OUR TERMS & CONDITIONS

AberAdventures LTD. General Terms and Conditions.

Definitions.

'AberAdventures', this includes directors, staff or agents. 'Clients' any paying or non paying individual or group of people taking part in any of AberAdventures activities.

‘Claim’ means and includes any action, suit, proceeding, claim, demand, cost or expense however arising including but not limited to negligence.

‘Hired Products’ means the surfing or other aquatic recreational equipment hired by me from the surf school.

‘Activity’ applicable to services offered by AberAdventures. This includes, surfing, stand up paddle boarding and kayaking, or either hire or through lessons.

'Group lesson' this refers to a group greater than 2 full paying clients.

1. Lesson and activity Booking. Places are not confirmed on any activity until they are payed for in full. We can reserve places until you are ready to make payment, but priority will always be given to those paying. We will try get in touch if an activity looks as though it will book out quickly and give you first refusal. We do operate on a ‘first come, first serve’ basis. Full payment is generally required 7 days before the activity commences. Individuals are welcome to book into group lessons. We do need a minimum of 2 to run a lesson. We reserve the right to re-shedule lessons in the absence of other bookings.

2. Last minute bookings. As stated above full payment is required to guarantee places on an activity. We can accept cash payments in person, prior to an activity and for last minute bookings on the day. Places are not guaranteed until they have been paid for in full. We prefer online booking which can also be arranged on the day, using any credit/debit card.

3. ONLINE booking. Group lessons are classed as 2 or more people. Pre-booking your activity as far in advance as possible, is recommended, to ensure we have availability. Activities do book out quickly, especially during school holidays and peak times. We do need a minimum of 2 people to run a group lesson. Individuals are welcome to book into group lessons. AberAdventures reserves the right to re-schedule individuals into other lesson bookings, to meet the required 2 attendees if required. Individuals are also welcome to upgrade to a private lesson, at the current private lesson rate.

4. Cancellations, re-schedules and refunds from customers. We require 14 days notice prior to an activity for cancellations to receive a refund -3% bank charges. Any cancellations within 7 to 14 days will be offered either a chance to re-schedule or gift vouchers to the value of the activity. These are valid for one year from the activity date. Cancellations within 7 days will not be eligble for refunds, gift vouchers or re-schedules.

5. Late arrivals. We will do our best to ensure you can join your activity, but this sometimes may not be possible. Customers are asked to arrive 15 minutes before the scheduled lesson start time, Any customer arriving after this time, may have to be excluded from the activity. Instructors will not be able to wait for late arrivals as this will hold up the rest of the group and possibly clash with later bookings. Unfortunately we cannot offer, re-schedules, gift vouchers or refunds. Those late for hire activities may still be able to hire if staff are not already engaged in coaching activities, but we cannot extend the hire period to account for late arrivals. During holiday periods, the area can get exceptionally busy, increasing travelling times dramitically.

6. Cancellations or re-schedules from AberAdventures. Because our activities are weather dependant, we do from time to time, need to cancel and re-schedule, due to adverse weather conditions. It is vital that you contact us the day prior to your activity for up to date forecast, check it will be suitable for the activity, and get the exact meeting location. If we are unable to run an activity we will offer one of the following: • An alternative activity. (Subject to conditions and availability at the time). •  A re-schedule of your chosen activity. Due to the high number of bookings and enquiries we receive, please ensure you get in touch with AberAdventures to re-arrange your activity (subject to conditions and availability) • A credit voucher, to the value of the activit, valid for 12 months. • If non of the above are not possible, we can arrange a refund minus 25% to cover staff retainers, booking system charges, bank charges and administration.

7. Prices. The prices were correct at the time of publication. We reserve the right to amend prices. We will convey any changes at the time of booking.

8. Activity Enrolment. All waivers and enrolment forms are now electronic must be completed at the time of booking. Waivers and enrolment questionnaires must be completed prior to a custmer joining an activity. Failure to do so, may result in a lengthy delay and shortened lesson time,while they are completed.

9. Fitness to participate and minimum requirements. For beginner or improver surf lessons, we require all those participating to be a minimum of 7 years of age and able to a swim confidently. We can often accomodate weaker swimmers or younger than 7, but these clients will be confined to water no depper than their shin and must have adult supervison in the water at all times. Each group is assessed on an individual basis, with senior instructor having final confirmation of fitness to participate. For more advanced surf lessons, we require clients to be confident swimmers, able to paddle out in waist high surf and minimum age 7. All those hiring are required to be aged 18 years or have supervision at all times from someone above this age. SUP lesson minimum age 11, able to carry equipment and confident swimming. For surf, SUP and kayak equipment hire all hirers must be able to swim confidently. Those hiring surf equipment must understand what a rip current is and what action to take if ever caught in one. No one under the influence of drugs or alcohol is permitted to partake in any activity. No refunds will be issued, if the professional judgement of on site staff, deem a person unfit to participate. Enrolment forms must state any medical conditions, medication or allergies that may affect the safety of the participant or that of others while carrying out an activity. Those requiring medication are required to have medication available for the activity duration.

