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These general conditions apply to all Users who use and/or request a subscription to the PLATFORM . Here is the table of contents:
GENERAL CONDITIONS
Click and collect
I. OWNERSHIP OF THE PLATFORM
II. SPECIFIC CONDITIONS OF CONTRACT AND USE OF THE PLATFORM
III. GENERAL CONDITIONS
PARQUES REUNIDOS SERVICIOS CENTRALES, S.A. (hereinafter, "PARQUES REUNIDOS"), with registered office at Federico Mompou, 5, Parque Empresarial "Las Tablas", Edificio 1 - Planta 3ª, 28050, with Tax Identification Number A-84.885.441 and registered in the Mercantile Registry of Madrid at Tome 23.506, Folio 58, Page M-421.702, is the holder of the right to access and use the domain https://menus.preoday.com/, as a licensee, together with the companies in its Group, the licensor being the Scottish company QikServe Limited, which provides access to the Click&Collect PLATFORM (hereinafter, the "PLATFORM")
PARQUES REUNIDOS makes the PLATFORM and its contents available to Users in order to provide them with information on the products, services and offers of the PARQUES REUNIDOS Group and its subsidiaries (hereinafter, "PARQUES REUNIDOS"), to enable the provision of services for the purchase of products and catering services in the AQUASPLASH park (hereinafter, the "Park").
Without prejudice to the above, the contracting of the different products and services offered through the PLATFORM will be carried out by S.A.S. MARINELAND, a company of the PARQUES REUNIDOS GROUP which operates through the PLATFORM and which is the manager of Aquasplash Park, and therefore responsible for the sale and/or management of all the products and/or services related to the Park.
The identification data of S.A.S. MARINELAND are as follows:
The S.A.S. MARINELAND, whose registered office is located at 2 route de la Brague, 06600 Antibes, is registered in the Antibes trade register under the Siret 03692092400010.
You can contact Aquasplash's customer service at the following e-mail address: contact@aquasplash.fr or by telephone at (+33) 493334949 at the price of a local call.
1. OBJECTIVE
The purpose of these Special Conditions of Contract and Use of the PLATFORM, as well as the General Conditions of Contract that, if applicable, govern the provision of online purchasing services or any other general conditions governing any type of tool, product or service made available to Users on the PLATFORM, is to regulate both the provision of information and the commercial relations that arise between PARQUES REUNIDOS and Users for the use of the PLATFORM.
PARQUES REUNIDOS may, at any time and without prior notice, modify these Special Terms and Conditions of Contract and Use of the PLATFORM, as well as the General Terms and Conditions of Contract or other terms and conditions governing any type of tool made available to Users on the PLATFORM, by publishing these modifications on the PLATFORM so that Users may become aware of them before visiting the PLATFORM or purchasing products, goods, services or using the tools or applications offered on the PLATFORM. In this case, the changes will come into force as soon as they are published and will be applicable to all PLATINUM Users from that date.
Simply browsing the PLATFORM is free of charge, with the exception of the cost of the connection through the telecommunications network provided by the access provider contracted by the User. When accessing the PLATFORM, the User may choose to access as a guest or to register as a user. By registering as a registered user, you will speed up the purchase process for subsequent uses.
PARQUES REUNIDOS may include third-party content and links to third-party websites on the PLATFORM, always with the authorisation of their owners. In this case, PARQUES REUNIDOS will not be responsible for the pages and contents of third parties, nor for the operation, conditions and availability of the same. Please consult our privacy policy, which can be consulted at the following link.
2. ACCESS TO SERVICES
Through the PLATFORM, Users can order certain products from the Park's catering establishments that are available on the PLATFORM at a given time.
All the technical means and requirements necessary to access the PLATFORM and the products or services offered therein are the exclusive responsibility of the User, as well as the costs or taxes to which the provision of services or the acquisition of products mentioned above may give rise.
Once accessing the PLATFORM, and in order to proceed with the use of the different services, the User must follow all the indications and instructions given on the screen, filling in the information required by the forms established on the PLATFORM, which implies the prior reading, understanding and acceptance of all the general and specific contractual conditions established therein.
