Marineland General Terms of Sale of Online Tickets
Marineland General Terms of Sale of Online Tickets and Standard Insurance Provisions for Europ Assistance
Marineland General Terms of Sale of Online Tickets: MARINELAND ONLINE TICKET OFFICE
In the present General Terms of Service (hereinafter referred to as the “GTS”), the following definitions shall apply:
“MARINELAND”: the company Marineland, a simplified corporation with capital of €2,200,000.00, registered with the Antibes Trade & Companies Register (RCS) under number 036 920 924 and headquartered at 2 route de la Brague, Lotissement du Domaine de la Brague, 06600 Antibes, France - Telephone number: +33 (0)4 93 33 55 77 - Fax number: +33 (0)4 93 33 38 65 - Email: email@example.com.
“Website”: website located at the following URL: http://www.marineland.fr/en. ”Park”: MARINELAND Park, located in Antibes, France.
“CUSTOMER”: any physical person with whom MARINELAND has concluded a contract for the sale of tourism products.
Hereinafter collectively referred to as the “Parties” and individually as a “Party.”
“Order”: any contract binding the CUSTOMER to MARINELAND for the fulfillment and execution of the sale of tourism products.
“Online Ticket Office”: portal on the Website, used to purchase one or more tourism products.
“Tourism Product”: for the present purposes, the sale, for an overall price, of one or more admission tickets to one or more MARINELAND parks and/or a specific attraction with a reservation, for an event, or any other product available for purchase on the Website.
1 - General information
1.1 The present GTS apply to any online Orders placed for one or more Tourism Products purchased by the CUSTOMER via MARINELAND’s Online Ticket Office. Said Tourism Products may only be used for the date(s) selected by the CUSTOMER at the time of Order placement. The present GTS can be accessed on the Website.
1.2 The CUSTOMER represents that he/she has the legal capacity to conclude the present contract, meaning he/she is of legal age and is not under legal guardianship.
1.3 Order placement entails the CUSTOMER’s express, unconditional acceptance of all of the clauses and conditions set out in the present GTS. Consequently, the CUSTOMER represents and warrants that he/she is fully familiar with these clauses and conditions and, therefore, waives any invocation of any other document.
1.4 MARINELAND reserves the right to unilaterally modify the present GTS, at any time, and to apply the new GTS to any Orders placed after the date of modification.
1.5 If MARINELAND opts not to invoke any of the present conditions during a given period of time, this shall not be interpreted as a waiver of any subsequent invocation of said condition or, more generally, any of the conditions set out herein.
1.6 Regardless of any terminology that may be employed, the present GTS shall apply to services rendered and shall not entail any transfer of ownership, such that none of the provisions herein may be interpreted as constituting an actual sale of property.
2 - Orders
2.1 Orders of Tourism Products are subject to the present GTS, as well as to the parks’ rules and regulations.
2.2 To place an Order, the CUSTOMER must log in, after first having created a secure account with his/her own identifiers (username and password). After logging in, the CUSTOMER will fill out the form, providing the details of the desired services. Before any Order is submitted, the CUSTOMER will have the opportunity to review his/her selection (Order) and edit it as he/she sees fit. The Order will only be finalized after the third and final validation of the Order summary screen. That last click will have the same value as the handwritten signature referenced in Article 1341 of the French Civil Code (hereinafter referred to as the “acceptance click”). After the acceptance click described above, the Order will be considered as final and irrevocable and may then only be altered in specific cases, an exhaustive list of which is provided below. Before that click, the CUSTOMER will be able to identify and correct any errors.
2.3 Upon submission of an Order, the CUSTOMER’s computer will automatically be redirected to a page confirming final acceptance of the Order. The CUSTOMER will also receive a confirmation email. Either of these two forms of confirmation may be produced to obtain access to the Park. For that reason, the CUSTOMER using the ordered services must print out the confirmation, in accordance with Article 2.6 below.
2.4 MARINELAND guarantees that the CUSTOMER’s bank account will only be debited once, via MARINELAND’s secure payment site, for the total amount of the Order for Tourism Products, at the time of final submission as set out in Article 2.2.
