Terms & Conditions

This page covers our Terms and Conditions for 1) use of this Lost Shore website, 2) bookings for use of the Lost Shore Cove, 3) bookings for Lost Shore accommodation, and 4) our Vouchers.

WEBSITE TERMS AND CONDITIONS

Last updated: July 2024

Please read these terms and conditions carefully before using this site.

1. What's in these terms?

These terms tell you the rules for using our website www.lostshore.com (our site).

2. Who we are and how to contact us

The Lost Shore Surf Resort is a site operated by TARTAN LEISURE LIMITED (‘We’). We are registered in Scotland under company number SC478179 and have our registered office at Lost Shore, Bass Rock Suite, The Lighthouse, Heugh Road, North Berwick EH39 5PX.

We are a private limited company operating the Lost Shore Surf Resort.

To contact us, please email info@lostshore.com

3. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

4. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy.

Our Cookie Policy. This covers the use of cookies on our website.

Our Accessibility Statement. Covers our policy on accessibility and steps taken to make our site accessible.

5. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 10th July 2024.

6. We may make changes to our site

We may update and change our site from time to time. [To reflect changes to our products, our users' needs and our business priorities].

7. We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

8. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

9. Our site is primarily for users in the UK

Our site is directed to people intending to purchase our products and/or services, and we are based in the United Kingdom. We do not represent that content, products and/or services available on or through our site are appropriate for use or available in other locations.

10. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@lostshore.com.

11. Wavegarden Intellectual Property

The ‘WAVEGARDEN’ term, trademark, logo, slogans, domain name and other Wavegarden product/service names and logos are the intellectual property of WAVEGARDEN, S.L.U, a company duly incorporated and existing under the laws of Spain, having its registered office at José María de Soroa, 25, bajo, Donostia-San Sebastián (Gipuzkoa), Spain, holder of Spanish Tax Identification Number (N.I.F.) B-75107235.

12. How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, excluding Wavegarden Intellectual Property. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

13. No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

14. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

15. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

16. User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

17. How to complain about or report content

If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately on info@lostshore.com

If you wish to complain about any other content, please contact us on info@lostshore.com

18. Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you 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 employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. [However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.]

19. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

20. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

21. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@lostshore.com

22. Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland 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 England and Wales, you may also bring proceedings in England and Wales.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

COVE TERMS AND CONDITIONS

Last updated: June 2024

1. General

a. These Booking Terms and Conditions apply to the booking of any activities (the “activities”) that take place in the Cove, including surf lessons and surf sessions at the Lost Shore Surf Resort, 11 South Platt Hill, Newbridge, Edinburgh, EH288AY ( the “Resort”).

b. For activities that take place away from the Cove there will be additional or varied terms and conditions. For up-to-date information on the activities available, and any additional terms and conditions that may apply, please refer to our website or contact our Visitor Experience team.

c. Please read these Booking Terms and Conditions carefully as they, along with your waiver document form the basis of your contract with Tartan Leisure Limited trading as Lost Shore Surf Resort (“TLL”, “we”, “our”, “us”) and contain important information concerning your participation in activities at the Resort.

d. The person who makes the booking (“You”, “Your”) will be responsible for ensuring that all other persons listed in the booking confirmation email are aware of and comply with these Booking Terms and Conditions.

e. These Booking Terms and Conditions incorporate the Resort’s Privacy Policy and Waiver Document.

f. No variation to these Booking Terms and Conditions shall be binding unless agreed by us in writing.

g. TLL reserves the right to make changes to activities at any time to comply with any safety regulations or statutory requirements without any liability on the part of TLL.

