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MARINELAND'S TERMS AND CONDITIONS

I.- SELLER IDENTIFICATION DETAILS

The services covered by these Terms and Conditions are offered by MARINELAND, a French Limited Company (Société par Actions Simplifiée – SAS), with a share capital of €2,280,000, registered in the Antibes Companies Register under number 036  920 924, whose registered office is located at 2 route de la Brague, 06600 ANTIBES, France, whose VAT number is FR 36 036920924 ("MARINELAND") and whose contact details are as follows:

-      Telephone number: +33 (0)4 93 33 49 49;

-      Email: contact@marineland.fr

MARINELAND operates the following amusement parks (the "Parks") in Antibes: a marine animal park ("Marineland"), a leisure park ("Kid's Island") and a mini-golf course ("Adventure Golf"), as well as a water park ("Aquasplash").

In the context of its activities, MARINELAND has contracted a professional insurance policy. 

 

II.- GENERAL Terms and Conditions

These General Terms and Conditions (the "Terms and Conditions"), together with the Special Terms and Conditions set out below in Section III (the "Special Terms and Conditions") and their appendices apply to the relationship between MARINELAND and any customer considered to be a consumer within the meaning of the Preliminary Article of the French Consumer Code (the "Customer(s)"), who purchases services in relation to the Parks via the MARINELAND website https://www.marineland.fr (the "Website").

These General Terms and Conditions can be accessed at any time on the Website and can be printed and/or retained by the customer.

1.  PRE-CONTRACTUAL INFORMATION

The Customer confirms that (i) the information contained on the Website, (ii) the general information in the catalogue available on the Website and (iii) the information provided in this document is sufficient to receive clear and comprehensible pre-contractual information for any purchase.

1.1 Services

The services subject to these Terms and Conditions are those presented on the Website and include, in particular, the sale of Park admission tickets, the sale of certain types of Park admission tickets and season passes, as well as any other services offered on the Website (the "Services").

1.2 Prix

The prices of the services are those indicated on the Website. Any applicable discounts and promotions will be indicated on the Website at all times. When a purchase is made, the total price of the services purchased will be broken down into discounts/promotions applied (if any), charges to the customer and other additional charges for additional services or use of different payment methods. Discounts cannot be combined.

Navigating through the information on the Website and the purchase process is free of charge for the customer.

1.3 Purchase procedures

To purchase any of the services available on the Website, the customer must follow the instructions given at each stage of the purchase process in the "BUY TICKETS" section of the Website and fill in the online forms with the required information. By completing these forms, the Customer is deemed to have read, understood and accepted the General Terms and Conditions and the Special Terms and Conditions. The Customer acknowledges and accepts that these procedures are necessary to purchase the Services offered in the "BUY TICKETS" section of the Website.

The Customer acknowledges that the purchase contract will only be concluded if payment is made.

By purchasing the Services, the Customer states that they have the capacity and age to be bound by these General Terms and Conditions and the Special Terms and Conditions, to use and, where applicable, to make purchases on the Website in accordance with the General Terms and Conditions and the Special Terms and Conditions, which they declare that they know, understand and accept in full. The Customer also expressly agrees that any purchase of Services under these Terms and Conditions and the Special Terms and Conditions is their sole responsibility.

1.4 Service delivery date

Unless expressly stated otherwise in the Special Terms and Conditions, the Services may be used by the Customer on the date indicated on the Ticket once the purchase process has been completed.

1.5 Documentation & Language

By purchasing a Service on the Website, the Customer accepts the General Terms and Conditions and the Special Terms and Conditions applicable to the Services purchased, as well as the operating rules of the Park, which are available at [URL TO PARK ADMISSION CONDITIONS]. The Customer must read these carefully before proceeding with the purchase.

These General Terms and Conditions as well as the Special Terms and Conditions and their appendices are made available to the Customer prior to finalising the contract and remain accessible to the Customer at all times after the contract has been finalised.

