Merlin Monthly Membership Terms & Conditions

2022 Silver Monthly Membership Terms and Conditions

This document sets out the terms and conditions ("Terms") on which we supply Silver Monthly Membership ("Membership") to you ("Passholder" or "you"). Please read these Terms carefully before you submit your order for any Membership to us. These Terms tell you who we are, what we provide to you under the Membership and other important information.   

  1. We are Merlin Attractions Operations Limited, a company registered in England and Wales, with company number 06272935 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 Membership and are independent of any other contract. Use of a Membership at the Attractions (as defined in Term 25) is also subject to the regulations of each individual Attraction, copies of which are available at each Attraction or can be obtained online on each Attraction's website. Please familiarise yourself with these regulations before purchasing your Membership.
  3. When you place an order for a Membership on the Merlin Pass Monthly Membership website at www.merlinannualpass.co.uk("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 digital Membership Pass ("Membership Pass") will be sent to you via the email address you provided when you submitted your order.

Minimum Term 

  1. Your Membership entitles you to access Merlin attractions as set out in Term 25 from the Start Date (as defined in Term 8) during each month for which you have paid the monthly membership fee ("Validity Period").
  2. THE MINIMUM TERM OF YOUR MEMBERSHIP IS 12 MONTHS FROM THE DATE ON WHICH WE ACCEPT YOUR ORDER (the "Minimum Term").
  3. YOUR MEMBERSHIP MAY NOT BE CANCELLED OR TERMINATED BY YOU DURING THE MINIMUM TERM EXCEPT AS SET OUT IN THE "RIGHT TO CANCEL" SECTION BELOW.
  4. AFTER THE MINIMUM TERM, YOUR MEMBERSHIP RENEWS EACH MONTH UNTIL YOU CANCEL IT IN ACCORDANCE WITH THE PROVISIONS UNDER SECTION "CANCELLATION OF YOUR MEMBERSHIP" BELOW.

Right to cancel 

  1. You can contact us within 14 days of entering into this contract (which happens when you purchase your Membership as described in Term 3) to cancel your contract and receive a refund as follows: to exercise your right to cancel, go to

https://support.merlinannualpass.co.uk/hc/en-us/requests/new?ticket_form_id=360000175252 

and complete and submit the cancellation form during the 14-day period or contact us during the same period with the completed model cancellation form at the end of these Terms. The Membership starts immediately after your purchase ("Start Date") as requested by you on the Website at the time of purchase (by clicking the relevant box just before payment). If you have used your Membership during the 14-day cancellation period before contacting us to cancel your Membership, you must pay us the amount proportionate to the services supplied before cancellation and we are entitled to deduct the joining fee from the amount refunded to cover our costs for the services provided before cancellation. 

Cancellation of Your Membership 

  1. After you have completed your 12-month Minimum Term, you can cancel your membership by submitting an online cancellation request via www.merlinannualpass.co.uk/cancelmymembership. If we have received your request to cancel five or more days before your next payment is due, we will cancel your membership on the day before your next payment is due (for example, if you requested to cancel on the 10th May and your next payment was due on 7th June, we would cancel your membership on the 6th June). If we have received your request to cancel less than five days before your next payment is due, your monthly fee is payable when your next payment is due and we will cancel your membership on the day before the immediately subsequent payment is due (for example, if your request to cancel is received on 3rd June and your next payment was due on 7th June, you will still have to pay your monthly fee on 7 June and we would cancel your membership on the 6th July).

Fees and Payments 

  1. When you purchase a Membership you agree to pay:

10.1 an initial joining fee, and 

10.2 a monthly membership fee, as set out in your order page on the Website in accordance with these Terms. 

  1. You should note that your joining fee and monthly membership fees may be different from others’ joining fee and monthly membership fees because of discounts or promotions offered to others for which you may not be eligible or which are not available at the time you sign up.
  2. Please only make bookings using your Pass if you are able to visit on that day. If you do not visit the attraction using your Pass before closing time on the day of the booking, we reserve the right to mark your Pass with a 'no show' and you will receive an email from us confirming this the same. 

