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General Rules and Conditions

1. Terms and Conditions

The following terms and conditions regulate your access to and use of our website, and our contractual relationship with you when you purchase goods and/or services.

2. Privacy Policy

Our Privacy Policy relates to the Luna Park Scarborough website located at www.lunaparkscarborough.com. We are committed to protecting your privacy and the following gives you information on how we will collect, use, hold and disclose your personal data, and how we will comply with our legal obligations in relation to that data. Personal data is information which relates to an individual and from which he/she can be identified either directly or indirectly, which individuals are referred to as data subjects.

2.1. Use of our website

You may use aspects of our website without the need to provide personal information, however, other aspects may not be available without personal information, e.g. ordering products/services online, entering competitions, applying for employment or registering for promotional offers. We may collect anonymous information about your use of our website from Cookies* and/or pixel tags. This collected information is used for statistical analysis within our business. However, our use of cookies and/or pixel tags is in accordance with the Law and you can choose whether or not to accept them. We may also collect Internet Protocol addresses to assist us to diagnose and rectify problems with our Servers, but these addresses will not be linked to a person’s name or identity. If our website contains links to other websites then we are not responsible for those site and you must check privacy and security on these.

2.2 Your Information

Your information refers to the details about you (for example name, address, contact details, credit/debit card details, preferences, specific needs, interests etc.) that you supply to us or is supplied to us. Your information is collected when you request information from us, apply for a job with us, contact us with regard to any specific enquiry, register with us, enter a competition or buy anything from us online. The amount of information we collect is controlled by you.

2.2.1 Use of Information

We will use your information for (i) the fulfilment of a contract between you and us, (ii) to provide you with periodic information about our business, products and services, based on your preferences and consent, (iii) informing you of updates to our terms and conditions and Privacy Policy, (iv) to administer our website, (v) make an enquiry about us and/or seek information about or products and services, (vi) apply for employment, (vi) and seeking your further consent.

2.2.2 Location of Information

Your information will be held in either our own (or a third party with whom we have a contractual relationship) secure databases at a secure addresses to prevent unauthorised access. The systems used are configured with data encryption or scrambling technologies and industry standard firewalls. Unless fulfilment of our obligation to you requires your information to pass outside the EEA then it will remain within the EEA. Control of information outside the EEA may be less than within.

2.2.3 Controller/Processor

Luna Park Leisure Limited is the data controller, and your data is processed by its staff for whom it has responsibility.

2.2.4 Third Parties

If you are providing information on, or for and on behalf of, third parties then it is your responsibility to obtain their consent and make them aware of our Privacy Policy. We will not share your data with any third party except those who are needed for us to fulfil our contract with you and/or who provide services to us to enable us to carry out market research but this is limited to enquires into your visit to our Amusement Park and you are free to refuse to participate.

2.2.5 Amendments

To enable us to improve our product(s)/services(s) we review our Policies periodically and amendments may be made and if these are relevant in relation to our use of your data then we shall contact you to ask for your consent.

2.2.6 Retention

We will retain and store your information for as long as is reasonably necessary for the matters set out in 2.2.1 and will not be retained indefinitely or for reasons incompatible with relevant data protection legislation.

2.2.7 Health, Safety and Security

We operate CCTV at Luna Park in certain areas and your image may be captured and processed and this is done to assist us and any Statutory Body in ensuring your reasonable safety and security during your visit. In the unlikely event that you require first aid assistance whilst visiting our Amusement Park, then trained members of staff will administer this. As part of this provision, staff will ask you for information about you and your health in order that the correct assistance is given and this will be recorded upon a first aid document which may be shared with the Ambulance or other emergency services, and retained by us in the event of any civil or criminal proceedings, within which it may be disclosed. The retention, use and sharing of data may not require your consent on the grounds of legitimate interests and the necessity to comply with a legal obligation, including assisting the relevant agency in relation to the prevention and detection of crime or terrorist activity.

2.3 Your rights in relation to Data

Should you have any concerns regarding the information which we hold in respect of you then please contact us so that we can rectify any issues. You have the right to (i) request a copy of your personal data, (ii) request inaccurate personal data is corrected, (iii) request that personal data is erased, (iv) opt out of receiving communications from us. When contacting us, we may require evidence of your identity and (in the event that your request is manifestly unfounded and/or excessive) then to raise an administrative charge. We aim to deal with your request within 30 days. Further information is available from the UK Information Commissioner website. https://www.ico.org.uk

2.4 Contact Us

Our contact details are set our at Section 12, below.

3. Funcard Purchases

Ride Fun Cards

3.1. The issue of a fun card or wristband shall not guarantee, nor do we warrant:

  • The availability and/or quantity of any particular ride(s), device(s) or attraction(s) upon any visit to Luna Park.
  • That access shall be given to any particular ride(s), device(s) or attraction(s),
  • Exemption from height or other restrictions that may apply from time to time,
  • The opening and closing time of Luna Park, which may vary from time to time, at our sole discretion.