These General Terms and Conditions have been drafted in French and the purchase process will be carried out in this language.

1.6 Technical resources

The Website has been configured to alert the customer to any errors made when entering their details in the forms displayed on the screen during the purchase process.

1.7 Changes to the General Terms and Conditions

These Terms and Conditions come into force on the date of their last update (as indicated at the end of this document). In accordance with the requirements of good faith, fairness and transparency, MARINELAND reserves the right, at any time, to amend these General Terms and Conditions, the Special Terms and Conditions and any other terms and conditions or special terms and conditions that may be created, the Terms and Conditions of Use of the Website or any other applicable notifications. Changes will be effective upon publication and will only apply to Customers who access the Website after their effective date. For clarity, if such a change is made, it will not apply to purchases made by the Customer prior to that point.

1.8 Amendments and refunds

Without prejudice to the provisions relating to the right of withdrawal set out below in these Terms and Conditions, once the online purchase has been completed and the Services have been acquired by the Customer, no changes or refunds will be made except under the circumstances expressly provided for in the Special Terms and Conditions and/or the applicable regulations. If you wish to request a change or refund, please contact the reservations department, whose contact details are available on the Website.

1.9 Payment methods

Payments can be made by the following means:

-      Debit Card, Visa, Mastercard, American Express

-      Cash

-      Cheque

-      Bank transfer

-      ANCV cheque

-      CADO cheque

MARINELAND guarantees that it has implemented appropriate measures and that these measures comply with current technological security standards, such as "Verisign". Access to transaction services and services involving the collection of personal data is done in a secure environment using SSL (Secure Socket Layer) with high security 128 bit encryption. The secure server establishes a connection so that information is sent in encrypted form, ensuring that any content sent is only intelligible to the Customer's computer and the MARINELAND server. Customers can verify that they are in a secure environment by checking that a locked padlock appears in the status bar of their browser. The security of MARINELAND servers is guaranteed by a certificate issued by VeriSign. This certificate guarantees that Users are sending their data to a MARINELAND server and not to a third party impersonator.

As part of its commitment to fraud prevention, MARINELAND will co-operate with the payment platforms used for the purchase of products available on the Website as well as with the relevant authorities in providing information on any transaction, where appropriate, subject to strict and ongoing compliance with all applicable legal requirements.

2. Right of withdrawal

2.1. Right of withdrawal

When purchasing an undated ticket, the customer has the right to withdraw from the contract within fourteen (14) days without having to give a reason. The withdrawal period expires fourteen (14) days after the date on which the contract was finalised.

2.2 How to exercise the right of withdrawal

In order to withdraw from the contract, the Customer may use the cancellation form attached as Appendix 1 or any other notification of choice, provided that such notification unambiguously indicates the Customer's wish to withdraw from the contract, and the Customer shall send this to MARINELAND by registered mail before the expiry of a period of fourteen (14) days from the date of purchase of the Services, to the following address:  MARINELAND, 306 avenue Mozart, 06600 Antibes, FRANCE or by email to commercial@marineland.fr

In order for the right of withdrawal to be respected, the Customer must notify MARINELAND of their wish to withdraw from the contract before the end of the withdrawal period. Any cancellation request returned illegible or issued after the expiry of this period will not be processed or refunded. 

2.3 Result of withdrawal

Where the Customer properly notifies MARINELAND of withdrawal, MARINELAND will refund the Customer all payments received in connection with the purchase of the relevant Services without undue delay and, at the latest, within fourteen (14) days of receipt of the notification of withdrawal. The refund will be made using the same means of payment that was used by the Customer to make the purchase, unless the Customer expressly agrees to a different means. In any event, the refund will be made at no cost to the Customer.

