake in Aztec Adventure Ltd's booking confirmation. Aztec Adventure Ltd shall use its reasonable endeavours to ensure that you and your party's participation commences at the time booked and it shall be the responsibility of each participant to ensure that they arrive in sufficient time. Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will be payable in such circumstances.

3. Group Bookings
1. You (as the Group Leader) must possess the legal capacity and authority to book as the Group leader and enter into the Contract on behalf of the other Group Members.
2. We will only deal with you as the Group Leader in all correspondence in relation to the Contract, including changes, amendments and cancellations.
3. As the Group Leader you will be responsible for: a. ensuring the accuracy of the personal details on the Booking Form in respect of yourself and any other Group member; and b. passing on any information regarding the booking (or any changes made in relation to the booking) to all the other Group members, including but not limited to, information on changes to the Course programme or copies of booking confirmations and course joining instructions.

4. Safety
1. The Activities comprise of water and land based challenges and participation is not without risk of cuts, grazes, sprains, bone fractures, loss of consciousness, drowning, falls or accidents which could be life changing or fatal. You must report any accidents or injuries to a member of staff. All participants will receive detailed safety training from an Activity Leader or Activity Crew Member.
2. Aztec Adventure Ltd reserves the right to refuse admittance to the Activities or to remove a participant from the Activities should it be deemed necessary to do so. This includes a participant who does not comply with the safety rules and advice, the safety system, safe use of the equipment or who is deemed to be under the influence of alcohol or drugs. No refund will be given.
3. All participants are required to act responsibly and courteously at all times and to respect other participants. Aztec Adventure Ltd shall be entitled to prevent any person from undertaking or completing the Activities in the event it deems the behaviour of any participant unsuitable. No refund will be given.
4. Participants must be dressed appropriately (see Clause 5) and Aztec Adventure Ltd reserves the right to refuse admittance to the Activities to any participant who is not appropriately dressed.
5. Go Pros are only permitted if they are mounted on a chest strap, underneath your buoyancy aid.
6. The Activities will remain open in most weather conditions (but not in circumstances of gales, lightning, heavy ice or snow for example).
7. No refunds or compensation will be payable by Aztec Adventure Ltd in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities for the reasons set out in this clause.
8. Participants need to be able to read a car number plate at a distance of 20 metres in order to be able to complete the Activities and to supervise any person under 16 who is in their care. Consequently, short- or long-sighted participants must ensure that they wear contact lenses or prescribed glasses. Aztec Adventure Ltd offer a variety of land and water based activities that may require different levels of eye wear and eye wear protection. Land based activities may require standard eye wear with additional measures of polycarbonate lenses and a sports band. Watersports activities may require standard eye wear with additional measures of polycarbonate lenses and a neoprene sports band. The Aqua Park is a fully immersive water activity and therefore prescription googles may be the most appropriate for the activity.
9. The Activities are physically demanding and require a degree of agility, strength and stamina. If participants are in any doubt as to whether they should attempt the Activities, they are advised to view the Activity before booking and email or talk to Aztec Adventure Ltd. 10. If participants have medical concerns including disabilities but not limited to people who are visually impaired, deaf, have mobility issues or have serious heart, back or neck conditions, pregnancy or previous injury such as dislocations that they contact Aztec Adventure Ltd by email customer.service@aztecadventure.co.uk before purchasing a ticket to ensure this does not affect participation in the Activity. Participants who may be concerned about their ability to take part in the activities should consult a doctor before taking part.
11. Participants must notify Aztec Adventure Ltd (and the relevant Activity Leaders at each activity) of any medical condition which might make it more likely to be involved in an incident or cause injury to such guest or other participations.
12. All participants must be reasonably fit and healthy. Please note this further information on activity-specific age, weight and size restrictions:

Aqua Park activity ('the Activity') All participants must be 6 years old or over and 122cm tall or over.All participants must be able to swim 25 meters from the side of the lake to the Aztec Aqua Park.

SUP hire activity ('the Activity') All participants must be 12 years old or over, maximum participant weight limit 120kg.

Single Sit on Top Kayak hire activity ('the Activity') All participants must be 8 years old or over, maximum participant weight limit 130kg.