2.5 All of the information appearing in the confirmation emails will be considered as accepted by the CUSTOMER, unless the latter challenges them in a registered letter sent with return receipt within eight days. However, the CUSTOMER may only challenge any information that differs from the original Order.
2.6 The CUSTOMER can save and/or print the confirmation page or the confirmation email sent by MARINELAND as proof of Order placement.
2.7 The CUSTOMER can print out the purchased Park admission tickets directly on his/her own printer or can request their print-out from the relevant service at MARINELAND upon arrival, subject to production of the written confirmation (page or email) and proof of identification (national ID card of the person who placed the Order, credit/debit card used, etc.), the username and the date of the reservation. Annual pass : The CUSTOMER is hereby informed that he has up to 90 days after his purchase in which to exchange his voucher for his annual pass at MARINELAND’s Visitors Center. His MARINELAND Pass will then be valid for one year from the date of issue.
2.8 Pursuant to Article L121-20-4, point 2, of the French Consumer Code, the CUSTOMER is not entitled to the seven-day cooling-off period stipulated in Article L121-20 of that same code.
3 - General rules for the sale of Tourism Products
3.1 Any Tourism Products purchased by the CUSTOMER in order to access the Park shall in no way guarantee him/her a seat at the shows and shall give rise to no special advantages during busy periods. It is possible that some of the activities listed in the description provided on the Website may be canceled, namely due to weather, force majeure events or visits outside the tourist season. Cancellation of any activity due to force majeure or to the actions of a third party to the contract shall not, in any event, lead to any compensation payable to the CUSTOMER by MARINELAND.
3.2 Prices. The descriptions of the Tourism Products provided by the Online Ticket Office state the services included in the price of each product. All prices are provided in euros, including VAT, unless otherwise stated by the Online Ticket Office. As a general rule, and unless otherwise stated, the prices will exclude any insurance and personal expenses (food, beverages, tips, etc.) and, more generally, any services not expressly mentioned by the Online Ticket Office. The prices that appear in the Online Ticket Office may be modified at any time, without notice, with the understanding that any such modifications will not apply to Orders already accepted.
3.3 Payments for Orders placed under the present GTS may only be made by credit/debit card (Carte Bleue, Visa or Eurocard/Mastercard). Payment on the Website is made directly to MARINELAND, by providing the CUSTOMER’s credit/debit card number to a secure payment system.
3.4 MARINELAND will produce a summary invoice containing the date and amount of the sums paid by the CUSTOMER for the Tourism Product(s).
All complaints must be sent to MARINELAND by registered letter with return receipt, within 15 days of the originally scheduled date of the visit, except in the case of a force majeure event preventing this notification of MARINELAND within that 15-day period. To avoid any disputes, proof of the visit (admission tickets, vouchers, etc.) stating the number of participants and their complete contact information (mailing address, email address and telephone number) must be attached to the complaint.
3.6 Cancellation insurance (policy no. 58 626 498, excerpt of the Standard Insurance Provisions)
The CUSTOMER may take out insurance with the company Europ Assistance, through MARINELAND, at the time of reservation.
It is specified that only deposits and any other amounts collected by the trip’s organizer will be refunded, as per the terms of sale of the trip (excluding any administrative fees), if the CUSTOMER should need to cancel the trip before departure.
This insurance will cover cancellation of the reservation due to one of the following causes:
SERIOUS ILLNESS, SERIOUS ACCIDENT OR DEATH
including the aggravation of pre-existing conditions and the aftereffects of an earlier accident:
• of yourself, your spouse or the person accompanying you, on condition that the latter appears on the same invoice;
• of your ascendants or descendants and/or those of your spouse or the person accompanying you, on condition that the latter appears on the same invoice;
• of your brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law or daughters-in-law;
• of your replacement at work, on condition that his/her name was provided when the contract was concluded;
• of the person responsible, during your trip, for:
- looking after your minor children, on condition that his/her name was provided when the contract was concluded,
- looking after a person with a disability, on condition that the latter person lives under the same roof as you and is under your legal guardianship and that his/her name was provided when the contract was concluded.
requiring a complete medical leave of absence, on condition that, at the time of departure, the insured person is not more than seven months pregnant.