10. Appropriate behaviour. Our activities do carry an element of risk. To minimise this risk our instructors are fully qualified with an intricate knowledge of the activities they teach. Clients must obey instructions issued, with regards to the safety of themselves and others partaking. Clients repeatedly disregarding safety instructions may be asked to leave the activity, for their own safety and that of others participating. Given this very rare occuarnace. Offending clients with forfit the right to re-scheduling or refund for the lesson activity, in accordance with our refund policy.

11. Saturday club. Minimum age 7 and able to swim confidently. Maximum age 17. Pre-booking is required and pre-payment for a minimum of 4 lessons, no later than 48 hours before the first lesson commences. Pre-payment is deemed as being complete, when AberAdventures staff have been able to confirm safe receipt of payment by cash, BACS or through Eola, our booking system provider. Individuals are welcome, but we do need a minimum of 4 people per lesson, to make the lesson viable. AberAdventures reserves the right to postpone lessons with less than 4 people enroled. The Saturday club will run year round, although there maybe some Saturdays unavailable, due to other bookings, staff holidays, bad weather, (no surf/dangerous conditions) or other unforseen events. No regunds are offered for missed lessons by clients. For customer cancellation policy, please see 'Cancellations and re-scheduled from customers section" above.

Hire of equipment. Terms & conditions.

Definitions. AberAdventures, this includes directors, staff or agents.

‘Claim’ means and includes any action, suit, proceeding, claim, demand, cost or expense however arising including but not limited to negligence.

‘Hired Products’ means the surfing or other aquatic recreational equipment hired by me from the surf school.

‘Activity’ applicable to services offered by AberAdventures. This includes, surfing, stand up paddle boarding and kayaking.

All hire is to be returned to AberAdventures, on or before the specified time as highlighted in the booking. Warnings. Our activities and the use of the ‘hired products’, (even in accordance with it’s intended use) can be inherently dangerous.

• I acknowledge that these implied terms as well as other terms and rights implied into consumer contracts by statute and any liability of the Surf School flowing from them, are expressly excluded to the extent possible by law, by this agreement.

• To the extent of any liability arising, the liability of the Surf School will be limited to the resupply of the hiring services or payment of the cost of having the hiring services supplied again. The Surf School’s liability does not extend to consequential loss. Security. As required by the Surf School, I will provide AberAdventures (upon request) with a driving licence, passport or credit card which will be held by AberAdventures for the duration of my hire of the Hired Product and, subject to clause 7 below, returned / refunded to me upon return of the Hired Product. Use of hired product. Use of the Hired Product by me is beyond the control of the Surf School.

• I acknowledge that I am exposed to certain risks in using the Hired Product including but not limited to physical hazards, unpredictable and sometimes dangerous surf and weather conditions and actions of other persons.

• I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or the Hired Product being lost or damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in using the Hired Product. Use of Hired Product: Use of the Hired Product by me is beyond the control of AberAdventures.

• I acknowledge and agree that any advice, recommendation, information or services provided by AberAdventures regarding the Hired Product and its use shall not be construed as contractual conditions or warranties.

• I agree that AberAdventures shall not be liable to me for loss or damage sustained by me as a consequence of any incorrect advice recommendation, information or services provided by AberAdventures regarding the Hired Product or the methods or conditions of use of the Hired Product whether such loss was caused by any act of negligence, act of recklessness or any breach of duty of care which may be owed to me by AberAdventures. Exclusion of Implied Terms: Where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded.

• I acknowledge that these implied terms as well as other terms and rights implied into consumer contracts by statute and any liability of AberAdventures flowing from them, are expressly excluded to the extent possible by law, by this agreement.

• To the extent of any liability arising, the liability of AberAdventures will be limited to the resupply of the hiring services or payment of the cost of having the hiring services supplied again. AberAdventures liability does not extend to consequential loss. Release and Indemnity: In consideration of AberAdventures agreeing to hire to me the Hired Product I, to the extent permitted by law: release and will release AberAdventures from all Claims that I may or may have had but this release arising from or in connection with my hire and use of the Hired Product; and indemnify and will keep indemnified AberAdventures in respect of any Claim by any person arising as a result of or in connection with my hire or use of the Hired Product. Damage to Hired Product:

• I agree to accept all responsibility and liability for any loss or damage to the Hired Product (however caused) which occurs during the course of my hire of the Hired Product.

• I agree to compensate AberAdventures, for any and all loss of or damage to the Hired Product including, if required by the Surf School, the replacement of the Hired Product and authorise the Surf School to apply any security amount provided by me to the Surf School against the cost of such compensation. Fitness to Participate:

• I declare that I am medically and physically fit and able to participate in the activity and to use the Hired Product. • I understand and accept that the Surf School will rely upon this agreement as evidence of my fitness and ability to properly use the Hired Product. Privacy:

• I understand that the information I have provided above is necessary for the objects of AberAdventures.

• I acknowledge and agree that the information will only be used for the objects of AberAdventures and its general business.

• I understand that I will be able to access the information, through AberAdventures, upon reasonable notice.

• If the information is not provided my application for hire may be rejected. Severance: If any provision of this agreement is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable.

• If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or enforceability.

• Such severance does not affect the remaining provisions of this agreement or affect the validity or enforceability of it in any other jurisdiction. I have provided the information required above and I warrant that all information provided is true and correct.

• I acknowledge this agreement cannot be amended.

• If I do amend this agreement it cannot be accepted by AberAdventures.