Double Sit on Top Kayak hire ('the Activity') All participants must be minimum age 8 years old without an adult onboard. If an adult is onboard the minimum age is 3 years plus, providing the child can properly fit into the buoyancy aid or life jacket provided, maximum total participant weight limit 200kg.

Rowing Boat hire ('the Activity') suitable for up to 3 people, (total weight of 225 kg), at least one person must be at least 18 years of age. If an adult is onboard the minimum age is 3 years plus, providing the child can properly fit into the buoyancy aid or life jacket provided.

Pedal Boat hire ('the Activity') suitable for up to 4 people (total weight 247kg), minimum 8 years + (without an adult onboard). If an adult is onboard the minimum age is 3 years plus, providing the child can properly fit into the buoyancy aid or life jacket provided. Online Children's courses and activities ('the Activity') all participants must be aged 8 - 15 years old. Bespoke Instructor led Children's courses and activities ('the Activity') all participants must be aged 6 - 17 years old. Certain activities are age appropriate. Adult courses and activities ('the Activity') All participants must be 18 years old and over. RYA National Sailing and Powerboat Schemes for adults allow participation from 16 years and above. Open Water Swimming ('the Activity') All participants must be 18 years old and over.

13. All participants are required to wear the following activity-specific equipment:

Aqua Park activity ('the Activity'). A buoyancy aid with a minimum chest size of 66cm to a maximum chest size of 125cm. This will be provided by Aztec Adventure Ltd and fitted by an Activity Leader or Activity Crew Member.

Boat hire and launch activity ('the Activity'). A buoyancy aid with a minimum chest size of 66cm to a maximum chest size of 125cm. A baby lifejacket with a chest size of 40 - 57cm or a child life jacket with a chest size of 53 - 61cm. This will be provided by Aztec Adventure Ltd and fitted by an Activity Leader or Activity Crew Member.

Children's courses and activities ('the Activity') A buoyancy aid with a minimum chest size of 66cm to a maximum chest size of 125cm. A watersports helmet with a head circumference between 52 - 58 cm. A climbing harness with minimum participant height of 125cm to a maximum participant height of 210cm, with a maximum participant weight of 115kg (18 stone). A climbing helmet with a head circumference between 48 - 61cm. This will be provided by Aztec Adventure Ltd and fitted by an Activity Leader.

Adult courses and activities ('the Activity') A buoyancy aid with a minimum chest size of 66cm to a maximum chest size of 125cm. A watersports helmet with a head circumference between 52 - 58cm. A climbing harness with minimum participant height of 125cm to a maximum participant height of 210cm, with a maximum participant weight of 115kg (18 stone). A climbing helmet with a head circumference between 48 - 61cm. This will be provided by Aztec Adventure Ltd and fitted by an Activity Leader.

Open Water Swimming ('the Activity') If you have done an open water swim less than 4 times you must inform the Beach Master of this before you enter the water, and use a tow float. A tow float waist size 58cm - 108cm. This can be provided by Aztec Adventure Ltd.

14. All participants are required to meet the following activity-specific supervision: Aqua Park activity ('the Activity') A participating adult (18+ years old) must accompany 6 - 7 year olds. One adult is permitted to supervise up to 2 children aged 6 - 7 years old. An adult must be present to supervise up to 8 children between 8- 17 years old, a minimum of 1 adult must be present per group; they can participate or supervise from the bank. Participating and supervising adults must sign a General Form of Disclaimer stating that they have considered the risks and will supervise the children in their care and will remain on site. Boat hire and launch activity ('the Activity') A participating adult (18+ years old) must accompany 6 - 7 year olds by being on the same piece of equipment as them. One adult is permitted to supervise up to 2 children aged 6 - 7 years old. An adult must be present to supervise up to 8 children between 8- 17 years old, a minimum of 1 adult must be present per group; they can participate or supervise from the bank. Participating and supervising adults must sign a General Form of Disclaimer stating that they have considered the risks and will supervise the children in their care and will remain on site.