If you are a 'no show' three times within a 90 day period, we may also pause your Pass. If this happens, we will email you, and you will not be able to make any further bookings for 14 days after receipt of that email.   

If you would like to discuss or query any 'no show' status, or to cancel any bookings, please contact our call centre on 01372 751411 (local rate number) on Monday - Friday from 9am - 4pm or fill in our contact form at https://support.merlinannualpass.co.uk/hc/en-us/requests/new to chat through your options with us. 

  1. Your monthly membership fee will not change during the Minimum Term.
  2. If Merlin wants to apply an increase to the price of your future monthly membership fee payments, Merlin will give you notice of its new monthly membership fee by sending a notice to the e-mail address you provide.  If you do not wish to continue your Membership at the new monthly membership fee payment amount, you may cancel your Membership by contacting us within 30 days of receiving such notice. See the "Cancellation of your Membership" section above for how to do this.
  3. When you order a Merlin Pass Monthly Membership you are required to specify your payment card ("your payment card"). You can change or update your payment card at any time via the Memberships payment portal at www.merlinannualpass.co.uk/membershippaymentportal. It is your responsibility to ensure that the payment card you specify is valid at all times and has not expired by keeping your payment method up to date. If funds available through your payment card are not sufficient to cover any payment when due, you are responsible for providing Merlin with access to another acceptable payment card to pay the full amount due.
  4. Merlin will charge your payment method each month as follows:

16.1 in the first month, for the full initial joining fee and the first monthly membership fee 

16.2 in each subsequent month, for the monthly membership fee 

  1. Your monthly payment will be due and payable, and Merlin will charge your payment method, on or about the same day each month as the date you purchase your membership (e.g. if you purchase your membership on the 10th of the month, your monthly payment method will be charged on or about the 10th of each month). The amount that will be charged to your payment method and the day on which it becomes due can be viewed on the Memberships payment portal, which you will receive the link for, via email, when you start your Membership. You can also access the payment portal through the Merlin Pass Help Centre at www.merlinannualpass.co.uk/membershippaymentportal.
  2. If Merlin is unable to obtain payment the first time Merlin attempts to charge your payment method, Merlin will:

18.1 attempt to charge your payment method repeatedly until payment in full is received; and 

18.2 notify you that payment has been unsuccessful by sending a notice to the e-mail address you have provided. 

  1. 19. If you receive notification from Merlin that your payment method has been unsuccessful, it is your responsibility to:

19.1 ensure you have sufficient funds available for Merlin to successfully charge your payment method; or 

19.2 provide Merlin with the details of another payment method that is acceptable to Merlin for the specific missed payment; or 

19.3 update your payment method for the specific missed payment and all future payments as set out in Term 15. 

  1. 20. IF ANY PAYMENT DUE IS NOT RECEIVED (OR IS REVERSED) AT ANY TIME DURING THE TERM OF THIS AGREEMENT, THE MEMBERSHIP(S) WILL BE SUSPENDED AND THE PASSHOLDER(S) WILL BE REFUSED ADMISSION TO MERLIN ATTRACTIONS OR ACCESS TO OTHER BENEFITS UNTIL PAYMENT IS MADE.
  2. 21. IF MERLIN IS UNABLE TO SUCCESSFULLY TAKE PAYMENT FROM YOUR PAYMENT METHOD AFTER 45 DAYS, MERLIN WILL REVOKE YOUR MEMBERSHIP IMMEDIATELY.
  3. 22. If your Membership is revoked in accordance with these Terms, your Membership will be permanently deactivated and the Passholder will no longer be eligible to receive any of the benefits of the Membership.
  4. 23. IF YOUR MEMBERSHIP PASS IS REVOKED IN ACCORDANCE WITH THESE TERMS, MERLIN WILL STILL BE ENTITLED TO RECOVER ANY UNPAID MEMBERSHIP FEES FROM YOU.
  5. 24. Failure to use the Membership or your Membership benefits does not relieve you of responsibility for payment. In addition, regardless of the number of times a Membership is used, there are no refunds on amounts paid for any Membership except as set out in the "Right to cancel" section above.