3.2 Credit’s are valid for 1 year from the date of purchase.

3.3 The opening and closing of any ride(s), device(s) and attraction(s) may vary from time to time and are at our sole discretion

3.4 No refunds will be given on fun cards in any circumstances.

3.5 The access time to ride(s), device(s) and attraction(s) may vary.

3.6 Fun cards issued pursuant to a promotion, must be used by the first recipient and shall not be re-sold nor transferred.

3.7 We reserve the right to:

  • Alter or amend these terms and conditions at any time,
  • Refuse a sale to any person
  • Refuse entry to any person or remove any person from Luna Park
  • Carry out reasonable searches of an individual or property prior to entry to Luna Park
  • Carry out reasonable surveillance of an individual whilst in Luna Park for security and safety purposes
  • Cancel any orders containing pricing errors, with no further obligations to you.

4. Obligations

We will provide you with up to date information on the functionality of our website, and advice and assistance on any upgrades or changes to its functionality as we deem necessary; and use reasonable endeavours to comply with any statute, regulation or other ordinance as and when they come into force.

Your obligations

You agree that you will only use our website in accordance with the Privacy Policy and our Terms and Conditions, and shall comply with all applicable laws and regulations. You represent, warrant and undertake that you will not do anything nor cause or permit anything to be done that may infringe, damage or endanger our intellectual property rights or any of our associated companies or any third party or do anything that is otherwise unlawful.

5. Warranty

Exclusion of warranty We try to make sure the information contained on our website is as accurate as reasonably possible. However we give no warranty of any kind regarding our website and/or any materials provided on it. We do not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on it. All information posted on our website is correct at time it is posted and is subject to change.

6. Liability

We accept no responsibility and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in our website. In no event shall we be liable for any injury, or loss, claim, damage, or any exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with:

  • Any use of our website or content found therein
  • Any failure or delay (including, but not limited to) the use of or inability to use any component of our website
  • The performance or non-performance by us
  • The provision of or failure to provide services
  • Any information, software, products, services related graphics obtained through our website. Any dealings you have with third parties via our website are your responsibility. Should a dispute arise between yourself and any third party due to use of our website we will do our best to assist its resolution but will not be responsible for any loss or damage suffered as a result. We may provide links to other web sites, resources, advertisements or sponsorships either directly or through contractual partners. We accept no responsibility for these links and does not endorse their contents. If you decide to access other websites, you do so at your own risk.

7. Indemnity

You shall indemnify us and keep us indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by us whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of our Privacy Policy and/or any of the Terms and Conditions.

8. Intellectual Property

The copyright in the material contained in our website and any Luna Park Leisure Ltd trademarks and brands included in that material belongs to Luna Park Leisure Ltd or its licensors. Any person may copy any part of this material from this website, subject to the following terms and conditions:

  • The material may be used only for that person’s own personal use for non-commercial purposes; The copies must retain any copyright or other intellectual property notices contained in the original material; and
  • The products, technology or processes described in this website may be subject of other intellectual property rights reserved by Luna Park Leisure Ltd or by other third parties. No licence is granted in respect of those intellectual property rights. Images, trademarks and brands displayed on our website are protected by copyright, trademark and intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners.

9. General

We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by reasons of acts of God, war and any other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts of restraints of Government, imposition or restrictions of imports or exports or any other cause not within our reasonable control.

The opening and closing times of Luna Park are estimated and are so we may vary the times from time to time at our sole discretion. Funcards are leisure services for the purposes of the Consumer contracts (information, cancellation and additional charges) Regulations 2013 Regulation 28 applies to the contract between you and us in relation to these and you do not have a right to cancel.

If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.

These terms and conditions and any contract between us shall be governed by and construed in accordance with English Law and the English Courts shall have jurisdiction over any disputes between us.

In the Privacy Policy and Terms and Conditions the following words mean as stated: Luna Park Leisure Ltd means itself and all other associated companies which supply the goods and/or services ordered by you and any successor to its business;

“We and Us” means Luna Park Leisure Ltd either alone or together with you, as the context requires;

“Working day” means every day of the year except weekends, and English statutory and public holidays;

“You and Your” means the person who provides us with personal information and/or orders good and/or services. Our details Luna Park Leisure Ltd, Luna Park, Sandside, Scarborough, North Yorkshire, YO11 1PG

Email: info@lunaparkleisure.com

10. Aerial Photography

Luna Park is a no fly drone zone. Anyone found flying a drone over Luna Park will face legal action.

11. Severability

These terms and conditions shall be deemed severable. In the event that any provision is determined to be enforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Changes to the Terms and Conditions

We reserve the right to make changes to the Terms and Conditions at any time.

13. Entire Agreement

These Terms and Conditions, together with those incorporated herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.

14. Governing Law

These Terms and Conditions shall be governed and interpreted in accordance with the laws of England and Wales.