Terms and Conditions of Booking and Entry for The Wave

Terms and Conditions of booking and Entry to the wave

Last updated: May 2024

1 .General

1. a. These Terms and Conditions apply to the booking of all surf and bodyboarding sessions and all other activities (the “Activities”) at The Wave, all services provided by The Wave (e.g. board repair) and the use of The Wave site and facilities.
2. b. Some Activities that we offer may be subject to additional or varied terms and conditions. For up-to-date information on all Activities available, and any additional terms and conditions that may apply, please refer to our website or contact the Customer Contact Centre.
3. c. Please read these Terms and Conditions carefully as these form the basis of your contract with Surf Bristol Limited (“The Wave”, “we”, “our”, “us”) and contain important information concerning your visit to The Wave. By entering The Wave site, or booking an Activity or service with The Wave, you agree to accept and be bound by these Terms and Conditions.
4. d. If a booking is made on behalf of other people, the person who makes the booking (“You”, “Your”) will be responsible for ensuring that each person in your group is aware of and complies with these Terms and Conditions.
5. e. These Terms and Conditions incorporate The Wave’s Privacy Policy and Acknowledgment of Risk and Waiver (see Acknowledgement of Risk and Waiver, Section 6).
6. f. No variation to these Terms and Conditions shall be binding unless agreed by us in writing.
7. g. The Wave reserves the right to make changes to Activities or services at any time to comply with any safety regulations or statutory requirements without any liability on the part of The Wave.
8. h. The Wave venue is private property. Only persons authorised by us are permitted to sell or offer for sale any items to customers within The Wave grounds, including but not limited to, food and beverages, photography, videography and surf or bodyboarding coaching.

2. Your Booking

a. Before you book: You acknowledge that the Activities are physically challenging and participation is not without risk. You are responsible for ensuring that you and members of your party are physically fit enough to take part in any booked Activity. If you are in any doubt about your physical fitness, or that of anyone in your party, we recommend that you seek prior independent medical advice and contact our Customer Services Team to discuss your specific requirements.

b. Which session to book: The Wave can produce a variety of waves of different speeds, shapes and sizes, which allows us to provide a safe environment for all abilities. Surf and bodyboard sessions are graded by ability. We strongly recommend that you refer to the guidance on our website here before you book to ensure that you select the most appropriate session for you and any other person in your party. If during your lesson, we consider that you are in the wrong session for your ability, we will try and move you to an alternative session. If no appropriate alternative session is available, you may be asked to leave the session without refund or compensation.

c. Parental Consent: If anyone in your party will be under the age of 18 on the booked Activity date, they must have parental consent (or consent from a legal guardian or responsible adult authorised by the parent or legal guardian) to take part in the Activity. If the Activity requires the customer to complete an Acknowledgement of Risk and Waiver, a parent, guardian, or authorised adult will be required to complete it on behalf of all customers under the age of 18.

d. Making a booking: To make a booking for any Activity or to purchase a standard admission ticket, you can either create an online Wave User Account or log in as a guest here. You can also make a booking directly by telephoning our Customer Services Team.

e. Confirmation of booking: Once you have placed a booking with us, we will send confirmation of your booking to the email address you have provided. Our acceptance of your booking will take place when we send out the confirmation email, at which point a contract will come into place between you and us. Your confirmation email will contain your tickets and other important information about your booking, such as check-in and arrival times.

f. Booking details: Please carefully check the details in the confirmation email and contact the Customer Services Team if any of the details are incorrect. Any error or omission in any booking confirmation shall be subject to correction without any liability on the part of The Wave.

g. Tickets: Your tickets are valid only for the sessions listed in the confirmation email. You are strictly prohibited from swapping, re-selling or transferring your session tickets without our prior written consent. Any breach of this condition will make the associated booking void. Duplicate tickets will not be issued for lost or stolen tickets, except at our discretion.

h. Timings: We will email you in advance of your booked Activity with important arrival and check-in times. There is no extra time for participants who arrive late or have not completed the Acknowledgment of Risk and Waiver in advance, so we strongly advise you to allow plenty of time for your journey to us. If you do not arrive at the times specified in the email you will not be permitted to participate in your booked Activity and you will not receive any refund (in whole or in part) or any other compensation for your missed Activity.

