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") 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 and the sale of certain types of Park admission tickets, 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 on the webpage 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
• Bank transfer
• ANCV cheque
• CADO cheque
• KLARNA: the Customer can choose to pay the Services in 3 instalments under KLARNA’s conditions. This payment method is only offered to private individuals (natural persons of legal age) residing in France and holding a payment card (Visa or Mastercard) which expiry date exceeds the duration of the financing, subject to KLARNA’s approval of the financing application. MARINELAND is not a party to the credit agreement entered into between the Customer and KLARNA and has no obligation in this respect. 

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 undated tickets and meal vouchers:
  
• • Number of uses: 0 = 100% refund
  • Number of uses: 1 = 0% refund

3. RESPONSIBILITIES

The Seller alone is entitled to determine the conditions of operation and maintenance of its parks, according to its needs and/or constraints, and alone decides on

(i) the opening calendar and opening times to the public for its parks;
(ii) the services and attractions it offers and their conditions of use;
(iii) the prices and terms of sale of the Services it offers to the public in its parks;
(iv) the maintenance, repair, rehabilitation and renovation programme for all or part of the equipment;

(v) the implementation of standards and rules relating in particular to the health and safety of persons and property in its parks.

The Vendor may, at his sole discretion, decide to close access to the public to all or part of his parks for as long as necessary, in particular to carry out work necessary for the safety and protection of visitors and animals , or relating to the maintenance, repair or renovation of all or part of the equipment, or in the event of force majeure forcing the Vendor to close all or part of his parks, without this giving rise to any right to compensation.

4. CANCELLATION AND/OR MODIFICATION BY MARINELAND

In the event that Marineland is forced to make a minor change to the service booked (e.g. change of time or duration, cancellation of a show or educational activity, etc), the Customer may not claim any compensation due to the changes made by SAS MARINELAND.

In the event that the Vendor is obliged to cancel or modify a chargeable Service/activity in addition to the park entry ordered by the Customer, the latter has the right to refuse the proposed modification - where applicable - and to obtain a full refund of the price of the cancelled Services/activities.

In all cases, no additional costs other than the cancelled Service, of any nature whatsoever, will be reimbursed or compensated.

5. FORCE MAJEURE

In the event that the performance of the obligations incumbent upon the Vendor is delayed or prevented, in whole or in part, due to the occurrence of a case of force majeure as defined by article 1218 of the French Civil Code, the Vendor will inform the Customer by any means. In the event of force majeure, the Vendor's obligations are automatically suspended, without the Vendor being held liable in any way. However, the Vendor may propose to the Customer another date for the consumption of the Services ordered and affected by the case of force majeure.

6. 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

7. 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.   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

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 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.

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.