VACCINE CONTRAINDICATION / LAY-OFF
• of yourself;
• of your spouse;
if the decision was not known at the time of booking your trip or concluding the present contract.
COURT SUMMONS, LIMITED TO THE FOLLOWING CASES:
• when you have been summoned for jury duty;
• in the case of child adoption proceedings;
• in the event of appointment as an expert, requiring your presence. The court date on the summons must coincide with the dates of your trip.
NOTICE OF A MAKE-UP EXAMINATION
after a fail not known at the time of reserving the trip (higher education only), said examination be scheduled during the period of your trip.
DESTRUCTION OF PERSONAL AND/OR PROFESSIONAL PREMISES
occurring after the date of conclusion of the present contract, as a result of fire, explosion or water damage, on condition that said damage covers more than 50% of the premises.
THEFT ON PERSONAL AND/OR PROFESSIONAL PREMISES
occurring within 48 hours of your departure and whose magnitude requires your presence.
SECURING A JOB OR INTERNSHIP, IF THE INSURED PERSON IS RECEIVING UNEMPLOYMENT BENEFITS
that job or internship beginning before or during your trip.
JOB TRANSFER, OR MODIFICATION OR REFUSAL OF PAID LEAVE DATES BY THE EMPLOYER
after the employer had approved the leave dates prior to signing up for the trip. The following socioprofessional categories are excluded from this benefit: heads of companies, entrepreneurs, freelancers, tradesmen and intermittent show business workers. The deductible stated in the table of benefits will be applied against the refund amount.
TOURIST VISA DENIED BY NATIONAL AUTHORITIES
without a previous visa application having been denied by that same country’s authorities. Proof of visa rejection from the embassy will be required.
THEFT OF IDENTITY CARD OR PASSPORT
within 48 hours of departure, if those documents are necessary for your trip. The deductible stated in the table of benefits will be applied against the refund amount.
SERIOUS DAMAGE TO YOUR VEHICLE
occurring within 48 hours of departure and rendering the vehicle irreparable by the time needed for you to travel to the meeting point arranged by the trip’s organizer or to the place where you will be staying, on the originally scheduled date and insofar as your vehicle is required in order for you to travel there.
occurring within a radius of 100 km of the holiday resort’s location, within 48 hours of the start date of the trip.
Other than the general exclusions applicable to the contract and set out in the section entitled “WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO THE CONTRACT?” this insurance will not cover the following circumstances:
• cancellation because of a person who was hospitalized at the time of booking the trip or concluding the contract;
• pregnancy complications in a woman more than seven months pregnant at the time of departure;
• illness requiring psychological or psychotherapeutic treatment, including nervous breakdowns resulting in hospitalization of fewer than four consecutive days at the time of cancellation of the trip;
• vaccine contraindication or failure to get a vaccination;
• accidents while engaging in the following sports: bobsledding, rock-climbing, skeleton, mountaineering, competitive luge, any aerial sports, as well as any accidents while participating in training for matches or competitions;
• failure to present any documents that are required for the trip, such as passports, visas, tickets for transportation or immunization records, for any reason whatsoever;
• diseases or accidents for which the insured person has been diagnosed, relapsed, aggravated or hospitalized between the date of purchase of your trip and the date of conclusion of the present contract.
Trip cancellation coverage does not cover the inability to leave on the trip related to the organizer’s material organization of the trip or to the accommodation or security conditions at the destination.
IF YOU WANT TO FILE A CLAIM FOR INSURANCE BENEFITS: You must file your claim within five business days of your becoming aware of the claim event. You, or any person acting in your name, must complete and sign the claim attached to these Standard Insurance Provisions and send it, along with all supporting documentation, to:
Europ Assistance, Service Indemnisations, 1 promenade de la Bonnette, 92633 Gennevilliers Cedex, France - Fax: +33 (0)1 41 85 85 61 - Email: firstname.lastname@example.org. In all instances, the cancellation insurance subscriber should refer to the Standard Insurance Provisions (policy no. 58 626 498).