Silver Membership - Benefits, Exclusions, and Conditions 

  1. 25. The Merlin attractions at which the Membership Pass can be accepted, subject to relevant restrictions set out in these Terms and the relevant attraction's regulations, and are part of the Membership scheme are: Alton Towers Resort Theme Park, LEGOLAND® Windsor Resort Theme Park, THORPE PARK Resort Theme Park, Chessington World of Adventures Resort Theme Park, Warwick Castle, DreamWorks Tours Shrek's Adventure! London, Madame Tussauds London, the London Eye, LEGOLAND® Discovery Centre (Birmingham, Manchester), the Blackpool Tower Attractions (the Blackpool Tower Eye, the Blackpool Circus, the Blackpool Tower Ballroom), Madame Tussauds Blackpool, SEA LIFE Centres & Sanctuaries based in the UK (Birmingham, Blackpool, Bray, Brighton, Great Yarmouth, Loch Lomond, London, Manchester, Hunstanton, Scarborough, Weymouth), The Dungeons (London, Edinburgh, York, Blackpool) based in the UK and The Bear Grylls Adventure (4 specific activities, see attraction website for full details). (All of these attractions shall be collectively referred to as "Attractions" and "Attraction" shall be interpreted accordingly).

25.1 No other Merlin attraction will be part of the Membership scheme unless expressly notified by Merlin. If you turn up to any attraction which is not listed above, the attraction staff have the right to refuse your entry using your Membership and require you to buy a non-refundable full price ticket for entry into the relevant attraction on that day. 

25.2 Before booking or visiting an attraction, please check if your Membership Pass is valid at that Attraction on the Website or contact the Merlin Annual Pass team directly, using the contact details on www.merlinannualpass.co.uk. 

  1. 26. Access based on Membership

26.1 A Membership entitles the Passholder to admission to the Attractions during the Validity Period subject to the operating calendars of each Attraction and any applicable exclusion dates that apply at the relevant time. The opening and closing dates of the Attractions may be changed by the Attractions during the Validity Period and any part of the rides, events or facilities within the Attractions may be closed, removed or cancelled for maintenance, health and safety and/or other operations reasons set out in the Attractions' regulations or due to special events or private functions. Please check individual Attraction opening and closing dates on the relevant Attraction's website and the Membership exclusions and restrictions set out in this Term 26 before your visit. PLEASE NOTE THAT NOT ALL ATTRACTIONS ARE OPEN ALL YEAR. 

26.2 Merlin, in its absolute discretion, reserves the right to vary the opening and closing dates of the Attractions, to require pre-booking for any Attraction (for which a small fee may apply), to impose or vary limits on the numbers of persons (or of particular categories of persons based on matters including but not limited to what type of pass or entry ticket they may intend to use) allowed to book entry for or to enter any Attraction on any given day/ at any given time, and to close, remove or cancel all or any part of the rides, events or facilities within the Attractions, in each case for any reason including, but not limited to, technical, health and safety, legal, regulatory and/or operational reasons or due to special events or private functions. Any such variation, requirement or other change shall take immediate effect upon its adoption by Merlin. Unless you have exercised your right to cancel your Membership within 14 days of entering into this contract as described above, the full value or any part of the value of the Membership will not be refunded nor will any compensation be payable if any of the Attractions become unavailable or if any or part of any of the Attractions are closed or removed from the Membership scheme. Merlin will endeavour to publish relevant information as soon as possible if an Attraction requires advance booking, is operating under capacity restrictions, has reached capacity, has booked out of all or certain categories of entry slots at certain times/ on certain days, is closing or where certain rides or part of an Attraction becomes unavailable. Passholders are advised to check the relevant Attractions 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 some Attractions are subject to adverse weather conditions and therefore Passholders are advised to check the relevant Attraction website before travelling. 

