Thorpe Park PREMIUM Season Pass Terms and Conditions
This document sets out the terms and conditions ("Terms") on which we supply the Thorpe Park PREMIUM Season Pass ("Premium Season Pass") to you ("Passholder" or "you"). Please read these Terms carefully before you submit your order for any Season Pass to us. These Terms tell you who we are, what we provide to you under the Premium Season Pass and other important information.
1. We are Merlin Attractions Operations Limited, a company registered in England and Wales, with company number 06272935, trading as THORPE PARK Resort Theme Park, and our registered office address is at Link House, 25 West Street, Poole, Dorset BH15 1LD ("Merlin" or "we").
2. These Terms are integral to each Premium Season Pass and are independent of any other contract. Use of a Premium Season Pass at the Attraction (as defined in Term 10) is also subject to the regulations of the Attraction, copies of which are available at the Attraction or can be obtained online on the Attraction's website. Please familiarise yourself with these regulations before purchasing your Premium Season Pass.
3. When you place an order for a Premium Season Pass on the Thorpe Park website at [www.thorpepark.com] ("Website") our acceptance of your order will take place as soon as we process your payment, at which point a contract will be entered into between you and us and we will also send you an email confirmation ("Confirmation"). We will assign a (order) number to your order and will tell you what it is when we accept your order. It will help us if you can tell us this order number whenever you contact us about your order. Your Premium Season Pass will be sent to you in the post to the delivery address you provided when you submitted your order.
4. Your Premium Season Pass entitles you to access the Attraction as set out in Term 10 from the date of issue until 1 November 2020 (inclusive) during the Attraction’s normal park operating hours, subject to the date exclusions in Term 12.3 (the "Pass Term").
Right to cancel
5. Refunds are not available in any circumstances. This does not affect your statutory rights as a consumer.
Fees and Payments
6. When you purchase a Premium Season Pass you agree to pay the fee as set out in your order page on the Website in accordance with these Terms.
7. You should note that your fee may be different from others’ fees because of discounts or promotions offered to others for which you may not be eligible or which are not available at the time of purchase.
8. If your Premium Season Pass is revoked in accordance with these Terms, your Premium Season Pass will be permanently deactivated and the Passholder will no longer be eligible to receive any of the benefits of the Premium Season Pass.
9. Failure to use the Premium Season Pass or your Premium Season Pass benefits does not relieve you of responsibility for payment. In addition, regardless of the number of times a Premium Season Pass is used, there are no refunds on amounts paid for a Premium Season Pass except as set out in the "Right to cancel" section above.
10. The Premium Season Pass can be accepted, subject to relevant restrictions set out in these Terms and the Attraction's regulations, at THORPE PARK Resort Theme Park, located at Thorpe Park Resort, Staines Road, Chertsey, Surrey KT16 8PN referred to as the "Attraction".
11. The Premium Season Pass will not be valid at any other Merlin attraction. If you turn up to any other attraction, the attraction staff have the right to refuse your entry using your Premium Season Pass and require you to buy a non-refundable full price ticket for entry into the relevant attraction on that day.
Access based on Season Pass
12.1 A Premium Season Pass entitles the Passholder to admission to the Attraction during the Pass Term subject to the operating calendars of the Attraction and any applicable exclusion dates that apply at the relevant time. The opening and closing dates of the Attraction may be changed by the Attraction during the Pass Term and any part of the rides, events or facilities within the Attraction may be closed, removed or cancelled for maintenance, health and safety and/or other operations reasons set out in the Attraction's regulations or due to special events or private functions. Please check the Attraction opening and closing dates on the Attraction's website and the Premium Season Pass exclusions and restrictions set out in this Term 12 before your visit.
12.2 For the avoidance of doubt, the full value or any part of the value of the Premium Season Pass will not be refunded nor will any compensation be payable if the Attraction becomes unavailable during the Pass Term or if any or part of any of the Attraction is closed due to technical, health and safety or other operational reasons or special events or private functions. Passholders are advised to check the Attraction's Facebook feed, [www.facebook.com/thorpepark], and the events page of the Attraction's website for any cancellations or closures and special events (which may have additional costs) taking place on the relevant date and/or time of their proposed visit. Please note that the Attraction is subject to closure due to adverse weather conditions and therefore Passholders are advised to check the Attraction's website before travelling.
12.3 Premium Season Pass exclusions
The Attraction does not accept Premium Season Pass during specific times of the year and the exact dates on which Premium Season Pass is not accepted are determined by the Attraction every year.
THE DATES EXCLUDED FROM YOUR PASS ARE:
12.4 Premium Season Pass restrictions
The Premium Season Pass is subject to some restrictions in usage dates. Should Passholders wish to visit during a restricted usage date, additional charges at a special rate will be available.
RESTRICTED USAGE DATES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:
(a) any concerts taking place at the Attraction;
(b) any themed and/or special events taking place at the Attraction;
(c) any 'special dates' featured on the Attraction calendar;
(d) 3rd, 10th, 17th October – 1st November 2020 Fright Night dates regardless of the time of entry or departure and;
(e) any other event as determined by Merlin from time to time.