3.7 Photos and illustrations
Every effort is made to provide photos and illustrations that will give the CUSTOMER a glimpse of the proposed products.
4 - Obligations of the parties
4.1 MARINELAND undertakes to execute the Order for Tourism Products, subject to the provisions of Article 8 below and to the CUSTOMER’s compliance with the procedure set out in Article 2 above.
4.2 If MARINELAND should find itself unable to honor its obligations after final acceptance of the Order, and in the interest of providing a product that meets the CUSTOMER’s expectations, MARINELAND reserves the right to modify the initial assignment of the services, on condition that the services do, in fact, meet the CUSTOMER’s expectations. In this instance, MARINELAND will inform the CUSTOMER of any changes in a timely fashion.
4.3 Every visitor must comply with the rules and regulations posted at the entrance to the sites included in the Tourism Product(s).
4.4 The CUSTOMER undertakes to comply with all instructions provided by MARINELAND with regard to the organization of the Tourism Product(s).
4.5 The CUSTOMER may not transfer his/her Order to a third party without the prior, written notification of MARINELAND.
5 - Liability
5.1 MARINELAND may claim exemption from all or part of its liability by providing proof that the failure to execute or improper execution of the contract can be attributed either to the CUSTOMER, or to an unforeseeable and insurmountable action by a third party not involved in the provision of the services covered by the GTS, or to a force majeure event.
5.2 The CUSTOMER will be held liable for any direct or indirect damage that he/she and his/her guests may cause while at MARINELAND’s parks, whether to MARINELAND’s personnel or clientele, or to any equipment made available to the CUSTOMER by MARINELAND.
5.3 MARINELAND declines all responsibility for any damage of any type whatsoever. All visitors are responsible for any direct or indirect damage that they may cause while at the Park.
5.4 MARINELAND may not, under any circumstances, be held liable for loss or theft of an admission ticket. A duplicate may, however, be issued at the dedicated ticket counter, upon presentation of official identification, the username and date of the reservation, on condition that the ticket has not been used.
6 - Cancellation
MARINELAND will not issue a refund for any of the services defined for the purposes of the present GTS in the case of: (i) the CUSTOMER’s failure to utilize the service(s) under the conditions set out in Article 3.5 above; or (ii) reasons related to the weather or to the extraordinary cancellation of a show.
7 - Force majeure
The Parties reserve the right to cancel the execution of the Tourism Product(s), without paying any penalties or compensation, if compelled to do so by a force majeure event or other extraordinary circumstances. Likewise, MARINELAND’s management reserves the right to change the schedule for the Tourism Product(s), without paying any penalties or compensation, if compelled to do so by a force majeure event or other extraordinary circumstances.
8 - Governing law, complaints and disputes
8.1 The present GTS are subject to French law.
8.2 Any complaints arising during performance of the services defined for the present purposes must be filed by the CUSTOMER as soon as possible, on-site and in an appropriate manner, so that MARINELAND may resolve them as quickly as possible. In any case, complaints are to be sent by the CUSTOMER to MARINELAND, by registered letter, within one month of the date of performance of the services. That letter must indicate the Order number, as well as the specific grounds for the complaint.
8.3 To respond to all of your requests, MARINELAND offers a service that can receive all of your comments, suggestions and complaints. You can write to MARINELAND at Société Marineland, 2 route de la Brague, Lotissement du Domaine de la Brague, 06600 Antibes, France, or by email sent to email@example.com. After contacting the service referenced above and in the absence of a satisfactory response within 60 days, you can submit the matter to the Travel and Tourism Mediator.
9 - Personal data
9.1 The information collected via the Online Ticket Office is intended for use by MARINELAND. It will be processed electronically, for the purpose of handling the CUSTOMER’s request and managing MARINELAND’s business, namely including:
- responses to requests for information submitted via the Website;
- Order placement and management;
- the transmission of business information, either with the CUSTOMER’s consent or if allowed by current applicable legislation;
- the production of general statistics on traffic to the Website, in order to improve the services that MARINELAND offers on the Website.
