It is important that you carefully read and understand the terms and conditions below before you engage in any activity at our premises since they impact your legal rights. The terms and conditions contain an exclusion of our liability, a waiver of your rights to take legal action against us and your assumption of risk in relation to the sporting and recreational activities offered by us.
We reserve the right to limit the availability of and/or change any of its activities.
- By purchasing a ticket from Aqua Fun you and all members of your party agree to be bound by the terms and conditions highlighted in this document.
- If you purchase a ticket on behalf of another person(s) you will be deemed to be the authorised agent of that person(s) and that person(s) will be bound to these terms and conditions.
- These Terms and Conditions apply to the booking of the Aqua Fun Experience (the ‘Activities”) and any ancillary products at the location set out in Aqua Fun’s booking confirmation.
- These Terms and Conditions contain valuable 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 Terms and Conditions.
- We are Aqua fun LLC trading as “Aqua Fun” a company registered at the Dubai Economic Department in Dubai, United Arab Emirates, No variation to these Terms and Conditions shall be binding unless agreed in writing by Aqua Fun.
- Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by Aqua Fun (including any electronic documentation) shall be subject to correction without any liability on the part of Aqua Fun. Aqua Fun reserves the right to make changes to the Activities whether to conform with any applicable safety or other statutory requirements or otherwise.
- No booking shall be deemed to have been accepted unless accepted in writing by Aqua Fun (which shall include Aqua Fun’s email confirmation of booking).
- Aqua Fun reserves the right to change its prices at any time however, will honour any bookings where full payment has already been made.
- You must advise Aqua Fun as soon as possible (latest time within 24 hours) of any mistake in the booking confirmation received by Aqua Fun. Aqua Fun shall use its reasonable endeavours to ensure that you and your party’s participation commence at the time booked and it shall be the responsibility of each participant to ensure that they arrive in sufficient time.
- Drugs, consumption of alcohol and smoking anywhere at the facility is strictly prohibited.
- The Activities comprise of challenging obstacles and participation is not without risk as an injury could be serious or even fatal. You agree that you understand and accept the risks involved and waive your right to take any legal action against Aqua Fun of any personal injury or fatality by signing the waiver form. In addition, you must read, understand and comply with all rules and conditions displayed throughout the arena prior to and during participation.
- Aqua Fun, its directors, employees and agents are not liable to the you, your dependants or legal representatives for any personal injury or death suffered by the you or any members of your party since the recreational activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of breach of contract, negligence, statute or statutory duty by Aqua Fun.
- Aqua Fun reserves the right to refuse admittance to the Activities or to remove a participant from the Activities should it deem it necessary to do so. This includes a participant who does not comply with the safety rules and advice and the safety system or who is deemed to be under the influence of alcohol or drugs. Participants will need to swim to the water park , the staff of aqua fun is not responsible of taking you to the park.
- Participants irrespective of age will not be directly supervised by court marshals.
- All participants must be reasonably fit and healthy and must weigh less than 120kg. Should any of the staff of Aqua Fun deem that you should not be allowed to enter or you should not continue participating the decision of Aqua Fun will be final.
- If you have any concerns we advise that you visit the arena at a time prior to your booking and speak to a member of the Aqua Fun’s staff. Anyone who does not meet these requirements will not be allowed to undertake the Activities. It is your responsibility to ensure that all members of your party meet these requirements.
- The Activities are physically demanding and require a degree of agility, strength and stamina. Participants are advised to keep within their ability – only the individual knows or understands their own limits and competencies. If you are unsure of whether you can complete a manoeuvre or activity, you should not attempt it. If participants have medical concerns they are advised to consult their doctor in advance. Participants will be required to certify that they do not suffer from any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. Due to the physical nature of the Activities Aqua Fun does not permit pregnant to participate in its activities for safety reasons.
- You understand that the activities provided by Aqua Fun require a reasonable level of fitness and ability. You warrant that you (or any members of your party or anyone you have paid for) do not have (or had) any medical condition including pregnancy, epilepsy and breathing or heart related issues or anyone wearing a cast that makes it dangerous for you to partake in such activities.