2. Your booking

a. You acknowledge that many of the activities on offer are physically challenging and participation in them 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 to discuss your specific requirements. You must make us aware if you consider that you have any medical condition that is likely to impact on your ability to participate in any of the activities.

b. The Cove can produce a variety of waves of different shapes, speeds and sizes, which allows us to provide a safe environment for all of the surfing abilities on our progression pathway. We have graded our surfing and bodyboard sessions by surfer ability. We strongly recommend that you refer to the guidance on our website before you self assess your surfing ability and make a booking to ensure that you select the most appropriate session for your surfing ability. If during your session, we consider that you are in the wrong session for your surfing ability, we will try and move you to an alternative session. If there are no appropriate alternative sessions available on the day in question, you may be asked to leave the session without a refund or any compensation.

c. 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 a Waiver Document, a parent, guardian, or authorised adult will be required to complete it on behalf of all customers under the age of 18.

d. To make a booking for any activity you will have to create an online Lost Shore User Account. You can also make a booking by contacting our Visitor Experience team.

e. 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 you the confirmation email, at which point a contract will come into place between you and us. We will then send you a number of pre arrival emails which will contain other important information about your booking, such as arrival times, the check-in process and information about what you will need to bring with you. Failure to comply with the instructions set out in such emails may result in you being unable to participate in the activities, without the availability to obtain a refund (or any other compensation).

f. Please carefully check the details in the confirmation email and contact the Visitor Experience team if any of the details are incorrect. Any manifest error or omission in any booking confirmation may be corrected by TLL without reference to you, without any liability on the part of TLL.

g. Your access code will only be valid for the lessons and sessions listed in the confirmation email. You are strictly prohibited from swapping, re-selling, assigning, transferring or otherwise disposing of your lesson and session access codes without our prior written consent. Any breach of this condition will make the associated booking void.

h. We will send you a number of pre arrival emails with your important arrival times and check-in times. We cannot make any extra time available for participants who arrive late or have not completed the Waiver Document in advance. We strongly advise that you to allow plenty of time for your journey to us. If you do not arrive at the arrival times and check in 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. Charges, cancellations and refunds

a. We charge you when you place your booking order on the website.

b. If you need to change or cancel your booking for any reason, please contact the Visitor Experience team. Your cancellation rights will vary depending on how much notice you give us of your cancellation or requested change.

i 7 days or less, you will not be entitled to move your booking, receive any refund or credit for any cancellation.

ii more than 7 days, you will be entitled to move your booking, receive a full refund or credit for any cancellation.

c. Any credit issued to your account will be valid for 12 months from the date it is credited on your account, credit cannot be used after this period unless agreed with TLL in writing.

d. Any requests to move a booking will be subject to availability. A change of date or activity may result in a change in price. If the change results in a lower price:

i. If the change is requested less than 3 months in advance of your activity, you will be issued with a credit equal to the difference in price.

ii. If the change is requested more than 3 months in advance of your activity, you will receive a refund equal to the difference in price.

If the change results in a higher price, you will need to pay the difference at the time the change is made.

e. If we are not able to accommodate your requested change it will be treated as a cancellation.

f. Separate policies apply to the cancellation of other activities at the Resort, details of which can be found in the booking terms and conditions for those activities.

g. 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 will use reasonable endeavours to notify you as soon as possible. If your booking is cancelled by us, you will need to contact our Visitor Experience team to arrange your refund.

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

iii. Any payments made to debit or credit cards will be refunded to the same card used in the booking. Payments made by gift vouchers will be refunded by a credit to your account.

4. Health and Safety

a. Your safety and enjoyment whilst participating in activities at the Resort is paramount to us. To make participation in activities at the Resort as safe as possible for yourself and others, you must familiarise yourself and comply with the following and if you fail to adhere to the following then you may be asked to leave the Cove and/or the Resort, without the availability to obtain a refund (or any other compensation):

i. Children under the age of 6 years old will not be permitted in the Cove to participate in surfing or bodyboarding sessions. From time-to-time, we may run activities specifically aimed at 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 our website or contact our Visitor Experience Team.

ii. All participants taking part in activities must adhere to the arrival times and check in times confirmed to you via email to attend a safety briefing. Anyone who does not attend their surf lesson or surf safety briefing will not be allowed to participate in their activity.

iii. We strongly recommend that all participants taking part in an activity in the bay must be water confident and that any participants who take part in an activity on the reef must be able to swim at least 25 metres unaided. Please check the website for any additional requirements for participation in specific activities

iv. Only permitted craft (e.g. surfboards and bodyboards) are allowed in the Cove for surf or bodyboarding lessons and sessions. Please refer to our website for further guidance or information.

v. Glasses and jewellery are not permitted in the Cove. If you choose to wear contact lenses in the Cove, we recommend that you wear tight fitting goggles over the top.

vi. All participants must follow all our safety warnings or any of our instructions either as displayed or given by a member of our staff whilst in the Cove or at the Resort. Please ask a member of staff if you are unclear about any instruction.

vii. You must act responsibly and sensibly at all times in the Cove and on site.