Should the Customer have already used the Services during the withdrawal period and chooses to exercise the right of withdrawal, they shall pay MARINELAND an amount proportional to the Services used up to the date of withdrawal, as follows:

-     For Passes

Number of uses: 0 = 100% refund

Number of uses: 1 = refund of 40%

Number of uses: 2 = refund of 20%

-      For undated tickets and meal vouchers:

Number of uses: 0 = 100% refund

Number of uses: 1 = 0% refund

 

3. COMPLAINTS PROCEDURE

MARINELAND strives to provide an excellent level of service to our customers, creating a warm and friendly environment that will ensure our visitors have the best possible experience during their visit.

However, MARINELAND recognises that sometimes things can go wrong and visitors may wish to make their dissatisfaction known. MARINELAND welcomes this feedback as it enables us to review and adapt our operations to better meet the needs of our visitors.

Complaints are usually best resolved at the time they arise, by speaking to one of the MARINELAND staff. If this is not appropriate, Customers may contact the relevant people or an available service manager.

If the Customer is unable to make a complaint within the Park, they should contact MARINELAND as soon as possible, giving the following information:

Proof of visit

Date and time of visit

Name or description of any staff who have been called upon or are involved

Nature of the complaint (including time and place in the Park, if applicable)

To make a request, Customers can contact MARINELAND by email at contact@marineland.fr or by post to MARINELAND, 306 avenue Mozart, 06600 Antibes, FRANCE.

The sooner Customers contact MARINELAND, the sooner MARINELAND will be able to help them. MARINELAND will endeavour to resolve complaints within fourteen (14) days of receiving them.

In any event, or after having contacted MARINELAND Customer Services, and in the absence of a satisfactory response, Customers may contact the Tourism and Travel Ombudsman at the following address https://www.mtv.travel/saisir-le-mediateur/ or by post to MTV – MEDIATION TOURISME VOYAGE, Service dépôt des saisines, BP 80303, 75823 Paris cedex 17, FRANCE.

The European Commission also offers an online dispute resolution system for consumer complaints about e-commerce: https://ec.europa.eu/consumers/odr/

Email: disputeresolution@grpr.com

4. Applicable law and JURISDICTION

These General Terms and Conditions and the Special Terms and Conditions, as well as the transactions arising from them, are governed by French law. In the event of a dispute, the competent Courts will be those designated by the legal and regulatory provisions in force.

 

III.- Special conditions

1.  HEALTH CONDITIONS

MARINELAND asks Customers to ensure that they are in good health before visiting any of the Parks. Customers who have been in contact with a person who has contracted Covid-19 in the last fourteen (14) days or who have symptoms of Covid-19, or who have been identified by ‘TousAntiCovid’, should postpone their visit to the Parks and follow the latest regulations from the French Government on self-isolation. MARINELAND recommends that Customers do not visit the parks if they or anyone living with them is considered to be a high risk or vulnerable person.

Online purchase of admission tickets in advance will be the primary method for purchasing a ticket. Ticket booth sales will be limited and subject to availability.

Visitors purchasing a ticket online (subject to availability) will be required to present a valid ticket for the date of the visit on arrival.

Payment by card will be the primary method of payment available and MARINELAND encourages contactless payment for all purchases up to €50 

The use of disinfectant and hygiene products is recommended prior to entering the Parks and at regular intervals during the visit. Hydro-alcoholic gel and hand washing facilities will be available in the Parks and will be clearly identifiable, with instructions on their correct use.

If, during their visit, any Customer feels unwell and exhibits symptoms consistent with Covid-19, they should avoid contact with other visitors and seek medical advice immediately.

Customers must comply with instructions from the Parks' staff at all times and obey all written and verbal warnings. Customers who do not abide by these rules may be expelled from the parks without refund. MARINELAND will not tolerate any verbal or physical abuse of its staff or other Customers.