26.3 The Silver Membership Pass does not allow entry to any Merlin attraction on the following: 

The following peak dates in 2022: 12th-13th, 19th-20th February, 15th-18th April, 01st-02nd May, 02nd-05th June, 16th-17th, 23rd-24th & 30th-31st July, 6th-31st August, 1st, 8th, 15th, 22nd & 24th-31st October, 4th-6th November and 25th & 31st December 2022 (all dates inclusive). 

Merlin may, at any time, in its absolute discretion, add any further exclusions which shall be applicable to the Silver Membership Pass as determined by Merlin. 

26.4 Rides, attractions within an Attraction, and Attractions generally are subject to availability and capacity. 

26.5 The Membership does not give access to, and entry is subject to additional applicable charges such as entrance fees, reservation or pre-booking fees (where applicable), parking fees, and/or booking fees, for entry into any events or attractions at the Attractions where participation or entry are made subject to additional charges to the charges to enter the Attractions. Such events or attractions to which additional charges apply include for example any concerts, themed and/or special events and theme parks inside the Attractions. Please refer to the Attractions' websites for details of the events and attractions to which additional charges apply. Merlin may, in its absolute discretion, add any further restrictions from time to time which shall be applicable to the Membership as determined by Merlin or in accordance with Term 26. 

26.6 The Membership Pass will not guarantee immediate entry to any Attraction or any event at any time. At Attractions or events which allocate individual time slots for entry or where pre-booking is required, Merlin Passholders are required to book an available time slot or pre-book their entry in advance in order to access the Attraction or an event, otherwise they will not be permitted entry. Please note that all time slots are subject to availability, and that there may be different allocations of time slots for different categories of customer (eg based on ticket or pass type), so early booking is recommended. Passholders are able to book an available time slot online by visiting the relevant Attraction's website, however a small fee may apply. When any Passholder has booked a timeslot (irrespective of Pass type), the Attraction may ask such Passholder to leave the Attraction at the end of their allocated timeslot. 

26.7 A Membership is only valid for use as a Standard London Eye ticket at the London Eye, a Membership may not be used for any of the following: 

26.7.1 Admission on to the London Eye River Cruise; 

26.7.2 Pre-booked capsules; 

26.7.3 Private capsules; 

26.7.4 Civil ceremonies or weddings; 

26.7.5 Champagne Experience; 

26.7.6 Themed seasonal tickets; or 

26.7.7 Packages, such as restaurants, hotels, theatre and combination tickets. 

26.8 The management of the relevant Attraction, acting reasonably, reserves the right to refuse admission or to refuse to allow pre-booking, at any time and for any reason including, but not being limited to, the Attraction being at full capacity. 

26.9 All Passholders are subject to a bag search on entry to any Attraction. Refusal to allow a search may result in access to the site being denied on the date of visit. 

26.10 Height, weight, age restrictions and medical warnings apply to certain rides and attractions. 

  1. 27. Discounted entry tickets

27.1 A Membership entitles the Passholder to purchase up to five discounted entry tickets for family and friends per individual Attraction per visit (excluding any secondary attractions including, but not limited to, the Alton Towers Waterpark and special events). Such discounted entry tickets are subject to certain restrictions under the Attractions' regulations, further information and details of which can be found at the relevant Attraction's website. The Passholder must be present on the day of the visit and a valid Membership 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 relevant Attraction's website. 

27.2 A Membership entitles the Passholder to one standard seat in the Blackpool Tower Circus per Passholder on the day of their visit, subject to availability. Alternatively, in order to guarantee a seat on a specific day, the Passholder can pay £5 in order to book their standard seat in advance. 

