The General Terms and Conditions of Sale govern relations between, on the one hand, consumers who purchase entry tickets for the Frenzy Waterpark as specified below, and, on the other hand, the seller, the company Frenzy Palace, a liability company single-person limited company with a capital of €10,000, having its registered office at Frenzy Waterpark 169 Lieu-Dit les Rôtes 66440 Torreilles, registered in the Perpignan trade and companies register under number B 791 990 849, whose intra-community VAT number is FR45791990849.
Seller's telephone number: 04 68 84 08 65
Seller's email address: email@example.com
Any purchase of entrance tickets to the Frenzy Waterpark made with the company Frenzy Palace and falling within the scope of these conditions of sale entails the unreserved acceptance of these same conditions.
Capitalized terms in these terms and conditions have the following meaning :
– “Buyer”: Consumer buying a ticket
– “Ticket”: right of access to the Frenzy Waterpark for the benefit of one or more person(s) on one or more fixed or undetermined dates
– “Conditions”: these General Conditions of Sale, including their appendix(es)
– “Consumer”: natural person acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity
– “Frenzy Waterpark”: the leisure park operated by SARL Frenzy Palace
– “Season”: Frenzy Waterpark opening period between two winter closing periods
– “Website”: the Frenzy Waterpark website named opposite www.water-jump.fr
– “Seller”: the Frenzy Palace company operating the Frenzy Waterpark
The Conditions apply to the sale of Tickets to Consumers.
However, they do not apply to Consumers who are members of an association, a works council or any other partner institution/company/association.
CHARACTERISTICS OF TICKETS
The different types of tickets and their characteristics are detailed on the Website and directly on site at the entrance to the park.
PURCHASE OF TICKETS
- Online ordering of tickets
To buy tickets, the Consumer must go to our website and access the “Tickets” tab.
1. Click on the type of Ticket desired and specify the number, select a date of visit then click on the "Order" button.
2. Check his order and validate then pay with payment obligation. However, if the Buyer wishes to modify his order, he can do so by deleting the previously selected Tickets.
3. Enter your electronic address (email) to receive the order confirmation and validate.
4. Proceed to payment for Tickets online.
5. Enter your credit card number and the requested data, accept the conditions, then validate the order.
- Order confirmation
By validating his order, the Buyer declares that the Ticket purchased is likely to be used before the expiry of the withdrawal period provided for in the Conditions.
Any purchase goes through the payment obligation incumbent on the Buyer.
The order is considered firm and final only when the full price thereof has been received by the Seller.
The contract of sale is then deemed to have been formed.
When the order has been validated and the payment made, the Buyer receives a confirmation of this by e-mail as well as an associated number identifying the order which he can then share when he comes to the water park to validate his access.
The order confirmation email received by the Buyer is proof of the entire transaction in accordance with the provisions of Law No. 2000-230 of March 13, 2000 and is the only authentic document in the event of a dispute.
The online Ticket purchase process is available in French as well as in English.
The price of Tickets appearing on the Website and on site is in euros and includes all taxes. This applies subject to occasional promotional offers.
The price of the Tickets is established on the basis of the taxes applicable on the date of entry into force of the Conditions. It may be modified at any time by the Seller in the event of a change in these taxes.
The price of Tickets only includes entry to the Frenzy Waterpark. This does not include potential additional expenses such as food on site, changing rooms or any other activity or expense of a personal nature.
The price of the Ticket therefore includes at least one entry to the Frenzy Waterpark for an adult or a child (from 4 to 10 years old inclusive) on the date or during the period of validity indicated on this same Ticket. Children between 4 and 10 years inclusive must provide proof of their age to benefit from the child rate. Upon presentation of proof of age, children under the age of four benefit from free entry to the Frenzy Waterpark. Pregnant women, people with disabilities and people over 65 benefit from an automatic fifty percent discount on Tickets. These price exceptions are only offered on site, they cannot be taken into account when ordering on our Website. Proof may be requested when you come.
Upon physical presentation of proof such as a student card at the reception of the park, students can benefit from a 10% off reduction on their entrance tickets.
Children under 11 must be accompanied by an adult and placed under the responsibility of the latter.
TERMS AND MEANS OF PAYMENT
The price of Tickets purchased on the Website must be paid in full and must be paid in one go and in euros at the time of purchase.
- Bank card
Payment on our Website is made by credit card.
Subject to indications to the contrary when ordering, only bank cards from the CARTE BLEUE/VISA/EUROCARD/MASTERCARD networks are accepted for all orders placed on the Website. The Buyer's bank account will be debited with the price of the order upon final validation thereof. For any order made on the Website, the proof of payment is automatically available to the Buyer when validating the order on the order confirmation page.
- Securing payments
Payments made on our Website are secured by the use of an encryption process guaranteeing the confidentiality and security of the Buyer's personal data as well as the 3D Secure system.
- Other means of payment accepted on site
You can pay for your Tickets on site by bank card, in cash or in material holiday vouchers. Dematerialized holiday vouchers are not accepted until the software useful for their operation is made available by the ANCV.