5. Clothing
1. It shall be the responsibility of all participants to ensure that they are dressed appropriately and take into consideration cultural differences and opinions of others on site.
2. It shall be the responsibility of all participants to ensure that they are dressed appropriately. Aztec Adventure Ltd advises participants to wear clothing suitable for the activities as shown in the issued kit list. The participants should be aware that clothing may become dirty or damaged.
3. For all activities that require participants to wear a harness, participants should ensure that their clothing covers any part of the body that the harness comes into contact with the skin, including shoulder straps, waist belts and leg loops. Please wear full length top with sleeves that cover your shoulders and mid-thigh or longer shorts or trousers.
4. For all activities that require participants to wear a buoyancy aid or lifejacket, participants should ensure that their clothing covers any part of the body that the buoyancy aid or lifejacket comes into contact with the skin, including shoulder straps. Please wear a appropriate top that covers your shoulders.
5. The following restrictions shall apply: a. Participants may not undertake the Activities unless wearing appropriate footwear as advised at the time of booking. b. Long hair must be tied back. c. Participants must not wear lose clothing. d. Participants must not wear any fancy dress whilst participating in the Activity.
6. Piercings must be removed or taped over for comfort.
7. Aztec Adventure Ltd will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Activities.
8. Wetsuits are included in the price for use on the Aqua Park (if stated on your confirmation). Swim wear must be worn under the wetsuit.

6. Moving bookings, cancellations and refunds
1. Online bookings - Up to 7 days prior to your activity date you can cancel an existing booking and receive a full refund. You can also amend your booking free of charge.
2. Online bookings - Up to 5 days prior to your activity date you can amend your booking free of charge.
3. Online bookings - Within 5 days of the booking date, if Aztec Adventure Ltd are operational, you will not be entitled to move your booking, or receive any refunds for cancellations.
4. Group bookings - If you wish to cancel all or any part of your booking, you should advise us immediately by telephone followed by confirmation in writing. More than 30 days 50% of the total cost of the Arrangements in question or the minimum number price for the booking whichever is the greater. Less than 30 days 100% of the total cost of the Arrangements in question. 5. Group bookings - If you wish to change your booking in any way, we will try to comply with your requests, but we cannot guarantee that changes can always be made. Where a change can be made, an amendment fee of £20 may be applicable to any changes you make to your booking once you have confirmed. 6. Should Aztec Adventure Ltd feel it's necessary to cancel your booking, it shall use reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause, but no other compensation shall be payable. 7. Should Aztec Adventure Ltd, for reasons beyond their control (including high winds, lightning storms and icy conditions*), feel it is necessary to close the activity once your party have already commenced participation, you will be offered alternative activities, times or dates to return within one year and rescheduled free of charge. In such circumstances, you will not be entitled to a refund, in part or whole. *In all other weather conditions, we operate as normal and standard conditions apply. 8. Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by cheque. Payments made by Gift Voucher will be refunded by the issuing of a replacement Gift Voucher to the same value. 9. Where multiple forms of payment are used, Aztec Adventure Ltd reserves the right to refund any monies due on a refund or amendment by credit or cheque. 10. Booking Terms when an Aztec Adventure Ltd Location is forced to close due to COVID-19 Should your booking not be able to proceed due to having to comply with a HM government COVID-19 directive, we will be happy, free of charge, to reschedule for a future date, or arrange a gift voucher for the full value of your booking, redeemable within 12 months, whichever is the longer. Whilst we hope you will support us by rescheduling, a refund will also be possible.

7. Force Majeure
1. Aztec Adventure Ltd will not be liable for any failure to perform any of our obligations under the Contract that is caused by any Event beyond our control. We also reserve the right to cancel/curtail your Course if we are prevented from providing the Course due to any Event beyond our control. If we have to cancel the Contract due to an Event beyond our Control, we will promptly notify you. For the purpose of this section 'Event beyond our control' means any event or circumstance beyond our reasonable control including, but not limited to, war, riots, government action, terrorism (or threat of terrorism), fire, explosion, flood, earthquake, epidemic and other natural disaster, extreme weather conditions, strike action or other industrial action by employees of third parties, and unavailability of key third party personnel, equipment or facilities necessary for the performance of the Activity.
2. If we cancel before the start date for the Activity, we will offer you a full refund of the monies paid by you or alternative course date. If we cancel during the Activity, we will give a pro rata refund. We will not pay any other compensation.
3. If an Event beyond our control takes place during the Activity that prevents our provision of the Activity, we will notify you as soon as reasonably possible and our obligations under the Contract will be suspended for as long as the Event which is beyond our control lasts. We will make a pro rata refund of the price if the period of suspension exceeds one half-day.