12.5 Rides, attractions within the Attraction, and the Attraction generally are subject to availability and capacity.
12.6 The Premium Season Pass does not give access to, and entry is subject to additional applicable charges such as entrance fees, reservation or pre-booking fees (where applicable), and/or booking fees, for entry into any events or attractions at the Attraction where participation or entry are made subject to additional charges to the charges to enter the Attraction. Such events or attractions to which additional charges apply include for example any concerts, themed and/or special events and theme parks inside the Attraction. Please refer to the Attraction's website for details of the events and attractions to which additional charges apply.
12.7 The Premium Season Pass does not guarantee immediate entry to the Attraction or any event at any time. At events which allocate individual time slots for entry or where pre-booking is available, Passholders are required to book an available timeslot or pre-book their entry in advance in order to guarantee entry to the Attraction or an event, otherwise they will not be permitted entry. Please note that all timeslots are subject to availability and so to guarantee a specific timeslot, booking in advance is strongly recommended. Passholders are able to book an available timeslot online by visiting the Attraction’s website, however a small fee may apply. Where any Passholder has booked a timeslot, the Attraction may ask such Passholder to leave the Attraction at the end of their allocated timeslot.
12.8 The management of the Attraction reserves the right to refuse admission when the Attraction is at full capacity or otherwise in accordance with the regulations of the Attraction and these Terms.
12.9 All Passholders are subject to a bag search on entry to the Attraction. Refusal to allow a search may result in access to the site being denied on the date of visit.
12.10 Height, weight, age restrictions and medical warnings apply to certain rides and attractions.
Discounted entry tickets
13.1 A Premium Season Pass entitles the Passholder to purchase up to [five] discounted entry tickets for family and friends on selected dates (excluding any secondary attractions including, but not limited to, special events). Such discounted entry tickets are subject to certain restrictions under the Attraction's regulations, further information and details of which can be found at the Attraction's website. The Passholder must be present on the day of the visit and a valid Premium Season Pass must be presented upon collection of these tickets which will be sold at such prices as Merlin shall decide from time to time and are subject to availability. Tickets must be booked at least 24 hours in advance of your visit. To find out more, please visit the Attraction's website.
Use of Premium Season Pass
14.1 To use a Premium Season Pass, the Passholder must show the Pass at the admissions office, turnstile or other authorised entry point of the Attraction. Entry to the Attraction by use of a Premium Season Pass will only be permitted if a valid Premium Season Pass can be presented. Failure to present a valid Premium Season Pass (due to it having been lost, stolen or forgotten) will result in a charge of the "on the day" admission rate applicable to the Attraction, which will be non-refundable. Re-entry to the Attraction on the same day requires a hand stamp which will be given to the Passholder by the Attraction on exit from the Attraction.
14.2 A Premium Season Pass will only be valid when it is used and/or presented by the named holder, it displays a clear photograph which must be a true likeness of the named holder, and it is within the Pass Term (as defined in Term 4). Photocopies of a Premium Season Pass will not be accepted at the Attraction and the Attraction may refuse entry to any person attempting to use a Premium Season Pass which is not an original.
For the avoidance of doubt, pass sharing is a breach of these Terms and any attempted use of a Premium Season Pass by someone other than the photographed and named holder will result in access at the Attraction being refused and, where the Passholder was involved in the sharing of the Premium Season Pass or failed to keep the Premium Season Pass in a safe and secure location, this will result in the Premium Season Pass being revoked. For this reason, you should ensure that the Premium Season Pass is kept in a safe and secure location where others will not have access to it.
14.3 The Premium Season Pass remains the property of Merlin and can be withdrawn at any time. Passholders shall take all reasonable steps to ensure that a Premium Season Pass is kept secure at all times and any Premium Season Pass which has been lost, stolen and/or damaged should be reported immediately pursuant to Term 14.6.
14.4 Premium Season Passes cannot be sold, loaned or given away to or used by a third party. A Premium Season Pass will automatically become void without a refund if sold, loaned or given away or if any attempt is made to sell, loan or give it away.
14.5 Access will be denied to the Attraction and the relevant Passholder's pass revoked, if (i) the Passholder is guilty of fraud or attempted fraud in respect of the Premium Season Pass, (ii) there is misuse of the Premium Season Pass in breach of these Terms (e.g. abuse of the Premium Season Pass benefits); and/or (iii) there is any inappropriate conduct at the Attraction that can have an adverse effect on Merlin or the Attraction if the Passholder's access to the Attraction is admitted. Inappropriate conduct means causing any security or safety concerns, displaying any sign or visible representation of any kind which is, or could reasonably be judged to be, threatening, abusive or insulting to any member of Merlin staff and/or other members of the public visiting the Attraction, or allowing or assisting a third party to attempt to do any of the foregoing or gain unauthorised or improper access to the Attraction with a Premium Season Pass of which they are not the valid holder.