Payments by check are not accepted within the Frenzy Waterpark.
ISSUE OF TICKETS
Tickets are available and delivered for any purchase (excluding subscription) on the Website, the Buyer must access his email inbox and print the order confirmation received by this means or present the email containing the number of identification of the order when it comes to the park. Thus the Buyer will be able to access the Frenzy Waterpark.
No Ticket ordered online will be sent by post, fax or SMS.
A dated Ticket is only valid for the date(s) it mentions. An exception may be made in the event of incapacity related to illness, accident or any other involuntary incident subject to acceptance by the Seller and upon presentation of supporting documents if necessary. In this case and if the Seller accepts it, the Ticket may be used for a later date during the same Season.
An undated Ticket does not guarantee access to the Park in the event of heavy traffic.
Tickets are checked at the entrance to the Frenzy Waterpark by a park employee responsible for checking and validating the Tickets. In this context, the Frenzy Waterpark reserves the right to also check the identity of Consumers holding Tickets by providing proof of identity.
MODIFICATION, EXCHANGE AND REFUND OF TICKETS
- Right to retract
For any undated Ticket, whether valid for one or more days, the Purchaser has a period of fourteen days from receipt of the order confirmation to exercise his right of withdrawal. He loses this right of withdrawal if the holder of the Ticket, valid for a specific number of days, visits the Frenzy Waterpark as many times as the Ticket allows him during the said period.
To exercise his right of withdrawal, the Purchaser must inform the Frenzy Waterpark of his decision to withdraw by sending him, before the expiry of the period indicated above, a request for withdrawal dated and signed expressing his wish to withdraw.
The withdrawal request can be sent:
– By post to the following address: Frenzy Waterpark 169 Lieu-dit les Rôtes 66440 Torreilles France
– By email to the following address: firstname.lastname@example.org
The Frenzy Waterpark undertakes to reimburse the Buyer for all sums paid within fourteen days from the date on which it will have been informed of the Buyer's decision to withdraw. The refund will be made using the same means of payment as that used by the Buyer during the online ordering process, except in the event of a specific request to change the payment method by the Buyer himself. The refund can only be made if the conditions previously presented are met.
In accordance with the provisions of Article L.221-28 of the 12th paragraph of the Consumer Code, the withdrawal period cannot be exercised for dated Tickets.
- Modification by the Buyer
Dated Tickets cannot be modified, exchanged or refunded. Except for the exceptional cases presented above and with the prior agreement of the Seller.
Undated Tickets, whether valid for one or more days, cannot be modified or exchanged.
- Modification by the Seller
In the event that the Seller is forced to cancel or modify an essential element of the Tickets previously ordered by the Buyer, the latter has the right to refuse the proposed modification and to obtain a full refund of the price of the Tickets ordered.
VALIDITY OF TICKETS
Tickets give access to the water park, to the various activities offered and to the Frenzy Waterpark facilities open to the public on the day of their holder's visit, subject to access restrictions based on age, size or the safety of the visitors.
Ticket holders must ensure that the Frenzy Waterpark is open on the day of their visit. The Frenzy Waterpark also reserves the right to refuse the holder of a Ticket access to the park or to one of the attractions or equipment, if the Ticket is illegible, crossed out, damaged, incomplete, partially printed or falsified.
RULES OF SAFETY AND GOOD CONDUCT
It is mandatory for people who cannot swim to wear a life jacket.
It is obligatory :
• to wear a life jacket for people who cannot swim properly.
• take a shower before entering the pools.
• to wait until the pool/slide is empty before starting.
• to evacuate the pool/slide immediately.
• to be in good health and not to be affected by any physical and/or psychological disorder.
It is strictly forbidden :
• to bring a picnic or drinks, to eat or drink at the edge of the pools.
• to smoke in the indoor and outdoor spaces (except areas provided for this purpose), to bring hookahs, chichas or other water pipes.
• to practice apnea, dive and/or push oneself in the water as well as run around the pools, play ball, violent or noisy games.
• introduce and wear diving masks/goggles, flippers or any other object that could represent a danger for the users or the facilities of the Water Park.
• to form groups that may interfere with the free movement of users.
• to circulate within the wetlands in town shoes, trainers, etc.
• to practice naturism and/or topless (bare breasts).
• divert the normal use of footbaths and facilities.
• play with any blunt object and throw any object into the water.
• to climb the facilities and any development of the Aquatic Park.
• to practice the activity in a drunken state or under the influence of narcotics which may impair one's abilities.
Swimming trunks, swimsuits (1 or 2 pieces) and swimming shorts are authorized for swimming and the practice of the various activities. Complete outfits, t-shirts and other textile accessories are not authorized for swimming and the practice of activities for reasons of hygiene and safety except for people with a disability or a disorder preventing exposure skin in the sun (a medical certificate or prescription may be requested as proof).
The Frenzy Waterpark has CCTV cameras.
By entering the park, you authorize and transfer your image rights to FRENZY WATERPARK. This permission may include use for advertising purposes.