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

ix. If you see anything on site that you think may be potentially dangerous or breaks any of our health and safety rules or instructions, then please report it immediately to a member of our team.

b. Due to the physical nature of surfing and bodyboarding we strongly recommend that you speak to your doctor before taking part in an activity at the Lost Shore Surf Resort if you are pregnant as it may cause harm to you or your unborn child. Any pregnant women who still wish to participate in an activity are doing so at their own risk.

c. We are not qualified to express an opinion regarding whether you are fit to participate in any activity at the Resort. If any member of your party is suffering from any medical condition, illness or injury which may affect their ability to participate in activities at the Resort, we recommend you obtain professional or specialist advice from your doctor to discuss your specific requirements. You must make us aware if you consider that you have any medical condition that is likely to impact on your ability to participate in any of the activities. Notwithstanding this, we reserve the right to prohibit or ask anyone to cease participation in an activity if we believe they may be at risk of danger either to themselves or others.

5. Accessibility

The Resort is an inclusive destination and we take pride in making our site and our activities accessible to as many people as possible. Although activities at the Resort are designed to be accessible to most people, there may be some people who require additional equipment or support to participate safely. If you think that any member of your party may need additional equipment or additional support, please contact our Visitor Experience team in advance of making your booking so that we can discuss your specific requirements and we will do our very best to address your concerns.

6. Waiver document

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

b. A link to the waiver document will be sent to you via email in advance of your booked activity. The person making the booking is responsible for ensuring that waiver documents are completed by all the persons listed in their 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 waiver document on their behalf.

7. Children and young people

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

b. We recommend that any children under the age of 16 years old are accompanied by an authorised adult over the age of 18, even if the children are not taking part in an activity.

c. Unaccompanied children under the age of 16 may be refused entry to an activity, without a refund or compensation.

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

e. We actively 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 Cove throughout the session to provide support and assistance to the children in your care.

f. Adults who are accompanying children or young people in an activity must purchase a ticket to participate in the relevant surf session.

8. Equipment

a. We will provide you with a full-length wetsuit and a softboard for your activity. Performance body boards and surf boards are available on site to hire for more advanced surfers, subject to availability. Gloves, boots and hoods will be available for all surfers / bodyboarders at no additional charge. All clothing and equipment provided must be returned at the end of the activity.

We strongly recommend that all surfers and bodyboarders wear a helmet during an activity in the Cove, please refer to your pre arrival emails for more detailed information.

b. Please check our website or contact our Visitor Experience team for up-to-date safety information, including equipment requirements. We take all reasonable measures to ensure the equipment provided is safe and in good condition. You will be responsible for reporting any damage caused to the equipment while it is in your possession.

c. Participants are free to choose to wear their own wetsuits and use their own surfboards and bodyboards if they’d like to. Notwithstanding this, we reserve the right to refuse any wetsuits we feel may not be suitable for the ambient conditions. We also reserve the right to refuse any surfboards or bodyboards we feel may be inappropriate or unsafe for a specific lesson or session.

d. For safety reasons full-length wetsuits are recommended in the Cove but are not compulsory.

e. All participants should bring appropriate swimwear and a towel. Swimwear and towels are available for purchase at the Resort, although we will not be able to guarantee their availability. The Resort will provide you with the correct rash vest for your activity, which you should always wear over the top of your wetsuit while you are in the Cove. All jewellery, hearing aids or earphones should be removed.

f. If you take part in any non-surfing activities at the Resort, the details of any equipment provided and your clothing requirements, will be emailed to you in advance.

g. Any wilful damage to our equipment, loss of our equipment or damage caused by your negligence or carelessness to our equipment, must be paid for by you on demand at the current replacement value of the equipment.

h. If you, or any member of your party, is found to have wilfully removed any of the Resort’s property (including wetsuits, gloves, boots, hoods, bodyboards or surfboards) from the site, you will all be asked to leave the Resort immediately and we will reserve the right to refuse any future bookings from you or any member of your party.

i. Lockers are available at the Resort subject to availability.