14.6 In the event of a lost, stolen and/or damaged Premium Season Pass, the Passholder should contact Merlin directly to have the relevant Premium Season Pass blocked. Contact details are set out at Term 27. A replacement Premium Season Pass can be issued at [The ticket office]. An administration fee of up to £10 will be charged for the re-issue of each lost or damaged Premium Season Pass. The re-issue of stolen Premium Season Passes will also be subject to the £10 re-issue fee unless the Passholder can provide Merlin with a relevant crime reference number when requesting that the Premium Season Pass is re-issued.
15. A Premium Season Pass cannot be used in conjunction with any promotional offer, voucher or advance booking or with any discount or retail/restaurant incentive unless otherwise stated on the Attraction's website. The Passholder is only entitled to the discounts stated in these Terms or such other discounts as made available to Passholders at Merlin's discretion from time to time.
16. Premium Season Passes are non-refundable except as provided under section "Right to cancel".
17. Merlin is entitled, in its absolute discretion, to offer from time to time promotional offers for purchasing the Premium Season Pass at the Attraction, online, or through third party channels.
18. On the presentation of a Premium Season Pass, Passholders may receive discounts and/or benefits from Merlin and/or third parties where available at the relevant time. Such third parties discounts and/or benefits are not guaranteed and subject to change.
19. All Passholders, their family members and friends entering the Attraction by virtue of a discounted entry ticket are required to comply with the booking and entry conditions (including without limitation any restrictions relating to height, weight, age (including the ages for which children are required to be accompanied by an adult) and any medical warnings) set out on Merlin's website. Passholders should check the Attraction's website before booking a visit or visiting.
20. If we fail to comply with these Terms, we are responsible for any loss or damage that you suffer provided that such loss or damage is a consequence and foreseeable result of our act or breach of these Terms, and provided that you use all reasonable endeavours to limit such loss and/or damage. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the ordering process. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
Provision of Data and Merlin's processing
21. In order to implement and manage these Terms and to enable Merlin to comply with its contractual and statutory obligations, Merlin will require to process certain Personal Data relating to each Passholder as set out in Terms 22 to 24 inclusive. This is detailed in a separate Fair Processing Notice which will be provided to the Passholder under separate cover. For further details on how this may apply in practice, the Passholder may contact Merlin using firstname.lastname@example.org.
22. Each Passholder will be issued with their own Premium Season Pass and will be required to supply the following data: (a) their first name and surname; (b) their date of birth; (c) their residential address; (d) a contact telephone number; (e) a contact email address; and (f) a photograph which must be a true likeness of the holder, and which must conform to UK passport photo requirements.
Carer Pass and Ride Access Pass
23. If a disabled person has purchased a Premium Season Pass and presents at the Attraction documentation demonstrating a disability (for example by producing a doctor's letter setting out the disability, proof of receipt of disability living allowance or a disabled parking badge), that disabled Passholder shall be entitled to a free Carer Pass ("Carer Pass") which enables them to bring their carer into the Attraction with them at no additional cost.
24. A carer pass will be issued where evidence of the disability has been provided by the relevant Passholder at the Attraction ("Carer Pass"). Carer Passes are issued solely at Merlin's discretion and cannot be obtained online or over the phone. Carer Passes will be reviewed annually and a new Carer Pass must be obtained annually. The Carer Pass can be used by any family member, friend or carer of the disabled Passholder who is 14 years or over. Each time a disabled Passholder visits the Attraction with a carer, they shall also supply their Carer Pass in order for the carer to be granted entry. If a disabled Passholder has forgotten their Carer Pass and wishes to have a carer present during their visit to the Attraction Merlin may, at its sole discretion, issue the carer with a day ticket. The Carer Pass entitles the designated carer admission to the Attraction only and does not entitle the designated carer to any other benefit including, but not limited to, privilege packs and their associated contents. Use by the Passholder and/or their carer of either the Premium Season Pass and/or the Carer Pass in breach of these Terms may result in both the Premium Season Pass and the Carer Pass being revoked in accordance with Term 14.
25. Whilst a Premium Season Pass entitles the holder to admission to the Attraction, it does not automatically entitle a disabled person who is the holder the right to receive a priority entry pass for the rides ("Ride Access Pass"). Ride Access Passes are issued at the Attraction and give holders priority entry to the rides so that queuing time is reduced. A Ride Access Pass will be provided at Merlin's discretion where Merlin is satisfied that that a Passholder is unable to queue at the Attraction, and provided that such Passholder is accompanied by someone aged 14 years or over. The terms and conditions of the Ride Access Pass may vary and therefore we recommend visiting the Attraction's website to view the terms ahead of your visit.
26. These Terms are governed by and construed in accordance with English law.
You can contact us by writing to us at [Customer.Services@thorpe-park.co.uk] or [FAO Customer Services Team, THORPE PARK Resort, Staines Road, KT168PN]. If we have to contact you, we will do so using the contact details you provide when you purchase a Premium Season Pass or updated details that you provide with us during the term of your Premium Season Pass.