  1. 28. Merlin Membership Pass

28.1 To use a Membership, the Passholder must show the Merlin Membership Pass at the admissions office, turnstile or other authorised entry point of the relevant Attraction. Entry to an Attraction by use of a Membership Pass will only be permitted if a valid Membership Pass can be presented (digital). Failure to present a valid Membership 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 relevant Attraction, which will be non-refundable. Re-entry to the same Attraction on the same day requires a hand stamp which will be given to the Passholder by the Attraction on exit from the Attraction. 

28.2 A Membership 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 Validity Period (as defined in Term 4). Photocopies of a Membership Pass will not be accepted at an Attraction and Attraction may refuse entry to any person attempting to use a Membership 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 Membership Pass by someone other than the photographed and named holder will result in access at the Attractions being refused and, where the Passholder was involved in the sharing of the Membership Pass or failed to keep the Membership Pass in a safe and secure location, Membership being revoked. For this reason, you should ensure that the Membership Pass is kept in a safe and secure location where others will not have access to it. 

28.3  The Membership Pass remains the property of Merlin and can be withdrawn at any time. Passholders shall take all reasonable steps to ensure that a Membership Pass is kept secure at all times and any Membership Pass which has been lost, stolen and/or damaged should be reported immediately pursuant to Term 28.6. 

28.4 Membership Passes cannot be sold, loaned or given away to or used by a third party. A Membership 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. 

28.5 Access will be denied to any or all Attractions and the relevant Passholder's pass revoked, if (i) the Passholder is guilty of fraud or attempted fraud in respect of the Membership, (ii) there is misuse of the Membership in breach of these Terms (e.g. abuse of the Membership 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 Attractions, or allowing or assisting a third party to attempt to do any of the foregoing or gain unauthorised or improper access to any Attraction with a Membership Pass of which they are not the valid holder. 

28.6 In the event of a lost, stolen and/or damaged Membership Pass, the Passholder should contact Merlin directly to have the relevant Membership Pass blocked. Contact details are set out at Term 1. 

  1. 29. A Membership 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 relevant 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.
  2. 30. Merlin reserves the right to vary these Terms by giving Passholders no less than 30 days’ written notice of such variation using the details provided to Merlin when the Passholder purchased a Membership and by making note of such changes available on the terms and conditions page of the website at https://www.merlinannualpass.co.uk/information/terms so please review the website periodically for changes. If you do not accept the amended terms, this may affect our ability to provide certain products and services to you.
  3. 31. Memberships are non-refundable except as provided under section "Right to cancel".
  4. 32. Merlin is entitled, in its absolute discretion, to offer from time to time promotional offers for purchasing the Membership at specific Attractions, online, or through third party channels.
  5. 33. On the presentation of a Membership 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. A list of the current benefits available directly from Merlin can be located at merlinannualpass.co.uk/passholder-huband are subject to availability.
  6. 34. All Passholders, their family members and friends entering a Merlin 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 relevant Attraction's website before booking a visit or visiting.
  7. 35. 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 

  1. 36. 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. 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 privacy@merlinentertainments.biz.
  2. 37. Each Passholder will be issued with their own Membership 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 

  1. 38. If a disabled person has purchased a Membership and completes a Carer Pass application online, at their own discretion, providing 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 digital Carer Pass which enables them to bring their carer into an Attraction with them at no additional cost.
  2. 39. A carer pass will be issued with a disabled Passholder's Membership where evidence of the disability has been provided by the relevant Passholder via the online application form and approved by Merlin. Once documentation has been approved, Merlin will provide a unique code and link for the Passholder to process their digital 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. 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 an 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 an Attraction Merlin may, at its sole discretion, issue the carer with a day ticket. The Carer Pass entitles the designated carer admission to the Attractions only and does not entitle the designated carer to any other benefit including, but not limited to, privilege packs and their associated contents. The details and photograph associated with the Carer Pass must be that of the disabled Passholder. Use by the Passholder and/or their carer of either the Pass and/or the Carer Pass in breach of these Terms may result in both the Pass and the Carer Pass being revoked without compensation. in accordance with Term 31.
  3. 40. Whilst a Membership entitles the holder to admission to the Attractions, 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 theme park Attractions 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 an 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 for each Attraction and therefore we recommend visiting the Attraction's website to view the terms ahead of your visit.