3. Cancellations and Refunds

This paragraph sets out the cancellation and refund policy for booked Activities at The Wave. For information on the cancellation and refund policy for Board Repair Services please refer to Section 9.

a. If you need to change or cancel your booking:

i. If you need to change or cancel your booking, please either log in to your account with The Wave or contact the Customer Contact Centre at least 7 days prior to your booked Activity date.

ii. Up to 7 days prior to your booked Activity you may cancel your booking and receive a gift voucher for the full value of your booking. Please note that in these circumstances we operate a no cash refund policy. Alternatively, you may wish to move your booking to an alternative date using the process described in 3(a)(iii) below.

iii. All requests to move bookings are subject to availability. Up to 7 days prior to your booked Activity you may log in to your account and move your booking to an alternative date, for an Activity that is the same value or less as your original booking. If you want to move your booking to a more expensive Activity, you will need to contact the Customer Contact Centre and pay the difference in price. Please note that if you move your booking to a cheaper Activity, you will not receive a refund for the different in price.

iv. Within 7 days of the booked Activity, if The Wave is operational, you will not be entitled to move your booking or receive any refund, gift voucher or credit for any cancellation.

b. If we need to change or cancel your booking:

i. We reserve the right to cancel or change your booking due to (i) safety considerations; (ii) factors beyond our control; or (iii) mechanical fault. If we need to cancel your booking we shall use reasonable endeavours to notify you as soon as possible. If your booking is cancelled by us, we hope that you will support The Wave by accepting a gift voucher or rescheduling your booking, but please contact the Customer Contact Centre if you wish to discuss a refund instead.

ii. If we feel it is necessary to cancel your booked Activity once you have already commenced participation, you will be entitled to a partial refund at our discretion.

iii. Payments made to debit or credit cards will be refunded to the same card. Payments made by gift voucher will be refunded by issuing a replacement gift voucher to the same value.

 

4. Health and Safety

a. Safety Rules. Your safety and enjoyment whilst participating in Activities at The Wave is paramount to us. To make participation in Activities at The Wave as safe as possible for yourself and others, you must familiarise yourself and comply with the following:

i. Children under the age of 6 years old are not permitted to participate in our standard surfing or bodyboarding sessions. From time-to-time, we may run Activities specifically aimed at our younger customers or Activities with different minimum age requirements. For the most up-to-date Activities available and the associated minimum age requirements please check the website or contact the Customer Contact Centre.

ii. Under no circumstances should you be under the influence of any alcohol or recreational drugs when participating in any Activity.

iii. All participants taking part in Activities must arrive at the times confirmed to you via email to attend a safety briefing. Anyone who does not attend the safety briefing will not be allowed to participate.

iv. All participants must be able to swim at least 25 metres unaided to take part in our standard surf or bodyboard sessions. Please check the website for any additional requirements for participation in specific Activities.

v. Only permitted craft (e.g. surfboards and bodyboards) are allowed on the lake. Please refer to our guidance here for further information.

vi. We strongly recommend that you do not wear glasses or sunglasses of any kind in the lake. Our recommendation is to wear prescription goggles. If you choose to wear contact lenses, we recommend that you wear tight fitting goggles over the top. If you choose to wear glasses, you do so at your own risk; we cannot guarantee that we can recover them for you if they are lost.

vii. All participants must follow all safety warnings or instructions displayed or given by a member of staff while in the lake or on site. Please ask a member of staff if you are unclear about any instruction.

viii. You must act responsibly and sensibly at all times in the lake and on site.

ix. You must not behave in a manner which is reckless or in any way puts yourself or others in unnecessary danger.

