These Terms of Service ("Terms") govern your use of the wakesys booking platform operated by wakesys sàrl ("wakesys", "we", "us", or "our"). By creating an account or using our service, you agree to these Terms.
1. About wakesys
wakesys is a booking platform that connects you with activity-based entertainment venues such as wake parks, aqua parks, trampoline parks, climbing gyms, escape rooms, and similar facilities ("Parks").
We are not a Park. We provide the technology that allows you to book activities, sign waivers, and manage your account. The Parks are independent businesses responsible for their own operations, policies, and the activities they offer.
2. Accepting These Terms
By creating a wakesys account, making a booking, or otherwise using our service, you agree to these Terms and our Privacy Policy.
You must be at least 18 years old to create an account and accept these Terms. If you are under 18, a parent or legal guardian must create an account and manage bookings on your behalf.
If you do not agree to these Terms, do not use our service.
3. Your Account
3.1 Account Creation
Depending on the Park's system, your account works in one of two ways:
- wakesys Global Account: One account that works across all Parks using the new wakesys platform. You do not need to register separately at each Park.
- Legacy System: Your account is linked to a specific Park. Some Parks may allow you to import your profile to other Parks using a wristband or other identifier.
Your Park will inform you which system they use.
3.2 Account Responsibilities
You are responsible for:
- Providing accurate and complete information
- Keeping your login credentials secure
- All activity that occurs under your account
- Notifying us immediately if you suspect unauthorized access
3.3 One Account Per Person
You may only have one wakesys account. On the legacy system, this means one account per Park. On the wakesys Global Account system, this means one account across all Parks. Creating multiple accounts is prohibited. If we detect duplicate accounts, we may merge them or terminate the duplicates.
4. Bookings and Payments
4.1 How Bookings Work
When you book through wakesys:
- You are entering into a contract with the Park, not with wakesys
- The Park sets the prices, availability, and terms of the activity
- Your payment is processed by a third-party payment provider (such as Stripe, Adyen, PayPal, or Omise) directly to the Park
- The Park is responsible for delivering the activity you booked
4.2 Payment Processing
Payments are processed by third-party payment providers. Each Park has their own direct relationship with these providers. When you make a payment:
- Your payment goes directly to the Park
- wakesys never holds or processes your funds
- Your payment information is handled securely by the payment provider
4.3 Cancellations and Refunds
Each Park sets their own cancellation and refund policy. wakesys does not control these policies.
- To request a cancellation or refund, contact the Park directly or use the cancellation feature in your booking (if available)
- Refund eligibility is determined by the Park's policy
- If approved, refunds are processed through the original payment method
wakesys is not responsible for a Park's cancellation or refund decisions.
4.4 Subscriptions and Recurring Payments
Some Parks may offer subscriptions or recurring payment options. These are agreements between you and the Park. The Park's terms govern any subscription, including how to cancel.
5. Waivers and Legal Documents
5.1 Digital Waivers
Many Parks require you to sign a waiver or release of liability before participating in activities. When you sign a waiver through wakesys:
- You are entering into a legal agreement with the Park, not wakesys
- wakesys is simply the platform that facilitates the signing process
- Your signature is legally binding
- The waiver is stored securely and provided to the Park
5.2 Parks' Terms and Safety Rules
Parks may have their own terms and conditions, safety rules, and policies. By booking at a Park, you agree to comply with that Park's rules. Read them carefully before participating.
6. Assumption of Risk
Activities offered by Parks — such as water sports, trampolining, climbing, and other physical activities — carry inherent risks, including the risk of serious injury or death.
By booking an activity, you acknowledge that:
- You understand the risks involved
- You voluntarily assume those risks
- You are physically and mentally fit to participate (or have disclosed any relevant conditions to the Park)
wakesys does not operate, supervise, or control any Park activities. We are not responsible for any injuries, accidents, or incidents that occur at Parks.
7. Prohibited Conduct
You agree not to:
- Create multiple accounts or share account credentials
- Provide false or misleading information
- Use the platform for any unlawful purpose
- Resell, transfer, or broker bookings without authorization
- Use automated systems, bots, or scrapers to access the platform
- Attempt to circumvent security measures
- Interfere with or disrupt the platform
- Harass, abuse, or harm Parks, their staff, or other users
- Engage in fraudulent activity, including payment fraud or chargebacks
8. Account Termination
8.1 Termination by You
You may delete your account at any time by contacting us at info@wakesys.com. See our Privacy Policy for details on data retention after deletion.
8.2 Termination by wakesys
We may suspend or terminate your account if we believe you have:
- Violated these Terms
- Engaged in fraudulent or abusive conduct
- Initiated excessive chargebacks or payment disputes
We will endeavor to provide notice before termination, except where immediate action is required to prevent harm or fraud.
8.3 Effect of Termination
Upon termination:
- You lose access to your account and booking history
- Outstanding bookings may be cancelled (refund subject to Park policy)
- We may retain data as required by law or described in our Privacy Policy
9. Intellectual Property
The wakesys platform, including its design, features, code, and content, is owned by wakesys sàrl and protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on our platform without our written permission.
10. Disclaimer of Warranties
THE WAKESYS PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We do not warrant that:
- The platform will be uninterrupted, secure, or error-free
- Any errors or defects will be corrected
We do not guarantee the quality, safety, or legality of any Park or activity. Parks are independent businesses, and we do not endorse or verify their operations.
11. Limitation of Liability
11.1 wakesys Is a Platform, Not a Park
wakesys is a technology platform that facilitates bookings. We do not own, operate, or control any Park. We are not responsible for:
- Any injury, death, or damage occurring at a Park
- The quality, safety, or suitability of Park activities
- A Park's failure to deliver services as described
- A Park's cancellation, closure, or change in operations
- Any dispute between you and a Park
11.2 Financial Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, wakesys is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform.
wakesys's total liability to you for any claims arising from your use of the platform is limited to €500.
11.3 EU Consumer Rights
For consumers in the European Union: Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation. Your statutory consumer rights remain unaffected.
12. Changes to These Terms
We may modify these Terms at any time. If we make material changes, we will notify you by:
- Posting the updated Terms on our website
- Updating the "Last updated" date
- Sending you an email or displaying a notice in the app
Your continued use of the platform after changes take effect constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the platform and delete your account.
13. General Provisions
13.1 Governing Law
These Terms are governed by the laws of Luxembourg.
13.2 Dispute Resolution
Any disputes arising from these Terms shall be resolved exclusively in the courts of Luxembourg City, Luxembourg.
For EU consumers: You may also bring proceedings in the courts of your country of residence. You may use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
13.3 Force Majeure
wakesys is not liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, pandemics, power outages, internet failures, or third-party service provider failures.
13.4 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
13.5 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and wakesys regarding your use of the platform.
13.6 Electronic Communications
You consent to receive communications from us electronically. Your electronic signature on waivers and other documents is legally binding.
13.7 Language
These Terms are written in English. If translated into other languages, the English version prevails in case of conflict.
14. Contact Us
Email: info@wakesys.com
Address:
wakesys sàrl
3, montée St. Hubert
8387 Koerich
Luxembourg