Governing law 

  1. 41. These Terms are governed by and construed in accordance with English law.

Contact 

  1. 42. You can contact us by writing to us at info@merlinannualpass.co.ukorFAO: Merlin Annual Pass Team, Chessington World of Adventures, Leatherhead Road, Chessington, KT9 2NE.  If we have to contact you, we will do so using the contact details you provide when you purchase a Membership or updated details that you provide with us during the term of your Membership.

Model cancellation form  

To: FAO: Merlin Annual Pass Team Membership Cancellation  - Urgent 
Chessington World of Adventures 
Leatherhead Rd 
Chessington 
KT9 2NE 
info@merlinannualpass.co.uk 
 
I hereby give notice that I cancel my contract for the supply of the following service: Gold Monthly Membership 

Ordered on ………………….. 

Name: ………………….. 

Address:………………………………………………………………….…… 

Signature:…………………………………… (Only if this form is notified on paper) 

Date: …………………………….    

 
Fair Processing Notice 

Merlin Attractions Operations Limited ("Merlin") is a British-based entertainment company, with a registered office at Link House, 25 West Street, Poole, Dorset, BH15 1LD, whose business is about creating unique, memorable and rewarding visitor experiences. A list of the Attractions and a note of the companies that make up the Merlin group which help to achieve this is available at www.merlinprivacy.com/uk/attractions ("Merlin Group"). Merlin values the privacy of those individuals that it provides Gold Monthly Memberships to. This fair processing notice ("Notice") sets out the basis on which Merlin processes and protects the personal data we collect from you in connection with the Gold Monthly Memberships (the "Membership"). 

As Merlin is the company which was originally responsible for collecting information about you, it will be the Data Controller and can be contacted using the details set out below. You should be aware that although Merlin is principally responsible for looking after personal data collected in connection with a Gold Monthly Membership, information is likely to be held in databases which can be accessed by other Merlin Group companies, and other entities in the Merlin Group may also be Data Controllers where they control the use or processing of such data. In the context of the Memberships, Merlin will however be the single point of contact for all Merlin Group Data Controllers who can be contacted using the details set out below. 

WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU? 

In relation to potential, historic customers and current Passholders, we collect "Personal Information". This refers to information which identifies or is capable of identifying you as an individual. We collect the following data directly from you in the course of administering or promoting our Membership: 

  • Information that you provide when applying for a Membership. 
  • Details of any concerns if you contact us with a query or issue. 
  • When you complete a survey to tell us how your experience of our attractions was and how we can improve, although you do not have to respond to them. 
  • Details of transactions you carry out to purchase a Membership including your credit/debit card details. 
  • Your name, address, telephone number and/or email address and any other data fields noted in Term 40 in order to contact you with details of your Membership or in the unlikely event that we need to contact you urgently about your Membership. These details are mandatory and failure to provide means that we cannot provide you with a Membership. 

We comply with principles of "data minimisation", and only collect the types and volume of Personal Information required to achieve the purposes set out in this Notice. 

WHAT PURPOSES DO WE USE YOUR PERSONAL INFORMATION FOR AND WHAT IS THE LEGAL BASIS? 

We will use the Personal Information we collect for the purposes of: 

  1. contacting you in relation to service information, including, but not limited to, information about changes to these Terms, expiry and/or renewal reminders for your Membership; 
  1. ensuring the security and safety of our attractions as covered by your Membership; and 
  1. carrying out our obligations arising from any contracts entered into between you and us and ensuring we receive payment as required. 

We may also send you marketing materials (where we have appropriate permissions) as explained in more detail below. Merlin does not however send marketing materials to any child under the age of 13. 