5. Accessibility

We are an inclusive destination and take pride in making our site and all Activities accessible to as many people as possible. Although Activities at The Wave are designed to be accessible to most people, some people may require additional equipment or adjustments to participate safely. If you think that any member of your party may need additional support, please contact the Customer Services Team in advance of making your booking so that we can discuss your specific requirements.

6. Acknowledgement of Risk and Waiver

a. Certain Activities, such as surfing and bodyboarding, require you and each member of your party to sign an Acknowledgment of Risk and Waiver before taking part. To make the check-in process as smooth as possible we strongly recommend that you complete the Acknowledgment of Risk and Waiver before you arrive on site.

b. A link to the Acknowledgment of Risk and Waiver will be sent to you via email in advance of your booked Activity. You are responsible for ensuring that the Acknowledgment of Risk and Waiver is completed by all the persons listed in your booking.

c. For participants who will be under 18 years old on the day of the booked Activity, a parent or legal guardian, or a person over the age of 18 years old who is authorised by their parent or legal guardian, must complete the Acknowledgment of Risk and Waiver on their behalf.

7. Children and Young People.

a. The minimum age for participating in surfing and bodyboarding sessions is 6 years old.

b. All children under the age of 16 years old must be accompanied on site by an authorised adult over the age of 18, even if the children are not taking part in Activities.

Unaccompanied children under the age of 16 will be refused entry to site, without refund or compensation.

c. The authorised adult shall remain responsible for all children in their care whilst on site and shall ensure that each child is aware of and complies with these Booking Terms and

Conditions. It is important that parents and supervising adults always know the whereabouts of the children in their care. All children under the age of 12 must be accompanied by an adult aged 18 years or above in all licensed areas, when close to the lake (including the pier) and when using any facilities

d. We encourage adults to participate in surf sessions with their children. If you are not participating in the water, please ensure that you remain close to the lake throughout the session to provide support and assistance to the children in your care.

Adults who are accompanying children or young people in an Activity must purchase a ticket to participate in the relevant surf session. Adults who are accompanying children or young people on site and not surfing must purchase a standard admission ticket.

8. Equipment

a. Equipment provided for surfing and bodyboarding. We will provide you with a full-length wetsuit and either a soft surfboard or a bodyboard. Performance hard boards are available to hire on site for more advanced surfers, subject to availability. Helmets, gloves, boots and hoods are available for all surfers/bodyboarders at no additional charge and we encourage all surfers/bodyboarders to consider wearing a helmet. For safety reasons helmets are compulsory for:

all participants under the age of 18, taking part in a surf or bodyboard session in any part of the lake; and

all participants, of any age, taking part in a surf or bodyboard session in the Beginner Bay.

1. b. Please check our website or contact The Customer Contact Centre for up-to-date safety information, including equipment requirements. Whilst we take all reasonable measures to ensure the equipment provided is safe and in good condition, you are responsible for reporting any damage caused to the equipment when in your possession. Participants may choose to wear their own wetsuits and use their own surfboards.
2. c. Clothing. All participants should bring swimwear and a towel. Swimwear and towels will be available for purchase at The Wave, although we cannot guarantee availability. The Wave will provide you with the correct rash vest for your level of surfing, which must always be worn over your wetsuit when in the lake. All piercings should be removed or taped over for comfort and safety, all jewellery and hearing aids removed.
3. d. Equipment for non-surfing Activities. If you take part in any non-surfing Activities at The Wave, details of the equipment provided, and your clothing requirements, will be emailed to you in advance.

1. e. Damage to equipment. Any wilful damage to or loss of our equipment, or damage caused by your negligence or carelessness, must be paid for by you on demand at the current replacement value of the equipment.
2. f. Theft. If you, or any member of your party, is found to have wilfully removed any of The Wave property (including wetsuits, rash vests, bodyboards or surfboards) from the site, you will all be asked to leave the site immediately and we reserve the right to refuse any future bookings from you or any member of your party.

• g. Lockers. Lockers are available at The Wave subject to availability.