9. Parking of vehicles

a. Free parking, subject to availability, is provided in one of our designated car parks for the duration of your visit. Vehicles parked in the car parks are left at the owners’ own risk. TLL will not be responsible for any damage however caused to any vehicle using the car park.

b. We cannot guarantee the security of vehicles in one of our designated car parks or any contents in vehicles. Under no circumstances should any vehicle be left at the Resort prior to or after your stay at the Resort.

c. All vehicles must be parked in the designated car park, guest’s vehicles are not permitted on the wider site.

d. Vehicle access is required for the emergency services, delivery vans and maintenance and TLL accepts no liability for any damage caused to a guest’s vehicle if is not parked in a designed car parking bay and it causes an obstruction to any of these vehicles.

e. Accessible parking is available in the main car park. Only vehicles displaying a blue badge may park in the Accessible Parking Bays.

10. Your visit to the Lost Shore Surf Resort

a. As an inclusive destination, we want to create a safe, family-friendly environment where everyone can enjoy surfing or bodyboarding. In order to achieve this, we reserve the right to refuse participation in any activity or to ask any person to leave the Cove or the Resort, 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 Cove or at the Resort.

iii. If your actions or behaviour put other participants in danger, harm 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 at the Resort.

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

d. We have first aid trained staff and facilities on site. Please ask a member of our team if you require any first aid.

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

f. Well behaved dogs are permitted on a lead anywhere at the Resort, apart from the Hub, Canteen and Changing Area buildings with the exception of registered guide or support dogs. Any dogs included in the Dangerous Dogs Act are not permitted at the Resort. We reserve the right to require any guest who brings a dog onto the Resort who is deemed to have caused a nuisance or acted dangerously to leave the Resort immediately without any compensation or refund.

g. Under no circumstances should any pets be left be left in a car or an accommodation unit on their own or be deemed to have their health or welfare put at risk. We reserve the right to inform the relevant authorities if we suspect that any animal is put in danger.

11. Accommodation at the resort

a. Overnight accommodation is available at the Resort. Additional charges and additional booking terms and conditions will apply to overnight stays in our accommodation. More information is available on our website.

b. Only customers with a valid booking at our accommodation are permitted within our accommodation units. If you wish to have a tour of our accommodation, then please contact a member of our Visitor Experience team to discuss.

12. Prices and payment

a. The prices stated on our website are valid at the time of booking. Full payment will be required and is taken at the time of booking.

b. Group Bookings, including corporate, university or schools’ events, may be subject to additional terms and conditions, which shall be agreed in writing.

c. We accept payment by all major credit and debit cards. We also accept payment by Resort gift vouchers and from affiliated third parties.

d. Child prices apply to any person 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. We offer free visitor access for anyone who is not participating in an activity. We reserve the right to refuse access to certain areas of the Resort for health and safety / capacity based reasons on extremely busy days.

b. The Standard Admission free visitor access will not apply to special events, where ticketed access may be required. TLL accepts no responsibility for the care of dependents whilst on site, this must always be the responsibility of the supervising adult or carer.

14. Photography

a. 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 TLL.

b. You acknowledge that TLL may request access to photographs taken by you at our 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.

c. We will not be responsible for any loss or damage to your photography equipment whilst at the Resort. You are not permitted to fly any drone aircraft from the Resort or over the Resort without prior permission, please see our website for further information. Under no circumstances whatsoever will any photography or video be allowed in the changing, toilet and shower areas.

d. You are only permitted use Go-Pro cameras attached to your own surfboard in the Cove at your own risk. We reserve the right to deny entry to the Cove if we feel that a Go-Pro camera may not be safely attached. You are not permitted to attach Go-Pro cameras to any equipment owned by TLL or the Resort.

e. We may take photographs or recordings of surfing sessions and make them available to 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 will be provided on site or emailed to you after your visit.

f. 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 TLL. 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.

g. If you wish to make such use of any photo or video taken at the Resort, then please contact our Visitor Experience 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 TLL.

h. 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 TLL.

i. If you do not wish to be featured in images, live stream footage or recordings made by TLL for promotional purposes, then please contact our Visitor Experience team.