8. Price and Payment
1. Online bookings - Subject to any terms agreed in writing between Aztec Adventure Ltd and you, our charges shall be calculated at our current rates and payment in full shall be due at the time of booking. The charges include the cost of purchasing the Activities. Payment may be made by debit or credit card either online or by contacting the specific location.
2. Group bookings - A deposit of 25% of the total cost of the booking and arrangements must be received by us within 14 days of the date you receive your booking offer. The balance must be paid at least 30 days prior to the start of the Arrangements. If the booking is made within 30 days of the start date, payment in full is required at the time of booking, unless credit terms have been arranged.
3. Group bookings - Payments can be made using a valid credit or debit card, cheque, BACS transfer or cash. We do not impose a percentage charge for the use of a credit card. We will provide you with a pro forma invoice if requested to assist you in raising a payment. Once we have received payment then we will issue you with a full invoice.
4. Group bookings - If all monies are not received by us in full and on time, we shall treat your booking as cancelled by you and the cancellation charges set out in Clause 7 will be payable by you. Where we hold off cancelling (although we are not obliged to do so) because you have asked us for time to pay but you fail to do so you must pay the cancellation charges shown in Clause 7 depending on the date, we reasonably treat your booking as cancelled.
5. Group bookings - If your booking is under the value of £200 then full payment is required to secure your booking.

9. Insurance
1. Aztec Adventure Ltd strongly recommend that each Group Member or participant is insured for the Activity. It is your responsibility to ensure that your policy includes cover for cancellation, emergencies and the Activities in which each Group Member or participant will be participating.
2. Aztec Adventure Ltd hold Public Liability Insurance.

10. Liabilities
1. Except as otherwise provided in these Booking Terms and Conditions Aztec Adventure Ltd shall not be responsible for the loss, or damage, of or to any property or to any person arising from the booking of, or participation in, the Activities.
2. Parking facilities are available at the site, and any vehicles are left at the owners' risk and subject to any conditions and the payment of any fees as may be required by the provider of such facilities at the site location.
3. Except as otherwise provided in these Booking Terms and Conditions any liability of Aztec Adventure Ltd shall be limited to the refund of any charges paid to Aztec Adventure Ltd.
4. Personal injury: If you and any member of your party suffers illness, injury or death and it is proved this is due to negligence or omission of Aztec Adventure Ltd employees, agents or suppliers, you must tell Aztec Adventure Ltd or the supplier involved about your illness or injury whilst you are at Aztec Adventure Ltd site and write to Aztec Adventure Ltd within three months with details.
5. Aztec Adventure Ltd cannot accept responsibility for death, injury or illness caused during the Activities unless it is proved this is due to negligence or omission of Aztec Adventure Ltd employees, agents, suppliers or sub-contractors whilst carrying out the course of their duties on Aztec Adventure Ltd's behalf. Nothing contained herein is intended to or shall it limit Aztec Adventure Ltd's liability for death or personal injury arising from Aztec Adventure Ltd's negligence.
6. Aztec Adventure Ltd's liability for any claim (other than our legal liability for loss of or damage to your personal property, personal injury, illness and or death) will be limited to the cost of the Activities.
7. Aztec Adventure Ltd warrants that it has taken all reasonable and proper steps to ensure that the suppliers of the various services, which will be provided to you as part of the Activities, are safe and reputable businesses and that they comply with the local and national laws and regulations which apply to the service they provide.

11.Miscellaneous
1. If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.
2. Nothing above shall confer on any third party any benefit or the right to enforce any of these Booking Terms and Conditions.
3. These Booking Terms and Conditions shall be governed by and interpreted in accordance with the laws of the country in which the activity is located.