9.2 Pursuant to the French Data Protection Act, Law 78-17 of January 6, 1978, the CUSTOMER has the right to access, correct and delete his/her information, which right the CUSTOMER may exercise by writing to MARINELAND, which is responsible for the data processing, at its headquarters located at 2 route de la Brague, Lotissement du Domaine de la Brague, 06600 Antibes, France. This is an individual right that can only be exercised by the concerned person, with regard to his/her own information. Therefore, for security reasons, MARINELAND will need to verify his/her identity, in order to prevent the communication of any confidential personal information to another person.
MARINELAND may transmit the CUSTOMER’s data to third parties for sales processing purposes, on condition that the CUSTOMER has consented to this on the registration form that he/she completed.
9.3 The fields on the registration form that are marked with an asterisk are required fields and must, therefore, be completed. Failing that, MARINELAND will be unable to process the registration request.
MARINELAND may also collect data on use of the Website, such as the pages that the CUSTOMER visits or the services that he/she uses, so as to better understand the CUSTOMER’s expectations and improve the Website’s performance. If the CUSTOMER does not want that to happen, he/she should review the “Cookies” section of the present GTS.
9.4 Personal account
The CUSTOMER’s name and the password assigned to him/her at the time of registration, for the creation of a personal account, are both personal and confidential. MARINELAND may, however, have access to the offers selected by the CUSTOMER in his/her personal account and examine them, in order to better identify the CUSTOMER’s needs and expectations. When the CUSTOMER logs into his/her personal account, a cookie is installed on his/her computer to facilitate his/her use of that account. If the CUSTOMER does not want that to happen, he/she should review the “Cookies” section of the present GTS.
Those data may be stored on the computer up until the date of the reservation.
The CUSTOMER may block the storage of cookies by configuring his/her computer, depending on the browser that he/she uses. The browser’s “Help” section may provide instructions on how to block them.
10 - Language
The present GTS are published in French, English and Italian.
11 - Cooling-off period
11.1 Applicable legislation
Excerpt of Article L121-21 of the French Consumer Code:
“The consumer shall have a period of 14 days in which to exercise his/her right of withdrawal from a contract that was concluded remotely, subsequent to telephone canvassing or outside the establishment, without having to justify his/her decision or bear any costs other than those stipulated in Articles L121-21-3 to L121-21-5. Any clauses by which the consumer relinquishes his/her right of withdrawal shall be null and void.”
11.2 Right of withdrawal
Any CUSTOMER who purchases an entrance ticket to MARINELAND Parks remotely (by Internet or telephone), which ticket is either not dated or valid for a specific period of time (e.g. a Season Pass), shall be entitled to a cooling-off period of fourteen (14) days from the date of receipt of the Order confirmation email, in accordance with Articles L121-21 et seq. of the French Consumer Code.
11.3 Conditions for exercising the right of withdrawal
In order to withdraw his/her Order, the CUSTOMER must communicate his/her decision by means of a clear declaration, using the withdrawal form provided here or any other letter expressing his/her intention of withdrawing the Order, sent by registered letter to the following address, before expiration of the fourteen (14) day period: Marineland Parks - CS 91111 - 06605 Antibes Cedex - France.
Withdrawal requests that are illegible or incomplete will not be processed or refunded. The amount of the refund will be proportional, based on the table below:
For the Annual Pass:
Number of visits: 0 - Percentage reimbursed: 100%
Number of visits: 1 - Percentage reimbursed: 40%
Number of visits: 2+ - Percentage reimbursed: 0%
For undated tickets and meal vouchers:
Number of visits: 0 - Percentage reimbursed: 100%
Number of visits: 1 - Percentage reimbursed: 0%
11.4 Effect of withdrawal
In the event of the CUSTOMER’s withdrawal, duly transmitted prior to expiration of the fourteen (14) day cooling-off period, MARINELAND will refund all payments received at the time of Order placement, with no excessive delays and within fourteen (14) days of receipt of the withdrawal request. The refund will be issued by means of the same payment method as the one the CUSTOMER used to place the Order, unless the CUSTOMER expressly agrees to a different method.