PARQUES REUNIDOS reserves the right to refuse or withdraw access to its PLATFORM and/or the services or products offered without prior notice to Users who do not comply with these Special Terms and Conditions of Contract and Use of the PLATFORM and the General Terms and Conditions of Contract and/or the law, as well as, where applicable, to withdraw all content, comments and/or contributions made by the User that are contrary to these Special Terms and Conditions of Contract and Use of the PLATFORM, the General Terms and Conditions of Contract and/or the law.
Access to and use of the PLATFORM, as well as the voluntary creation of a profile by the User, imply knowledge and express and unequivocal acceptance of these Special Terms of Contract and Use of the PLATFORM and the General Terms of Contract by all Users.
3. RESPONSIBILITY OF PARQUES REUNIDOS
PARQUES REUNIDOS does not provide any guarantee and does not accept any liability for damages of any kind that may result from access to or use of the contents of the PLATFORM, unless such damages are attributable to the intentional fault of PARQUES REUNIDOS. The User acknowledges and accepts that the use of the PLATFORM, as well as the provision of the services offered therein, is carried out at the User's own risk and responsibility. PARQUES REUNIDOS accepts no liability for any damage that may arise, for example and without limitation, from the following events
PARQUES REUNIDOS does not generally control the use that Users make of the PLATFORM. In particular, PARQUES REUNIDOS does not guarantee that Users use the PLATFORM in accordance with the law, these Special Terms and Conditions of Contract and Use of the PLATFORM, generally accepted morality and good customs and public order, or that they do so in a diligent and prudent manner.
PARQUES REUNIDOS does not guarantee the availability and continuity of the operation of the PLATFORM. Likewise, PARQUES REUNIDOS does not guarantee the usefulness of the PLATFORM or its contents for any particular activity or purpose. PARQUES REUNIDOS may temporarily suspend access to the PLATFORM without prior notice for maintenance, repair, updating or improvement operations. Nevertheless, whenever circumstances permit, PARQUES REUNIDOS will inform the User with sufficient notice of the date on which the suspension of services is planned. PARQUES REUNIDOS excludes all liability for damages of any kind that may be caused by the lack of availability or continuity of the operation of the PLATFORM or the lack of usefulness that Users may have attributed to the PLATFORM.
PARQUES REUNIDOS guarantees that it has implemented appropriate measures and that these measures comply with the security standards that current technology allows. Access to transactional services and those involving the entry of personal data is carried out in a secure environment using the SSL (Secure Socket Layer) protocol with 128-bit high security encryption. The secure server establishes a connection so that information is transmitted in an encrypted manner. This ensures that the content transmitted is only intelligible to the "client" computer and the server. The User can verify that he/she is in a secure environment if a closed padlock appears in the status bar of his/her browser. The security of the PARQUES REUNIDOS servers is guaranteed by a certificate issued by the company VeriSign.
When the User places the Order through the PLATFORM, payment for the purchase of the products will be made through the payment gateway contracted by PARQUES REUNIDOS, which will apply a security system that complies with the Payment Card Industry Data Security Standard or PCI DSS, as well as other legal obligations such as the prevention of money laundering.
PARQUES REUNIDOSin its commitment to fraud prevention, will collaborate both with the payment platform used for the purchase of products through the PLATFORM, and with the competent authorities, providing information on any transaction that may be necessary, always in compliance with the legal requirements in force.
4. OBLIGATIONS OF THE USER
In general, the User undertakes to comply with these Special Contractual and Usage Conditions of the PLATFORM, as well as to comply with the warnings or specific instructions contained in the PLATFORM and to always act in accordance with the law, good practice and the requirements of good faith, using the diligence appropriate to the nature of the service provided, refraining from using the PLATFORM in a way that may hinder, damage or deteriorate the normal operation of the PLATFORM, the property or rights of PARQUES REUNIDOS, S.A. MARINELAND and the S.A. MARINELAND.S.A. MARINELAND, the rest of the Users or, in general, any third party.
