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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:
Email: contact@aquasplash.fr
MARINELAND operates the "AQUASPLASH" water park and the mini golf "ADVENTURE GOLF".
In the context of its activities, the SAS MARINELAND has contracted a professional insurance policy.
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 this current AQUASPLASH website https://www.aquasplash.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.
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.
The services subject to these Terms and Conditions are those presented on the Website and include, in particular, the sale of Aquasplash and Adventure Golf admission tickets and Aquasplash season passes, as well as any other services offered on the Website (the "Services").
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.
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.
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.
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 Park Operating rules of Aquasplash and Adventure Golf. 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.
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.
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, the SAS 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.
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.
Payments can be made by the following means:
The SAS 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.
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.
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 Aquasplash 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: AQUASPLASH/ADVENTURE GOLF, 306 avenue Mozart, 06600 Antibes, FRANCE or by email to contact@aquasplash.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.
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:
Number of uses: 0 = 100% refund
Number of uses: 1 = refund of 40%
Number of uses: 2 = refund of 20%
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 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 the Seller is forced to make a minor change to the service booked (e.g. change of time or duration, cancellation of an 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.
SAS MARINELAND strives to provide an excellent level of service to AQUASPLASH and ADVENTURE GOLF 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 don’t go as planned and visitors may wish to make their dissatisfaction known. MARINELAND welcomes this feedback as it enables us to review and adapt AQUASPLASH and ADVENTURE GOLF operations to better meet the needs of its visitors.
Complaints are usually best resolved at the time they arise, by speaking to one of the AQUASPLASH or ADVENTURE GOLF 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 AQUASPLASH or ADVENTURE GOLF as soon as possible, giving the following information:
To make a request, Customers can contact AQUASPLASH by email at contact@aquasplash.fr or by post to AQUASPLASH/ADVENTURE GOLF, 306 avenue Mozart, 06600 Antibes, FRANCE.
The sooner Customers contact AQUASPLASH , the sooner AQUASPLASH will be able to help them. AQUASPLASH 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
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.
- SPECIAL CONDITIONS APPLICABLE TO ADMISSION TICKETS -
Ticket definitions
Adult – OVER 12 years old
Child – 3 to 12 years old inclusive and must be 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 to AQUASPLASH/ADVENTURE GOLF free of charge (and do not need a ticket)
- SPECIAL CONDITIONS APPLICABLE TO AQUASPLASH PASSES -
The conditions under which the subscription is offered at Aquasplash are listed below:
1. The subscription types detailed below are the only subscription options we offer:
a. The WEEKLY PASS includes:
i. free access to Aquasplash for one week.
b. MONTHLY PASS includes :
i. free access to Aquasplash for one month.
ii. 10% discount in stores and restaurants
c. SEASON PASS includes :
i. free access to Aquasplash for an entire season.
ii. 15% discount in stores and restaurants.
2. Children's season tickets can only be purchased with an adult season ticket.
3. Subscribers visiting Aquasplash as part of a group or school must pay the group or school rate.
4. Annual passes are valid from the date of purchase until the last day of Aqusplash for the current season.
5. Passes and season tickets are not transferable.
6. Misuse of a season ticket or season ticket card may result in cancellation of the season ticket.
7. The card must be presented at all times to benefit from subscriber discounts.
8. Replacement subscriber cards will only be issued on presentation of photographic proof of identity, such as a national identity card, driving licence or passport, for €5.
9. Free entry to Aquasplash will not be permitted without a valid season ticket.
10. Any change of address must be notified in writing, by post to 2 route de la Brague, 06600 ANTIBES or by e-mail to contact@aquasplash.fr.
11. Admission is free for children under 3. Any child of a current subscriber reaching his or her third birthday will be required to pay a full-day admission fee or pay a pro rata subscription.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.
12. There is no prorated refund if you wish to terminate a subscription before it expires.
13. AQUASPLASH is open 75 days a year. If AQUASPLASH is forced to close due to circumstances beyond its control due to an event of force majeure, the subscription cannot be extended and its purchase price will not be refunded.
14. AQUASPLASH reserves the right to refuse admission and to revoke a membership for any reason deemed necessary.
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of the Aquasplash 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.