2.  SPECIAL SERVICE CONDITIONS

SPECIAL CONDITIONS APPLICABLE TO ADMISSION TICKETS

Ticket definitions

Adult – 12 to 59 years old

 

Senior – 60 years and over

Student – with a valid student card

Child – 3 to 12 years old inclusive and accompanied by a responsible adult

Family of 4 – 2 adults et 2 children

Family of 5 – 2 adults et 3 children

Disabled – with proof of disability

Group – on prior reservation for a minimum of 15 people

Under 3 years old – Children aged 2 and under are admitted free of charge to the ANIMAL PARK, KIDS ISLAND and ADVENTURE GOLF (and do not need a ticket)

-      Seniors, students and people with disabilities must present their ID card and a certificate or approved document proving their condition to the park's access staff.

-      Online tickets are non-refundable and cannot be transferred to another date.

-      The ticket is valid for the date or period specified on the ticket and during the opening hours indicated on the Parks' website

-      The Customer understands that they must retain their ticket during their stay in the park and present it to any employee who requests it.

-      The resale of tickets to third parties is prohibited.

-      Customers are informed that the Parks may be closed in the event of bad weather or for reasons of park capacity, security or public health. MARINELAND will endeavour to give as much notice as possible via the Website and official social media profiles, and will offer Customers a new date on which to use their admission tickets or another reasonable substitute.

SPECIAL CONDITIONS APPLICABLE TO PASSES

The conditions under which passes are offered are listed below:

1.   The types of pass detailed below are the only options we offer:

a.    BRONZE PASS comprises free entry to Marineland up to 31st December:

                                         i.    10% discount in restaurants (except Red Hippo) and shops

                                        ii.    50% discount on parking

b.    SILVER PASS comprises:

                                         i.    free entry to Marineland, Adventure Golf and Kids Island up to 31st December + 4 entries to Aquasplash during the summer

                                        ii.    10% discount in restaurants (except Red Hippo) and shops

                                       iii.    50% discount on parking

c.    GOLD PASS comprises:

                                         i.    free entry to Marineland, Adventure Golf and Kids Island up to 31st December + 8 entries to Aquasplash during the summer

                                        ii.    15% discount in restaurants (except Red Hippo) and shops

                                       iii.    50% discount on parking

d.    DIAMOND PASS comprises:

                                         i.    free entry to Marineland, Adventure Golf and Kids Island up to 31st December and free entry to Aquasplash during the summer

                                        ii.    20% discount in restaurants (except Red Hippo) and shops

                                       iii.    50% discount on parking

2.   Children's passes can only be purchased in combination with an adult pass.

3.   If Passholders visit the Parks as part of a group or school, they must pay the group or school rate.

4.   Annual passes are valid from the date of purchase up to 31st December of the current year.

5.   Passes and season tickets are not transferable.

6.   Any misuse of a pass or season ticket may result in its cancellation.

7.   The card must be shown in order to benefit from the discounts granted to passholders.

8.   Replacement season tickets will only be issued on presentation of proof of identity that includes a photograph, such as a national identity card, driving licence or passport.

9.   Free entry to Marineland will not be permitted without a valid pass.

10.Any change of address must be notified in writing, by post or email to commercial@marineland.fr.

11. Admission is free for children under 3 years old. Any child of a current passholder who reaches their third birthday will be charged a full day's entry fee or must pay for a pro-rata pass.

12. There are no short term passes (except for three year olds) or pro-rata refunds if you wish to end a pass before it expires.

13. MARINELAND is open 364 days per year. If MARINELAND is forced to close due to circumstances beyond its control as a result of force majeure, the pass will not be extended and the purchase price will not be refunded.

14. MARINELAND reserves the right to refuse admission and to cancel a pass for any reason deemed necessary.

 

 

APPENDIX 1 – WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

 

For the attention of the Marineland Sales Department:

 

I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the provision of the following services:

 

Purchased on:

 

Name of customer(s):

 

Address of customer(s):

 

Signature of customer(s) (only if this form is submitted on paper):

 

Date:

 

(*) Delete as appropriate.