1. 9. The Wave Board Repair Services

a. The Wave will provide Board Repair Services at fixed dates and times during the year. For up-to-date information about upcoming sessions, please check our website.

b. You can book into one of our sessions via your online Wave User Account or by contacting our Customer Contact Centre. To confirm your chosen time slot, you will be asked to pay a non-refundable deposit. b. Once you have placed your booking, we will send confirmation to the email address you have provided. Our acceptance of your booking will take place when we send out the confirmation email, at which point a contract will come into place between you and us.

c. You will be allocated a 15-minute slot for your appointment. If you do not arrive in time for your appointment, your booking will be forfeited. You will not receive any refund (in whole or in part) or any other compensation if you do not arrive in time for your appointment and The Wave is under no obligation to move your booking to another date and/or time.

d. The Wave staff will carry out an assessment of your board and will provide you with a fee quote and estimated timescale for the repair. The estimated timescale that we provide is an estimate only. We will use all reasonable endeavours to keep to such timescales however we will not be liable to you for any delays. The timescale for the repair will vary depending on the level of repair required. Multiple repairs on a single board will be priced separately.

e. The turnaround time for waterlogged boards will be longer than dry boards. If your board is waterlogged, The Wave can dry it out for you on-site, but please be aware that this may extend the timescale for the repair.

f. If you want to proceed with the repair, you will be asked to accept the quote by signing the Service and Repair form. Any deposit you have paid in advance will be deducted from the total repair cost.

If The Wave provides you with a quote for the work, but you don’t want to proceed with the repair, your deposit will not be refunded to you. In the unlikely event that The Wave is unable to repair your board and does not provide you with a quote, your deposit will be refunded to you in full.

g. The Wave will carry out the work to your board as set out in the Service and Repair form. We will not undertake any additional work or replace any parts without your consent. If in the course of carrying out the repair we discover additional areas of damage to the board that you had not informed us of and/or were not visible during our initial assessment, we will contact you to obtain approval for carrying out the work and any additional costs.

h. We will notify you when your board is ready for collection. Payment in full is required prior to the return of your board. The Wave reserves the right to retain your board until you have paid in full.

j.You must collect your board within 7 days of The Wave notifying you that it is available. If you fail to do so we will provide you with written notice (which includes email) notifying you that you have 21 days to collect your board, failing which we may sell the board.

k. Any personal items left with the board (e.g. leash, fins, board bag) are left at your own risk and The Wave accepts no liability for any loss or damage to these items. We recommend you remove any such items prior to leaving your board with us.

l. We will provide the repair services with all reasonable care and skill, but we make no guarantee that the workmanship will meet your exact requirements. You acknowledge that although we make all reasonable efforts to reproduce the original look and feel of your board, we do not provide any guarantees regarding the finish to your board. Colour matching may be available for an additional charge. If you purchase our colour matching service, we will use reasonable efforts to match the colour correctly, but we cannot guarantee an exact match.

m. Subject to Section 9(n), all replacement parts provided will be guaranteed for a period of 12 months, and all labour and workmanship is guaranteed for a period of 6 months, commencing from the date we notify you that your board is available for collection.

n. On inspection, if we evaluate that subsequent damage to your board is covered by the guarantees in Section 9(m), it will be repaired by us at no additional cost, or (at our sole discretion) the full cost of the initial repair will be refunded to you. The guarantees in Section 9(m) do not apply to subsequent damage that we deem to have been caused by or arisen from:

i.Fair wear and tear;

ii.Your maintenance of the board; or

iii. Wilful damage, abnormal storage or improper use, accident or negligence by you.

o. We accept no responsibility for the loss of, theft or damage to your board while in our possession, except where caused by our negligence, where we shall have no liability to you other than to repair or replace any board that is lost, stolen or damaged due to our negligence.