- Participants need to be able to see similar distances to those required to drive a car in order to be able to complete the activity and to supervise any under participants under the age of 12 in their care. Consequently, short or long-sighted participants must ensure that they wear contact lenses or prescribed glasses.
- All participants are required to act responsibly and courteously at all times and to respect other participants. Aqua Fun shall be entitled to prevent any person from undertaking or completing the Activities in the event it deems the behaviour of any participant unsuitable.
- All participants aged 12 and under must be accompanied in our arenas by an adult over the age of 18 years for the duration of their visit. The adult does not have to take part in activities but must be present in the area.
- It shall be the responsibility of all participants to ensure that they are dressed respectfully and appropriately at all times and Aqua Fun advises participants to wear clothing appropriate for the activity and which they do not mind getting damaged.
- Long hair must be tied back
- Veiled ladies must use hair clip which are not sharp. Use of pin or safety pins is prohibited for safety reasons.
- No belts, jewellery or other sharp items of clothing that may cause damage to yourself, the equipment or other participants.
- Aqua Fun will not be responsible for any damage to or loss of clothing or other personal items resulting from participation in the Activities.
CANCELLATIONS, REFUNDS AND AMENDMENTS
- No refunds are allowed unless for exceptional circumstances which will be discussed with the managers and directors.
- Aqua Fun shall be entitled to cancel your booking at any time. If Aqua Fun decides to cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. You may be entitled to a full refund in the event of cancellation under this clause, but no other compensation shall be payable.
- Any evidence of tampering with the booking, tickets or wristbands will result in automatic cancellation of the booking. Tickets and wristbands remain the property of Aqua Fun at all times and are non-transferable and may not be resold.
- If it proves necessary to close the Activities for reasons beyond the control of Aqua Fun and in circumstances where your party has commenced participation in the Activities, you shall not be entitled to any refund (in part or in whole). In such circumstances Aqua Fun may, but shall not be obliged to, offer alternative dates or times at reduced rates.
- Payments made by debit or credit card will be refunded to the same card Where multiple forms of payment are used, Aqua Fun reserves the right to refund any monies due on a refund or amendment by credit or cheque.
PRICE AND PAYMENT
- Subject to any terms agreed in writing between Aqua Fun 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 on line or in person or cash.
- Aqua Fun accepts visa and Mastercard but does not accept American Express.
- Except as otherwise provided in these Terms and Conditions Aqua Fun 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.
- You agree to pay the cost of and permit Aqua Fun to do take any action it considers reasonably necessary to protect your welfare or the welfare of any person in your party in the event of personal injury, including the requirement of any emergency medical treatment and ambulance transportation.
- Except as otherwise provided in these Terms and Conditions any liability of Aqua Fun shall be limited to the refund of any charges paid to Aqua Fun.
- Nothing contained in these Terms and Conditions is intended to nor shall limit the liability of Aqua Fun in respect of death or personal injury caused by the negligence of Aqua Fun or of its employees, agents or contractors.
- You agree to any or all images and video recordings being taken at the facility for security or promotional purposes. This may include imagery of yourself and any other member of your group including minors. You understand and explicitly agree that photographs or video footage may appear on social media platforms including but not limited to Facebook, YouTube, Instagram, Twitter and/or Snapchat. You consent on behalf of yourself and any members of your party including but not limited to dependents and minors in your care to the use of all such footage in the manner described above and agree that the purpose for using such photos and/or video footage is for advertising, marketing and promotional purposes only and is not intended to insult, defame or slander any person.
- Aqua Fun reserves the right to suspend or cancel your participation in any of its activities in its absolute discretion for reckless or careless conduct or for non-compliance with these conditions.
- Any intentional or wilful damage to the facilities, fixtures or fittings is strictly prohibited and the cost of repairs due to damage caused by you or any member of your group will be charged to the person who was responsible for the booking.
- 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.
- Nothing above shall confer on any third party any benefit or the right to enforce any of these Terms and Conditions.
- These Booking Terms and Conditions shall be governed by and interpreted in accordance with the laws of the United Arab Emirates and you submit to the exclusive jurisdiction of the courts of Dubai.