We will also need to use your personal data for purposes associated with our legal and regulatory obligations, including in relation to ensuring the health and safety of Passholders at any of our Attractions. 

In the majority of cases, the processing of your personal data will be justified on one of the following bases: (i) it is provided for in the Merlin Gold Monthly Membership Pass Terms and Conditions, and therefore necessary to give effect to that contract (purposes A and C described above); (ii) it is necessary for us to comply with a legal obligation (purpose B described above); or (iii) it is in our legitimate interests as a business, and our interests are not overridden by your interests, fundamental rights or freedoms (marketing purposes described below, save where opt-in consent is required by other data protection laws in which case our legal basis shall be your consent for the purpose of GDPR). That legitimate interest is our freedom to operate as a global organisation and to ensure that our Attractions are promoted. 

PLEASE NOTE: If we have previously told you that we were relying on consent as the basis of our processing activities, going forward we will not be relying on that legal basis unless we have said that in this Policy. 

Where a Merlin Gold Monthly Membership Passholder ("Membership Passholder") provides evidence of a disability in accordance with Term 41 in order to apply for a Carer Pass or Ride Access Pass or in the event that a health and safety incident occurs at an Attraction, the Membership Passholder acknowledges that Merlin will be collecting special categories of personal data (e.g. health information regarding a disability, impairment or injury). Merlin shall only process such special categories of data where necessary to perform the contract, and where the Membership Passholder has consented to providing such data or where Merlin is relying on a specific exemption provided under local laws of EU Member States and other countries implementing the GDPR. Where possible, Merlin shall seek to minimise the collection and use of such sensitive personal data, and shall ensure that appropriate safeguards are in place to protect such special categories of personal data. 

Merlin only collects special categories of personal information about individuals under the age of 13 where the parent or guardian has provided "consent" on behalf of the relevant minor while purchasing a Membership in respect of that minor. 

PLEASE NOTE. If you provide your explicit consent to allow us to process your special categories of data, you can withdraw your consent to such processing at any time. However, you should be aware that if you choose to withdraw your consent we will tell you more about the possible consequences, including if this means that certain services (in particular where you have applied for a Carer Pass) can no longer be provided). 

DIRECT MARKETING 

We may use your personal data to send you direct marketing communications about our Membership.  This will be in the form of email, post, SMS or targeted online advertisements. Where we, or any members of the Merlin Group, require explicit opt-in consent for electronic direct marketing in accordance with the Privacy and Electronic Communications Regulations we will ask for your consent. Otherwise, for non-electronic marketing or where we can rely on the soft opt-in exemption under the Privacy and Electronic Communications Regulations, we will be relying on our Legitimate Interests for the purposes of GDPR as further detailed above. You have a right to stop receiving direct marketing at any time - you can do this by following the opt-out links in electronic communications (such as emails), or by contacting us at dataprotection@melinentertainments.biz. We will keep a suppression list to ensure you don't receive further marketing unless you opt-in again, but we will still send you service messages - e.g. details about attraction opening times or updates the terms linked to your Membership.  

HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION? 

We will retain your personal data for as long as is reasonably necessary for the purposes listed above. In particular, where there has been no interaction from a Passholder (e.g. a purchase, newsletter sign up), a record will be archived after 2 years and deleted after 6 years. 

Where we are required to do so to meet legal, regulatory, tax or accounting requirements, we will retain your personal data for longer periods of time, but only where permitted to do so, including so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a possibility of legal action relating to your personal data or dealings. 

We maintain a data retention policy which we apply to records in our care. Where your personal data is no longer required and we do not have a legal requirement to retain it, we will ensure it is either securely deleted or stored in a way such that it is anonymised and the Personal Data is no longer used by the business. 

WHO DO WE SHARE YOUR PERSONAL DATA WITH? 