10. Your visit to The Wave

a. Acceptable conduct. As an inclusive destination, we want to create a safe, family-friendly environment where everyone can enjoy surfing. To achieve this, we reserve the right to refuse participation in any Activity or to ask any person to leave the lake or the site, without refund or compensation, in the following circumstances:

i. Failure to comply with any of these Booking Terms and Conditions.

ii. Excessive noise or disruptive behaviour in the lake or the venue.

iii. If your actions or behaviour put other participants in danger, harms the environment or otherwise causes a potential risk to health and safety.

iv. If we consider you to be verbally or physically abusive to staff or customers.

v. If we believe that you are under the influence of alcohol or drugs. Under no circumstances should you be under the influence of any alcohol, drugs or medication which may affect your physical ability when participating in any Activity.

If any of the points above apply to you or any member of your party, we reserve the right to refuse any future bookings from you or any member of your party.

b. Food. Food and drink will be available to purchase on site. If you have any food allergies or intolerances, you must inform us at the time of order.

c. Alcohol. Alcohol may be purchased from the cafe-bar during licensed opening hours. The sensible consumption of alcohol is permitted at The Wave, but please remember that we are an inclusive, family-friendly venue. The excessive consumption of alcohol will not be tolerated.

d. Parking and use of vehicles. Vehicles parked on site are left at the vehicle owners’ own risk. The Wave will not be responsible for any damage howsoever caused to any vehicle using the car park. We cannot guarantee the security of vehicles in the car park or any contents in the vehicle. Parking of any vehicles overnight (including motor homes, camper vans, caravans or any other vehicle of a similar nature) is not permitted in the car park.

e. Medical assistance. We have first aid facilities on site. Please ask a member of staff if you require any first aid.

f. Smoking. Smoking (including e-cigarettes) is only permitted in clearly identified designated smoking areas. Please ask a member of staff if you are unsure.

g. Pets. Pets are not permitted on site, other than guide dogs and assistance dogs. We reserve the right to ask any customer who brings their pet onto site to leave the site immediately without compensation or refund. No pet should be left in a car at The Wave if the animal’s health or welfare is put at risk. We reserve the right to inform the relevant authorities if we suspect that any animal is put in danger.

11. The Camp at The Wave

a. Overnight accommodation is available at The Camp at The Wave (“The Camp”). Additional charges and different booking terms and conditions apply to overnight stays at The Camp. More information is available on The Camp website (www.stay.thewave.com).

b. Only customers with a valid booking at The Camp are permitted within The Camp area. If you wish to have a tour of The Camp, please contact a member of The Wave staff to discuss

12. Prices and Payment

a. Our prices. The prices stated on our website are valid at the time of booking. We reserve the right to increase or decrease our prices from time to time, so please refer to the website for the most up-to-date price list. Payment will be made in full at the time of booking.

b. Group Bookings. Group Bookings, including corporate events, may be subject to additional terms and conditions, which shall be agreed in writing.
c. Payment methods. We accept payment by all major credit and debit cards. We also accept payment by The Wave gift vouchers and affiliated third party providers, and cash (on-site for walk-in bookings).

d. Child prices. Child prices apply to persons who will be under 16 years old on the date of the booked Activity. Adult prices apply to persons aged 16 years and above.

13. Visitor Access

a. Visitor Access. We also offer visitor access for those who are not participating in Activities during public opening hours, which are stated on our website. We reserve the right to refuse access for health and safety/capacity reasons on extremely busy days, however this should be very rare.

14. Photography and videography

a. Photography and filming by you. You are permitted, as a non-professional photographer, using basic non-professional equipment such as a camera phone or camera without a telephoto lens, to take photographs and/or video recordings in public areas of the venue for personal use only. Such personal use includes posting to your personal, non-professional, non-monetised social media accounts on Facebook and Instagram. Making any such photos/videos publicly available/viewable in any other way is prohibited without prior written approval from The Wave (see “Commercial Photography” below). You acknowledge that The Wave may request access to photographs taken by you at the venue and ask that certain photographs are deleted if they are deemed to invade the privacy of other visitors and/or staff, or include images of areas that are prohibited to the general public. We will not be responsible for any loss or damage to your photography equipment whilst at The Wave. You are not permitted to fly any drone aircraft within the grounds of The Wave. Under no circumstances will any photography or video be allowed in the changing facilities, toilets and shower areas.