Specifically, and without this implying any restriction on the obligation assumed by the User in general and in accordance with the previous section, the User undertakes, in the use of the PLATFORM and, where applicable, in the use of the online purchase tool included therein, by way of example and without limitation, to :
5. SPECIAL CONDITIONS APPLICABLE TO THE PURCHASE OF PRODUCTS IN CATERING ESTABLISHMENTS VIA THE PLATFORM
5.1 Establishments
The Park establishments where Users may purchase products through the PLATFORM are those that are expressly listed on the PLATFORM at a given time. Users may only place Orders at those Park locations that appear on the PLATFORM at the time of use.
The Park reserves the right to close any catering establishment or service for reasons of capacity, safety, technical reasons, maintenance, food and/or public health. In this case, the User who has already placed an order in this establishment will be offered either similar or superior products to those purchased, to be collected in another of the Park's catering establishments in operation, or the amount paid by the User will be refunded.
5.2 Ordering
The PLATFORM is a service offered by PARQUES REUNIDOS through which Users can order products from certain catering establishments located in the Park (the "Order").
The Order may be placed on the same day as its physical collection from the corresponding establishment, provided that the Park is open and the establishment is operational on the PLATFORM.
The sale and purchase of products will be subject at all times to their availability in the establishments. If any of the selected products are not available due to a stock shortage, the User will be informed and offered similar or better products than those purchased, or the amount paid for the unavailable products will be refunded.
In order to place an order on the PLATFORM, the User must follow all the indications and instructions given at each stage of the purchase process on the screens used for this purpose, filling in the information required by the forms provided on the PLATFORM. In order to access it, the user must enter his/her e-mail address, to which he/she will receive the order confirmation and the reservation number.
The User may access the PLATFORM by registering as a "user", or place an order as a "guest", without having to create an account. In the case of access as a registered user, the username and password provided during the registration process are identification elements that allow access to the PLATFORM services, and are personal and non-transferable. The user can unsubscribe at any time as a registered user. Please consult our privacy policy, which can be consulted via the following link.
During the purchase process, the User must select the products he/she wishes to consume, the catering outlet and the time at which he/she will collect them (hereinafter the "Collection Time").
The pick-up time is subject to the availability of the establishment, which means that if at the time of booking the selected time is not available, the User will be informed on the PLATFORM and will be informed of the time slots with availability in the selected establishment.
Once the User has selected all the desired purchase products on the PLATFORM, he/she must select the "Payment" option, and the products included in the purchase will appear on the corresponding screen with the final price (including VAT). In the event that the User benefits from a discount and/or promotion for the Order, he/she must enter the discount code in the space provided for this purpose on the PLATFORM. The User is responsible for examining and confirming the products and the selected offers, promotions and/or discounts, if any, before proceeding to payment.
Once the User has examined the Order, he/she shall proceed to pay for it.
Once the purchase process has been completed, the User will then receive an e-mail containing the order number and the purchase receipt (hereinafter the "Ticket") which will be used to collect the order placed in the selected catering outlet, either by printing it out or by displaying it on the screen from a mobile device.
5.3 Collection of orders
The User must physically collect the Order from the Park establishment where it was placed via the PLATFORM.
The ticket will be redeemed at the selected restaurant and at the pick-up time indicated on the reservation.
If the User does not arrive at the collection time indicated in the reservation, the waiting time to collect the Order will depend on the orders being handled by the staff of the catering outlet at that time. If, due to the User's delay in collecting the Order, any of the products purchased are no longer available due to a stock shortage, the User will be offered products similar to those purchased or the User will be refunded the amount paid for the unavailable products, unless the User is more than thirty (30) minutes late or the products were not collected before the establishment closed. In the above cases, the User is not entitled to a refund.
Each ticket entitles the holder to only one exchange for the products purchased, which can only be exchanged at the selected catering outlet on the PLATFORM.
5.4 Promotions and discounts
In the case of promotions or discounts, the User must present the coupon or document accrediting the promotion and/or discount, as the case may be, at the time of collection of the Order, as well as, where applicable, the documentation accrediting the right to the application of the promotion or discount due to the fulfilment of the conditions required for the same. In the event that, at the time of collection of the Order, the User does not accredit or provide the documentation for the promotion and/or discount, the User shall pay the difference in price that had not been paid at the time the Order was placed.