15. Liability and other important information

a. We do not exclude or limit liability where it would be unlawful for us 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. We accept no responsibility for any loss or injury resulting from any persons’ involvement in any activity at the Resort, except when caused by the negligence of TLL or our staff, agents or subcontractors.

c. 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. 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. You will be responsible for the costs of any repairs or replacements of equipment provided by TLL when caused by yourself due to improper use.

f. 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. TLL 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. These terms and conditions are governed by Scottish law. You and we both agree that the court of Scotland 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 England and Wales, you may also bring proceedings in England and Wales.

b. If a court finds part of this contract illegal, the rest will continue in force.

c. 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.

d. 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.

ACCOMMODATION TERMS AND CONDITIONS

Last updated: June 2024

1. General

a. These Terms and Conditions apply to the booking of overnight stays at the Lost Shore Surf Resort, 11 South Platt Hill, Newbridge, Edinburgh, EH288AY (“the Resort”).

b. Please read these Terms and Conditions carefully as they form the basis of your contract with Tartan Leisure Limited trading as Lost Shore Surf Resort (“TLL”, “we”, “our”, “us”) and contain important information about your stay with us.

c. The person who makes the booking (“You”, “Your”) will be responsible for ensuring that all other members of their party, including children, are aware of and comply with these Terms and Conditions.

d. These Terms and Conditions incorporate the Resort’s Privacy Policy.

e. No variation to these Terms and Conditions shall be binding unless agreed by us in writing.

f. TLL reserve the right to make changes to the operation of its accommodation at any time to comply with any safety regulations or statutory requirements without any liability on the part of TLL.

2. Your booking

a. To make a booking at the Resort, log onto lostshore.com/accommodation or contact our Visitor Experience team. You can only make a booking at the Resort if you are 18 years or older.

b. 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.

c. Please carefully check the details in the confirmation email and contact the Visitor Experience team if any of the details are incorrect. Any manifest error or omission in any booking confirmation may be corrected by TLL without reference to you, without any liability on the part of TLL.

d. We offer 5 different types of accommodation unit with different occupancies. The maximum occupancy for each of the units is provided on our website. You must tell us the name and age of each guest in your party at the time of booking. Each accommodation unit will be equipped for number of guests included in the booking unless confirmed otherwise with the Visitor Experience team.

3. Prices and payment

a. The prices stated on our website are valid at the time of booking. The agreed price for your stay will be quoted online or over the phone when you make a reservation and confirmed to you via the confirmation email.

b. Full payment for your stay is due at the time of booking. We accept payment by all major credit and debit cards. We are also able to accept Resort Gift Vouchers as payment for accommodation bookings.

c. Cots and highchairs are available on request, subject to availability. If you require a cot and / or a highchair, please let us know at the time of booking or contact the Visitor Experience team in advance of your stay to submit your request. We advise you to submit your request as early as possible to avoid disappointment.

d. Organised or corporate groups should contact the Visitor Experience team in advance to discuss their booking. Group Bookings may be subject to additional terms and conditions, which shall be agreed in writing.

e. We may offer certain extras or “add-ons” when you make your booking. The price quoted for your stay at the Resort excludes any extras unless we expressly agree them with you. Any extras included in your stay will be confirmed in your confirmation email.

f. The price for your accommodation unit does not include any activities at the Resort, including but not limited to, surf lessons or surf sessions. Additional charges and different booking terms and conditions apply to these activities

g. You are strictly prohibited from swapping, re-selling or transferring your booking to a third party without our prior written consent. Any breach of this condition will make the associated booking void and we may refuse to take any further booking from you in the future.

h. Well behaved dogs, with the exception of any dogs included in the Dangerous Dogs Act are welcome to stay in any of our Hilltop Lodges for a minor surcharge. The surcharge covers a provision for some dog food, a water bowl, a dog bed and some calming dog treats.