We share data with other Merlin Group companies in order to carry out the purposes outlined above. We also share Personal data with third parties, which include: 

  • Service Providers, who help manage our IT and back office systems, and assist with our Customer Relationship Management activities, such as Nitecrest; Merkle; Salesforce; Experian Marketing Services; Cheetah Digital; CTI Digital; Avius Insight; Mediacom; Conversocial; Zen Desk; The Royal Mail; UPS; and Adare International. Third parties that act as data processors are required to act only on our instructions as is necessary to perform services on our behalf and are required to comply with applicable legal requirements; 
  • Social media platforms, including Facebook; 
  • Regulators, which include the ICO, as well as other regulators and law enforcement agencies in the E.U. and around the world; and 
  • Solicitors and other professional services firms (including our auditors). 

 Furthermore, if required, we may disclose Personal Information in response to official government or regulatory requests; to law enforcement authorities to prevent physical harm or prevent or detect crime; or in the event of merger or acquisition. 

TRANSFER OF YOUR PERSONAL INFORMATION ACROSS BORDERS 

Some entities in the Merlin Group, with whom we share your data, and our service providers who have access to your personal data, are located outside the European Union.  We will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests, in particular for internal group transfers we have in place an intra group data transfer agreement which incorporates the EU Model Clauses pursuant to Article 46(2) of the GDPR.For external group transfers, we will either: 

  • only transfer your personal data to countries which are recognised as providing an adequate level of legal protection in accordance with Article 45 of the GDPR; or 

 You have a right to ask us for more information about the safeguards we have put in place in relation to any data transfer agreement under which your personal data is transferred. Any data transfer agreement made available to you may be redacted for reasons of commercial sensitivity. 

PROTECTION OF YOUR INFORMATION 

We have implemented reasonable physical, technical and administrative security standards to protect Personal Information from loss, misuse, alteration, destruction or damage. 

YOUR RIGHTS 

You have the following rights in respect of your personal data: 

  • Access: to obtain a copy of your personal data together with information about how and on what basis that personal data is processed; 
  • Rectification: to rectify inaccurate personal data. 
  • Right to be Forgotten: to erase your personal data in limited circumstances where it is no longer necessary in relation to the purposes for which it was collected or processed; 
  • Restriction: to restrict processing of your personal data where: (a) the accuracy of the personal data is contested; (b) the processing is unlawful but you object to the erasure of the personal data; (c) we no longer require the personal data for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim; 
  • Objection: to challenge processing which we have justified on the basis of a legitimate interest; 
  • Portability: to obtain a portable copy of your personal data, or to have a copy transferred to a third party controller; and 

We do not carry out automated decision making which would trigger Article 22, but if we do in the future, we will notify you of this and set out your related rights. 

To exercise your rights you can contact us as set out below. Please note the following if you do wish to exercise these rights: 

  • We take the confidentiality of all records containing personal data seriously, and reserve the right to ask you for proof of your identity if you make a request. 
  • We will not ask for a fee to exercise any of your rights in relation to your personal data, unless your request for access to information is unfounded, repetitive or excessive, in which case we will charge a reasonable amount in the circumstances. 
  • We aim to respond to any valid requests within one month unless it is particularly complicated or you have made several requests, in which case we aim to respond within three months. We will let you know if we are going to take longer than one month. We might ask you if you can help by telling us what exactly you want to receive or are concerned about. This will help us to action your request more quickly. 
  • Local laws, including in the UK, provide for additional exemptions, in particular to the right of access, whereby personal data can be withheld from you in certain circumstances, for example where it is subject to legal privilege. 

 CONTACT US 

For changes, such as modifying your Personal Information where it is no longer accurate, and to exercise any of your rights, please contact Data.Protection@merlinentertainments.biz with the subject heading "Exercise of Data Subject Right(s)". 

If you have a complaint about how we have handled your Personal Information you may contact us in the first instance and we will attempt to resolve the issue as soon as possible. You also have the right to lodge a complaint with your national data protection supervisory authority at any time. In the UK, the supervisory authority for data protection is the ICO (https://ico.org.uk/). We do ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority. 

 

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