b. Go-Pro Cameras. You are permitted use Go-Pro cameras attached to your own surfboard in the reef section of the lake. For your safety and the safety of others, only board-mounted Go-Pro cameras are permitted. Go-Pro cameras are not permitted in the bay sections of the lake or during any surfing lesson. You are not permitted to attach Go-Pro cameras to any equipment owned by The Wave.

c. Photography and filming available for purchase by you. We may take photographs or recordings of surfing sessions that are available for purchase by you, although we cannot guarantee the availability of photographs or recordings for any specific surfing session. If photographs or recordings are available, prices and the process for purchasing such photos or recordings shall be provided on site or emailed to you.

d. Commercial Photography. You are prohibited from publishing, otherwise making available, or using any photos or video footage (whether taken/produced by you or purchased by you) for any commercial purpose without prior consent of The Wave. Commercial purposes include posting to any non-personal social media account or otherwise posting to any social media account or other platform (online or otherwise) where any profit is generated or there is any brand association. If you wish to make such use of any photo or video taken at The Wave, please contact the Customer Services Team describing the use you wish to make of any such image or video footage. Licenses / approvals for such use will be subject to an appropriate license fee and will be granted strictly at the discretion of The Wave.

e. Photography and filming by us. We may take photographs, live stream footage or recordings of surfing sessions and of the venue, where you may be captured. You agree to the publication of such photographs, videos, recordings, and/or likenesses of you (whether edited, adapted, modified or copied) and their use by us and those authorised by us, without prior notice or compensation, in any way which we may see fit including but not limited to film, broadcast, radio, TV, social media and any other media platforms, publications, future events and publicity. You acknowledge that we have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of you. Copyright in these materials belongs to The Wave. If you do not wish to be featured in images, live stream footage or recordings made by The Wave for promotional purposes, please contact the Customer Contact Centre in advance of your booking to discuss your participation.

15. Liability and other Important Information

a. We do not exclude or limit liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our staff, agents or subcontractors and for fraud or fraudulent misrepresentation.

b. Loss or injury. We accept no responsibility for any loss or injury resulting from any persons’ involvement in any Activity at The Wave, except where caused by the negligence of The Wave or our staff, agents or subcontractors.

c. Loss or damage to your property. We accept no responsibility for the loss of, theft or damage to any property or equipment (including, but not limited to, surfboards, bodyboards or Go-Pro cameras) owned by or under the control of you which you bring to our venue. You are solely and personally responsible for the safety of your belongings.

d. Indirect or consequential loss. We will not be liable to you for any indirect or consequential loss or damage. This includes, but is not limited to, consequential losses such as travelling or out-of-pocket expenses incurred due to a booking cancelled by you, or us.

e. Damage to our equipment. You will be responsible for the costs of any repairs or replacements of equipment provided by The Wave where caused by yourself due to improper use.

f. Damage to our property. You will be responsible for any damage you cause to the venue or any part of it due to negligence, carelessness or wilful conduct. Any such costs will be payable by you on demand and will be charged to the card used for original payment.

16. Insurance

a. Insurance. If you are traveling from abroad, we recommend that you have in place valid travel insurance to cover cancellation before the date of departure.

b. Public liability insurance. The Wave maintains public liability insurance for public safety within the venue. This does not cover responsibility for any loss or damage to your personal belongings.

17. Changes to these Terms and Conditions

We reserve the right to make amendments to these terms and conditions from time to time at our sole discretion. A copy of the latest version of our terms and conditions (as amended, if appropriate) will always be available on our website. We shall notify you of such changes by email if they materially affect your rights as a consumer.

18. General

a. Governing law. These terms and conditions are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

b. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

c. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, save for those persons that you make a booking for Activities on behalf of.