The sale of alcohol and its consumption within the park is reserved for adults and prohibited for minors. If in doubt, the park staff can ask for proof of physical identity and refuse to serve the person if they do not present a physical document proving that they are of legal age. Alcohol abuse is dangerous for your health, consume in moderation.
Failure to comply with these regulations may result in permanent exclusion without financial compensation from the Seller.
For any purchase made on the Website for an amount greater than or equal to €120, Frenzy Waterpark ensures the retention of the details of the order evidencing the purchase until the end of a period of ten years following the use of the Tickets and guarantees access to them at all times to the Purchaser if the latter so requests in accordance with Article L.213-1 of the Consumer Code.
ENTRY INTO FORCE OF THE CONDITIONS
These conditions apply to all Ticket purchases from January 1, 2023.
CHANGES TO TERMS
The Frenzy Waterpark reserves the right to modify all or part of these Conditions without notice. This also includes the price of the Tickets. The Purchaser may consult these conditions before any purchase of Tickets.
PROCESSING OF PERSONAL DATA
The personal data collected with the Buyer's consent on the Frenzy Waterpark Website is subject to computer processing, in compliance with law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended.
The person responsible for this processing is Frenzy Palace, represented by Damien Clet, whose contact details appear in the legal notices of the Website.
The personal data collected from a Buyer is subject to computer processing, the sole and exclusive purpose of which is the management and delivery of Tickets and the execution of orders made by the Buyer, the management of access visitors to the Park and the sending of commercial offers electronically or by post if the latter has given his consent.
The recipient of all of this data is none other than the Frenzy Waterpark represented by the company Frenzy Palace.
Any person whose data has been collected has the right to access, rectify and delete this data as governed by the General Data Protection Regulations (GDPR). This right can be exercised on simple request to the Frenzy Waterpark by contacting us by post or by email using the contact details specified beforehand. The Buyer may also, for legitimate reasons, oppose the processing of data concerning him.
INTELLECTUAL PROPERTY RIGHTS
The Frenzy Waterpark owns all content presented on its website. The use of these elements without prior agreement is prohibited. This prohibition includes the copying, reproduction, modification, publication, downloading or transmission of all or part of these elements in any form, means or purpose whatsoever. For any use of this same content, the Frenzy Waterpark must give its prior consent.
The Frenzy Waterpark is responsible for the proper execution of the order made by the Buyer under the conditions mentioned above.
In the event of violation of the park's internal regulations, the Frenzy Waterpark declines all responsibility for the expulsion of the visitor. The latter may not claim any compensation or refund of his Ticket whatsoever.
The Frenzy Waterpark is the only decision-maker empowered to determine the operating and maintenance conditions of its leisure park according to its needs or constraints. It also decides alone on its opening period, its opening hours to the public, its prices, the services and attractions offered as well as the conditions of use and other terms and conditions of sale of the products and services offered to the public within of the park.
The Frenzy Waterpark also decides and manages voluntarily and in compliance with the conditions, standards and guidelines governing its activity of the program of maintenance, repair, rehabilitation and renovation of all or part of the leisure park. All of this with the aim of ensuring the safety and health of people and property within the park.
On the day chosen for the visit and in the event of carrying out work necessary for the safety and protection of visitors, the Frenzy Waterpark reserves the right to refuse the holder of a Ticket access to the park or to any activity, attraction that this either without reservation. The weather conditions, periods of high attendance or cases of force majeure which may lead to a total or partial closure of the park are also concerned and this without possible recourse from the Buyer.
The responsibility of the Frenzy Waterpark can in no way be engaged regarding Buyers with Tickets because of the decisions taken by the park concerning these operating and maintenance conditions. Frenzy Waterpark, which is bound only by an obligation of means with regard to online sales, cannot be held liable for damages inherent in the use of the Internet network, in particular in the event of a break in the service or the presence of a computer virus.
The Frenzy Waterpark cannot be held responsible in the event of loss or theft of tickets or personal items of visitors.
The obligations of Frenzy Waterpark are suspended without its liability being incurred in the event of non-performance linked to an event of force majeure or fortuitous events such as bad weather, floods, fires, attacks, decisions of the authorities, strikes, etc. This list no. is not exhaustive but it includes this type of event which cannot be foreseen and anticipated. The Frenzy Waterpark will inform the Consumer of the occurrence of this event by any means available. If the Consumer encounters this type of case, he may be offered a postponement of the visit date by the Seller.
The Frenzy Waterpark has taken out a professional civil liability insurance contract MMA IARD Assurances Mutuelles (contract number 129 298 948).
This contract guarantees the professional civil liability (under the terms and conditions provided for by the legislation in force) of the company SARL Frenzy Palace represented by Mr Damien Clet and domiciled at 169 Lieu-Dit les Rôtes 66440 Torreilles.
APPLICABLE LAW AND DISPUTES
These conditions are subject to French law.
Any complaint relating to the purchase of a Ticket must be addressed to Frenzy Waterpark :
-By post: Frenzy Waterpark 169 Lieu-Dit les Rôtes 66440 Torreilles
-By email: email@example.com
In the absence of an amicable settlement, the French courts will have sole jurisdiction.