5.5 Services not included
Orders placed through the PLATFORM are an additional service to entry into the Park and therefore :
5.6 Right of withdrawal
According to the provisions of Article L.221-28 4° of the Consumer Code, the right of withdrawal applicable to distance selling cannot be exercised in the case of the supply of goods which, due to their nature, are likely to deteriorate or expire rapidly.
In application of this text, it is expressly stated that any Order on the PLATFORM is firm and definitive and that the right of withdrawal is excluded.
Orders that have been definitively validated, paid for and withdrawn cannot be cancelled. No goods can be returned or exchanged.
5.7 Purchase of alcoholic beverages
Users may only place an order involving the purchase and/or delivery of alcoholic beverages through the PLATFORM if they are of age.
When placing an order that includes alcoholic beverages, the user must confirm that they are at least 18 years old.
Alcoholic beverages may not be sold on their own; they must be accompanied by an order of food, in accordance with Article L 3331-2 of the Public Health Code.
PARQUES REUNIDOS and MARINELAND reserve the right to refuse to deliver the Alcohol Order to any person who cannot prove that he/she is at least 18 years of age at the time of collection of the Order, which must be proved by presenting his/her national identity card when physically collecting the Order from the establishment.
Users who, being of age, purchase alcoholic beverages through the PLATFORM are responsible for not providing such alcoholic beverages to minors under the age of 18. They will be personally liable for any failure to do so, which will be considered a serious breach of both these Special Terms and Conditions of Contract and Use of the PLATFORM and the Park's Internal Regulations.
5.8 Allergens
The User has at his disposal at the point of catering all the necessary information concerning substances that may cause allergies or intolerances (hereinafter collectively referred to as "Allergens") so that he can make an appropriate choice according to his needs.
Before placing your order, the User can access the necessary information regarding allergens by contacting the Park's catering establishments. If they have any questions, they can contact customer service, which will be able to provide the necessary contact details, before placing an order.
Neither PARQUES REUNIDOS nor the Park accepts any responsibility in the event that the User consumes a product to which he or she is allergic and/or intolerant, or for the consumption by the User of products that are contrary to the labelling or information indicated on the PLATFORM.
6. INVALIDITY AND UNENFORCEABILITY OF CLAUSES
If any provision of these Specific Terms of Contract and Use of the PLATFORM is declared wholly or partially invalid or ineffective, such invalidity or ineffectiveness shall affect only the provision, or the part thereof, which is invalid or ineffective, the remainder of the terms and conditions shall continue to be in force in all other respects and such provision or the part thereof which is affected, shall be deemed not to have been included, unless, being essential to these Special Terms of Contract and Use of the PLATFORM, it should affect them in their entirety.
7. APPLICABLE LAW AND JURISDICTION
The Specific Conditions of Contract and Use of the PLATFORM shall be interpreted and governed in accordance with French law. In the event of any dispute arising, the parties submit to the jurisdiction of the courts and tribunals determined in accordance with the rules applicable to procedural distribution and the protection of consumers and users.
These General Contractual Conditions expressly govern the relationship between the PARQUES REUNIDOS Group and the Users who contract the services and products offered through the PLATFORM (hereinafter, the "General Contractual Conditions").
These Terms and Conditions are accessible at any time in the online shopping section of the PLATFORM and can be printed by the User.
1. PRE-CONTRACTUAL INFORMATION
The purpose of these General Conditions of Purchase is to regulate the general conditions of purchase of the products of the Park's catering establishments available on the PLATFORM. The PARQUES REUNIDOS Group's sales service is expensive by nature, and the price of each product (including taxes) in euros, as well as the applicable promotions and discounts, will be those determined at any time on the PLATFORM. At the time of purchase, the total price will be indicated on the PLATFORM, with a breakdown, where applicable, of the applicable surcharges or discounts or promotions, where applicable, of the costs that, where applicable, are borne by the User and other additional costs for accessory services or the use of different means of payment, where applicable.
Access to the information contained in the PLATFORM is free.
The User understands that the information contained on the PLATFORM, the general information on the catalogue of products of the catering establishments on the PLATFORM, as well as the other products or services offered on the PLATFORM and the General Terms and Conditions of Contract and the execution of the contract, are sufficient and allow to exclude any error in the formation of consent.
