"WATSUP WAIHEKE" is the trading name of Beach Bum Investments Ltd.
Definitions: “The Operator” means Beach Bum Investments Ltd.
Risk disclosure:
Transport, water based and outdoor activities such as paddle boarding, surfing and kayaking carry inherent risks and although we strive to eliminate, minimize and manage the risks some level of risk will always remain. By participating in the activity you do so under your own free will and on the understanding that the operator cannot guarantee your safety.
Your responsibilities:
You are required to disclose any information and/or any previous or existing medical condition that may affect your ability to participate in the activity. You are also required to declare you are not under the influence of any drugs or alcohol prior to starting the activity. You are also required to act in a way that does not endanger yourself, our staff or other participants.
Weather:
We will endeavour to get in touch with you as soon as possible should the weather conditions prove unfavourable; we operate under a strict safety case policy which is impacted significantly by weather conditions.
Refund policy:
No refunds within 48 hours of departure unless the Operator cancels the activity due to weather conditions. Otherwise, refunds are granted solely at the discretion of the Agent according to the Operator's cancellation policy.
Liability:
The Operator (including their respective employees, agents, officers and directors) exclude, to the fullest extent possible under law, all and any liability for any loss, damage or injury (whether direct or indirect or consequential, however arising) suffered by the Guest or any person associated with the Guest in relation to the booked activity. All activities have elements of risk and all guests undertaking any activity do so voluntarily and at their own risk; the operator cannot guarantee the safety of the Guest or any person associated with the Guest in relation to the booked activity. To the extent permitted by applicable laws, all warranties, representations and implied terms are also excluded.
Operator Cancellation:
The Operator reserves all rights to cancel any Activity at its discretion for (but not limited to) any of the following reasons: a) Sea, road or weather conditions; b) lack of numbers participating in the Activity; c) unsuitability of Guest(s) due to reasons such as age, ill health, poor fitness, intoxication or any other reasons rendering a Guest unsuitable or unfit to participate in the Activity; d) any other circumstances which are beyond the reasonable control of the Operator. All Guests agree to adhere to any instructions in relation to the Activity from the Operator at all time.
Consumer Guarantees Act:
These terms and conditions are subject to rights and remedies you have under the Consumer Guarantees Act 2003.
Financial Liability Limitation:
To the extent that liability cannot, by law, be disclaimed, by participating in the activity you agree to limit Beach Bum Investments Ltd and any Beach Bum Investments Ltd staff, officers, employees, agents or director’s liability in contract, tort or otherwise at law to the sum of one dollar ($1.00).
Clothing:
Wearing appropriate clothing forms part of our safety management system and also ensures you have a great time. You are required to wear appropriate clothing for the activity.
For water sports in summer months (Dec, Jan, February) we recommend wearing swim wear that can be worn underneath a short sleeve / leg wetsuit (optional).
For water sports outside of summer (March-November)we recommend you wear swim wear and skin tight thermal layer on both upper and lower body that go under a full body wetsuit (optional). Please bring warm clothes appropriate for the season to change into afterwards.