4. Charges, cancellations and refunds

a. We charge you when you place your booking order on the website or over the phone.

i 7 days or less, you will not be entitled to move your booking, receive any refund or credit for any cancellation.

ii more than 7 days, you will be entitled to move your booking, receive a full refund or credit for any cancellation.

c. Any credit issued to your account will be valid for 12 months from the date it is credited on your account, credit cannot be used after this period unless agreed with TLL in writing.

d. Any requests to move a booking will be subject to availability. A change of date or length of stay may result in a change in price. If the change results in a lower price:

i. If the change is requested less than 3 months in advance of your arrival date, you will be issued with a credit equal to the difference in price.

ii. If the change is requested more than 3 months in advance of your arrival date, you will receive a refund equal to the difference in price.

If the change results in a higher price, you will need to pay the difference at the time the change is made.

e. If we are not able to accommodate your requested change it will be treated as a cancellation.

f. Separate policies apply to the cancellation of other activities at the Resort, details of which can be found in the booking terms and conditions for those activities.

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

i. We reserve the right to cancel or change your booking due to safety considerations or factors beyond our control.

ii. In the event of adverse weather, your booking at the Resort will only be refunded if we notify you that the Resort is closed. You will not be entitled to a refund for your accommodation booking at the Resort if an activity at the Resort (including a surf session or lesson) is cancelled for any reason, including adverse weather conditions, if the Resort remains open.

iii. Any payments made to debit or credit cards will be refunded to the same card used in the booking. Payments made by gift vouchers will be refunded by a credit to your account.

5. Accessibility

The Resort is an inclusive destination and we take pride in making it accessible to as many people as possible. If any member of your party has any additional requirements, then please contact our Visitor Experience team in advance of making your booking so that we can discuss availability, suitability and any potential adjustments we need to make to ensure your stay is as enjoyable as possible.

6. Children and young people

a. Where the majority of a party are under the age of 18, there must be a sufficient number of capable and responsible adults of 18 years or above to supervise, with a minimum of one adult per accommodation unit.

b. The supervising adults will need to accept responsibility for all children and young people in their care and will always need to remain on site whilst the children or young people are at the Resort. The name and contact details of the supervising adults will need to be provided to the main reception desk during the check in process. The supervising adult will need to ensure that each guest under the age of 18 is aware of and complies with these Terms and Conditions.

c. Any guests under the age of 18 will remain the responsibility of their parents or supervising adult whilst they are at the Resort. It is important that any parents and supervising adults always know the whereabouts of the children in their care.

d. Any children under the age of 16 must be accompanied by an adult aged 18 years or above in any licensed areas, when close to the Cove and when using any of our facilities. Any parties who are deemed to be not supervising their children responsibly may be required to leave the Resort without a refund or any compensation.

7. Check in and check out

a. You may check in at the main reception or use the key box in your accommodation unit between 15.00 and 20.00 on the day of your arrival. Your accommodation will be available from 15.00. If you wish to access your accommodation earlier then please contact our Visitor Experience team to discuss early check-in options. Early access to the accommodation units is subject to availability.

b. You will need to check in at the main reception by 20.00 at the latest. Please contact the Visitor Experience team at least 24 hours in advance of your arrival if you think you might need any further assistance when arriving after 20:00.

c. Once you have arrived at the Resort you may either walk to our main reception or our waterfront or hilltop accommodation or request a ride in one of our golf buggies when available. On the day of your departure, you may also request a ride in our golf buggies back to the car park, subject to availability.

d. You must check out of your accommodation by 10:00 on your scheduled departure date of If you wish to check out later, please contact our Visitor Experience team. Late check outs are subject to availability.

If you fail to check out by 10:00 on your departure date, you may be charged the applicable rate for an additional night’s stay. Please refer to the check out information in your accommodation unit to confirm our expectations regarding the cleanliness etc.

8. Parking of vehicles

a. Free parking, subject to availability, is provided in one of our designated car parks for the duration of your stay. Vehicles parked in the car parks are left at the owners’ own risk. TLL will not be responsible for any damage however caused, to any vehicle using the car park.

c. All vehicles must be parked in the designated car park, guest’s vehicles are not permitted on the wider site.

e. Accessible parking is available in the main car park. Only vehicles displaying a blue badge may park in the Accessible Parking Bays.