1.1 Formalities
In order to proceed with the use of the different purchase services offered on the PLATFORM, the User must follow all the indications and instructions given at each stage of the purchase process on the screens used for this purpose, filling in the information required by the forms established on the PLATFORM, which will imply the prior reading, understanding and acceptance of all the General Purchase Conditions and the specific conditions established therein, so that the User declares that he/she is aware of and accepts these procedures as being necessary for accessing the products and services offered on the PLATFORM.
The rights and obligations of the User, both during the acquisition of the products and services and once they have been acquired, are also subject to the provisions of these General Conditions of Contract and the corresponding Specific Conditions of Contract and Use of the PLATFORM, as well as the Park's Internal Rules and Regulations, which can be accessed via the following link.
The User shall formalise his/her purchase by filling in all the phases established on the PLATFORM and sending it by telematic means. These General Contractual Conditions and, if applicable, the corresponding Particular Contractual and Usage Conditions of the PLATFORM, will form part of the contract with the User at the time of the latter's express acceptance, expressed by filling in and sending the purchase data entered in the PLATFORM.
Access to the PLATFORM and the use of any of the PLATFORM's services imply the User's acceptance, without reservation of any kind, of each and every one of the PLATFORM's Particular Conditions of Contract and Use, as well as the General Conditions of Contract made available to the User prior to formalising his/her purchase, and that these govern the acquisition of the products and services offered through the PLATFORM at any time.
The User declares that he/she has the legal capacity to be bound by these General Contractual Conditions, as well as to use and, where applicable, contract through the PLATFORM, in accordance with the Specific Contractual and Usage Conditions of the PLATFORM that may be applicable in each case. With regard to all these provisions, the User declares that he/she knows, understands and accepts them in their entirety. The use of the products purchased by the User, whether for his/her own consumption or that of third parties, is at the User's own risk.
The purchase and use of any product or service through the PLATFORM implies acceptance of the General Conditions, the Special Conditions of Contract and Use of the PLATFORM and the Park's Internal Regulations.
1.2 Documentation and language
These General Terms and Conditions can be accessed at any time on the PLATFORM.
Once the purchase process is complete, the User will receive an e-mail containing the Ticket, which will be used to collect the Order placed at the selected catering outlet, either by printing it out or by displaying it on screen from a mobile device.
Unless expressly stated otherwise in the Special Terms and Conditions of Contract and Use of the PLATFORM, products are purchased for a specific date and time, and, where applicable, are only valid for that date.
In accordance with Article 2 of Order No. 25 361 of 8 June 1967, a note will be issued at the end of the transaction.
Once the purchase process made available through the PLATFORM has been completed and the corresponding Ticket has been obtained, no changes or refunds will be permitted, except in the cases expressly provided for in the Special Terms and Conditions of Contract and Use of the PLATFORM and/or provided for in the applicable regulations, and the User may contact customer service at contact@marineland.fr
The present general conditions are written in French and the purchase process will be carried out in the aforementioned language.
1.3 Technical means
The PLATFORM will make available to the User all the technical means necessary to identify and correct errors in the input of his/her data in the various forms that appear on the screen during the purchase process.
1.4 Modification of the general conditions
These are the general conditions in force since the date of their last update (indicated at the end of this document). The PARQUES REUNIDOS Group reserves the right to modify at any time, in accordance with the requirements of good faith, balance and transparency, these General Contractual Conditions or, where applicable, the Particular Contractual and Usage Conditions of the PLATFORM, which may be applicable, as well as any other general or particular conditions, regulations for use or notices that may be applicable, in which case they will come into force from the date of their publication and will be applicable exclusively to those users who access the PLATFORM after the aforementioned date.
By way of clarification, in the event of modification of these General Contractual Conditions, in strict compliance with the regulations applicable to the protection of consumers and users, the PARQUES REUNIDOS Group will comply with the commitments and agreements acquired with users before the aforementioned modification took place, which are applicable.