12.Products and Services
1. Making a Purchase - Browse our activities and add any items that you wish to buy into the basket. By submitting your order, you are offering to buy services and allowing us to use your personal details for the purpose of supplying those services. All online orders are confirmed by email. We will contact you by e-mail or telephone regarding any delivery delays or security issues.
2. Credit Card Security - All online purchases take place safely, using Internet security technology to protect our customers. All credit card information and personal data is encrypted to ensure your purchases with us are private and protected.
3. Payment - You can pay for your order by using the following: Visa, MasterCard, American Express, Delta/Connect or Maestro. All card payments are authorised at the point of ordering, which will require the cardholder's full details including name, address and telephone number. These must match the exact details registered with the card user.
4. Content - Although Aztec Adventure Ltd will do their best to ensure the accuracy of all information within our website, we shall not be liable for damages of any kind resulting from the use of this site.
5. Pricing - If a product is advertised at an incorrect price due to a typographical error or a supplier error, we reserve the right to refuse or cancel an order whether or not said order has been confirmed. In such a case we will make you aware of this and a full refund will be given, if required. All Activity prices are shown in pounds sterling and are inclusive of VAT at the current standard rate at the time of booking.

13.Customer Service
1. Please contact us if we can be of any assistance.
2. We are available by E-mail at customer.service@aztecadventure.co.uk

14.Complaints
1. If, for any reason, you are dissatisfied with the service you have received, please contact us. Email customer.service@aztecadventure.co.uk
2. Your complaint will be investigated following our Complaints Policy and Procedure, details of which may be obtained on request.
3. Details of all complaints will be reviewed so we can continue to improve our customer service.

15.Privacy Notice
Aztec Adventure Ltd Privacy Notice can be downloaded from our online booking system https://aztecadventure.cinolla.com/aztec/privacypolicy

16.Images
1. From time to time, we may carry out photography and/or video recording of participants as they participate in the Activities. You agree that we may use such images in promotional, advertising or publicity material in any format whatsoever including but not limited to display on our website.
2. You further agree that copyright rests with us or our authorised contractors. You will be responsible for bringing each participant's attention to this condition.
3. If you or any participant wish to opt out to audio or visual recordings and photographs being taken, we will give the opportunity to do so at the start of the Activity.
4. We will not sell the images but may share them with third parties, as may be needed in the production and dissemination of our marketing materials, such as designers, printers, advertisers, journalists, third party re-sellers.
5. We may also share them with other companies and organisations with whom we engage in joint promotional activities, such as suppliers of other leisure services or products. Images used on our social media channels may also be shared by our active followers.
6. It is possible that other third parties will take and use images on our website or other digital channels without our permission.

7.The Centre will seek written consent from the child and their parents/carers before taking photos or video at an event or training session or publishing such images. If the Centre publishes images of children, no identifying information other than names will be included

8.However, it is inevitable that people visiting the Evesham Leisure Centre will take pictures of their friends and family on the climbing wall and may accidently include somebody taking part in the activity close to their intended subject by accident.  Aztec staff will monitor the situation and if a person, who is not connected to the participants appears to be taking an unusual interest and taking pictures or videos of a particular group of children or an individual staff will politely ask them what they are taking picture of, and if necessary, explain to them the problems associated with taking pictures of young people. If any concerns remain about inappropriate or intrusive photography the situation should be reported to the Evesham Leisure Centre Duty Manager.

 


17.Gift Vouchers
1. General Conditions
a. Vouchers are valid for a year from purchase. The gift voucher expiration date can't be used after the expiry date.
b. Vouchers can't be refunded or exchanged for cash or other denominated vouchers.
c. Vouchers can't be sold to any third parties without our consent. If we do give our consent, then such consent may be subject to any conditions which we impose. In any event you may not sell the vouchers through the internet without our express written consent, which you must obtain before making any such sale. We reserve the right at all times to refuse to permit any sale of vouchers by you to a third party.

2. Cancellation and Refund Procedure
a. The purchaser of the voucher is entitled to a 14-day 'cooling off' period, within which a full refund can be made.
b. If you need to return a gift voucher, please email customer.service@aztecadventure.co.uk

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