9. Your visit to the resort

a. You must treat your accommodation unit and its contents with care and leave it in a clean and tidy condition on your date of departure. We reserve the right to charge you for any extra cleaning that may be required.

b. The maximum occupancy for each accommodation unit is specified on our website. Each unit must have at least one person aged 18 year or above for the duration of your stay. The maximum number of guests must not be exceeded. If it is, we may move those persons to another accommodation unit (if available) and charge you the full rate for that unit or ask the entire party to leave the Resort without any refund or compensation.

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

d. Alcohol may be bought into the Resort for consumption in your accommodation unit, it may not be consumed anywhere else on site.

e. Smoking (including e-cigarettes and vaping) is not permitted in any of the accommodation units at the Resort. Smoking is only permitted in designated areas of the Site. Please ask a member of staff if you are unsure where they are.

f. No weapons, fireworks (including sparklers), naked flames (including candles, flares or lanterns) or illegal substances may be brought onto the Resort under any circumstances by you or any member of your party.

g. Safes are available in all accommodation units, however as we strongly recommend that you do not bring valuable items to the Resort. All items, belongings, luggage and other property owned by you and brought to the Resort shall be done so at your own risk, and we accept no liability for the loss or damage to such property.

h. You must take all reasonable precautions to avoid damage to any of our property at the Resort, including, but not limited to, the accommodation units and any associated fixtures and fittings.

i. You will be responsible for any damage you or any member of your party cause at the Resort, due to negligence, carelessness or wilful misconduct. By booking you agree that we have the right either during or after your stay to recover from you, whether via your pre-authorised credit or debit card or otherwise, the costs of any damage caused by you or any member of your party to our property, any compensation we may pay to others and / or any other costs or fees we incur as a result of your (or any member of your party’s) breach of these Terms and Conditions.

j. If you, or any member of your party, is found to have wilfully removed any property from the Resort, you will be charged for the item(s), you will all be required to leave the Resort immediately without any refund or compensation.

k. We provide cooking equipment in all of our accommodation units (with the exception of our two person waterfront lodges). You will not be permitted to use any cooking equipment not provided by the Resort, including but not limited to kettles, BBQs (disposable and non-disposable) and stoves, in the accommodation units, on the decking or anywhere else at the Resort.

l. A 24-hour contact number will be provided if you require assistance during your stay.

m. We have first aid facilities at the Resort. Please ask a member of staff if you require any first aid.

n. Food and drink will be available to purchase at the Resort. If you have any food allergies or intolerances, you must let us know at the time of order.

o. Well behaved dogs are permitted on a lead anywhere at the Resort, apart from the Hub, Canteen and Changing Area buildings with the exception of registered guide or support dogs. Any dogs included in the Dangerous Dogs Act are not permitted at the Resort. We reserve the right to require any guest who brings a dog onto the Resort who is deemed to have caused a nuisance or acted dangerously to leave the Resort immediately without any compensation or refund.

p. Under no circumstances should any pets be left be left in a car or an accommodation unit on their own or be deemed to have their health or welfare put at risk. We reserve the right to inform the relevant authorities if we suspect that any animal is put in danger.

q. Please be aware that noise can travel at the Resort and that the accommodation units are only soundproof to an extent. Please keep noise at a level which will not disturb other guests, especially between 22:00 and 8:00.

r. No amplified music is permitted on the Resort. We are a family-friendly site and will not tolerate excess noise or partying. If you are unable to keep noise to an acceptable level and / or cause a disturbance to other guests, we reserve the right to require you to leave the Resort, without any refund or compensation.

s. You are only permitted to use to the Cove if you have a valid booking for an activity. Any use of the Cove is subject to our standard Terms and Conditions of Booking. You are strictly prohibited from entering the lake without a valid booking.

t. Any guest who enters the Cove without a valid booking, whether it is when the Cove is open to the public or closed (e.g. during the night). will be required to leave the Resort immediately without any refund or compensation.

u. The Resort is an inclusive destination. You must comply with any safety warnings or instructions displayed or given by a member of staff whilst at the Resort. Please ask a member of staff if you are unclear about any instruction.

v. We reserve the right to require you to leave the Resort, without refund or compensation, in the following circumstances:

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

ii. Excessive noise or disruptive behaviour at the Resort.

iii. If your actions or behaviour put other visitors in danger, harm the environment or otherwise cause a potential risk to health and safety.

iv. If we consider you to be aggressive, violent or verbally or physically abusive to Resort staff, guests or visitors.

w. If we believe that you are under the influence of excessive alcohol or drugs.