In any case, before contracting products or services, the User may always consult the General Contractual Conditions and, where applicable, the Specific Contractual and Usage Conditions of the PLATFORM that may be applicable. Likewise, the PARQUES REUNIDOS Group reserves the right to modify the presentation, configuration and location of the PLATFORM at any time, as well as the contents and conditions necessary for its use.
1.5 Prices and means of payment.
The price of the products selected by the User is specified before the purchase and includes applicable taxes (VAT).
The price is displayed at the time of purchase and once the user has added all the products and services they wish to purchase.
The payment method accepted by the PLATFORM is a debit or credit card (including Visa, Mastercard and Maestro). Secure payment systems are used to protect the security of credit and debit card payments, using SSL (Secure Socket Layer) with high security encryption of at least 128 bits.
The Customer guarantees Parques Reunidos that he/she has the necessary authorisation to use the method of payment chosen for the payment of his/her order.
The PARQUES REUNIDOS Group guarantees that it has the appropriate measures in place and that these comply with the security standards permitted by current technology, as indicated in the section on the Special Conditions of Contract and Use of the PLATFORM.
1.6 Incorporation of the Special Terms and Conditions of Contract and Use of the PLATFORM and of the Park's Internal Regulations.
The purchase and use of any product through the PLATFORM implies acceptance of the General Terms and Conditions, the Specific Terms and Conditions of Contract and Use of the PLATFORM and the Park's operating rules, which can be consulted in the Internal Rules and Regulations, which can be accessed via the following link. Please read them carefully before purchasing.
1.7 Minimum age
The services of the PLATFORM are accessible to users who can legally contract, in all cases, provided that they are at least 15 (fifteen) years old, except in cases where the Order involves the purchase and sale of alcohol, in which case they must be at least 18 years old. The User guarantees that he/she is at least 15 years old, and that in the case of the purchase of alcohol he/she is at least 18 years old, as well as that all the information he/she has provided and/or registered on the PLATFORM is true and accurate. In this regard, PARQUES REUNIDOS reserves the right, at its discretion, to refuse access to or use of the PLATFORM, as well as not to deliver Orders, to any person who does not comply with these requirements. For the collection of Orders that include alcoholic beverages, it will be necessary for the User to present his/her ID card or passport to the staff of the Establishment in order to prove that he/she is over 18 years of age.
2. COMPLAINTS PROCEDURE
In order for the User to make an effective complaint in the event of an error or defect in the provision of services through the PLATFORM; as well as to make effective the guarantees of quality or level of provision of the services offered and to obtain, where appropriate, the corresponding fair reimbursement in the event of failure or defective performance on the part of PARQUES REUNIDOS, the User may send his complaint to the Customer Service, either by ordinary mail to Aquasplash - 306 avenue Mozart - 06600 Antibes, or by e-mail to contact@aquasplash.fr
In accordance with the provisions of Directive 2013/11/EU of the European Parliament and of the Council of 21 March 2013 on alternative dispute resolution in consumer matters, as well as Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 March 2013 on the online settlement of consumer disputes, we would like to inform you that the European Commission is providing an online dispute resolution platform. You can access this European online dispute resolution platform via the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
3. NULLITY AND INEFFECTIVENESS OF CLAUSES
If any provision of these terms and conditions is held to be wholly or partly invalid or ineffective, such invalidity or ineffectiveness shall affect only the provision, or part thereof, which is invalid or ineffective, and the remainder of the terms and conditions shall continue in full force and effect, and such provision, or part thereof, shall be deemed not to have been included, unless, because it is essential to these terms and conditions, it is required to affect them in their entirety.
4. COMMUNICATION
For any communication that may be necessary with PARQUES REUNIDOS, with regard to these General Conditions of Purchase, Users should contact the Customer Service Department, by the following means
5. PRIVACY POLICY
The processing of personal data of the PLATFORM's Users is governed by the provisions of the Privacy Policy, which can be consulted via the following link.
6. APPLICABLE LAW AND JURISDICTION
The general conditions shall be interpreted and governed in accordance with French law. For any disputed issue that may arise, the parties submit to the jurisdiction of the courts and tribunals determined in accordance with the applicable rules of procedural distribution and consumer and user protection.
Date of last update: July 2022.