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.

10. Activities at the resort

A range of activities are available at the Resort, including surf sessions and lessons. These activities must be booked separately either in advance or following your arrival at the Resort.

Please note that making a booking at the Resort does not guarantee the availability of any activities. We recommend that where possible, you pre-book any activities before arrival to avoid disappointment.

We cannot guarantee the availability of any activity at the Resort. If an activity is not available, or is cancelled by us for any reason, you will not be entitled to a refund or compensation in relation to your accommodation booking at the Resort.

11. Photography

i. If you do not wish to be featured in images, live stream footage or recordings made by TLL for promotional purposes, then please contact our Visitor Experience team.

12. 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. We accept no responsibility or liability for any loss or injury resulting from your stay at the Resort, except when caused by the negligence of TLL or our staff, agents or subcontractors.

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

13. 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.

TLL maintains public liability insurance for public safety within the site. This does not cover responsibility for any loss or damage to your personal belongings.

14. 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 be available on our website. We shall notify you of such changes by email if they materially affect your rights as a consumer.

15. General

b. If a court finds part of this contract illegal, the rest will continue in force.

c. Each of the paragraphs of these terms and conditions 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.

VOUCHER TERMS AND CONDITIONS

Last updated: July 2024

Presale (Early Bird) Vouchers

These terms and conditions apply to our presale/Early Bird vouchers and are to be read in conjunction with our Cove and Accommodation booking terms and conditions.

The vouchers can only be exchanged for Surf Lessons, Surf Sessions and Accommodation Pod, Wave or Kurv Nights.
The vouchers can be exchanged for any of our Surf Lessons, Surf Sessions or Accommodation Pod, Wave or Kurv Nights, subject to availability.
The vouchers can be transferred at the voucher holder’s own liability to as many people the voucher holder chooses but cannot be refunded or resold.
The vouchers must be redeemed by the close of business on the 31st March 2025.
The vouchers are available in limited numbers on a first come, first served basis.
For larger bookings please contact our customer services team using info@lostshore.com
The vouchers have no monetary value and cannot be exchanged for anything else on site.
Anyone that has purchased a voucher will be entitled to early booking rights, ahead of our general surfing and accommodation bookings release dates.

Christmas Gift Vouchers

These terms and conditions apply to our Christmas Gift Vouchers and are to be read in conjunction with our general Cove and Accommodation booking terms and conditions.

The vouchers can be exchanged for Surf Lessons, Surf Sessions and Accommodation Pod, Wave or Kurv stays, any items in Food and Beverage and Retail (including adult and children’s clothing for example) or any other products available for purchase, subject to availability.
The vouchers can be transferred at the voucher holder’s own liability to as many people the voucher holder chooses but cannot be refunded or resold.
The vouchers must be redeemed by the close of business on the 31st March 2025.
The vouchers are available in limited numbers on a first come, first served basis.
For larger bookings please contact our customer services team using info@lostshore.com
Anyone that has purchased a Christmas Gift voucher will be entitled to early booking rights, ahead of our general surfing and accommodation bookings release dates
You will be contacted on 15th April 2024 with further information on the opening date for our booking system. No action is required, or can be taken ahead of that notification.

Gift Voucher Terms and Conditions

These terms and conditions apply to our gift vouchers and are to be read in conjunction with our Cove terms and conditions and our Accommodation terms and conditions.

The vouchers can be exchanged for Surf Lessons and Surf Sessions, Accommodation Stays in our Waterfront Pods, Waterfront Lodges and our Hilltop Lodges, any Food and Beverage items in Canteen, any Retail items in our Shop (including adult and children’s clothing for example) and any other products or services available for purchase at the Lost Shore Surf Resort, subject to availability.

The vouchers are valid for 12 months from the point of purchase, they are non-refundable, non-transferable and can be used as part payment for any of the products or services listed above.

Terms & Conditions

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