Terms and Conditions
Kelly Tarlton’s SEA LIFE Aquarium General Terms and Conditions.
Auckland Aquarium Ltd (owned by the Merlin Entertainments Group), trading as Kelly Tarlton's SEA LIFE Aquarium (Kelly Tarlton's), places great importance on the safety of its visitors and endeavours to ensure that the high standards set by the company, are complied with by all those in the Attraction.
We are only prepared to allow entry to the Attraction to those visitors who are willing to comply with the Attraction Regulations set out below.
We are sure that you will wish to assist us in ensuring the Attraction and facilities therein remain a safe place in which to enjoy a fun-filled experience. To assist in ensuring your safety, CCTV is in operation within the Attraction.
1. All persons entering Kelly Tarlton's are admitted subject to the following Attraction Regulations.
Any person who does not comply with these Regulations may be removed from the Attraction by either Kelly Tarlton's Personnel/Staff or Police Officers. This without prejudice to any claim that the Attraction may have against such a person or persons arising out of their actions. Whilst inside the Attraction, all visitors must comply with any instructions given to them by Security, Attraction Personnel or Police Officers.
2. Kelly Tarlton's reserves the right, in its absolute discretion, to refuse admission to the Attraction, ban from entry to the Attraction or remove from the Attraction any person who:-
2.1 Has been convicted of a criminal offence, which, in the opinion of Kelly Tarlton's, is likely to affect the enjoyment of other visitors;
2.2 Has behaved in the Attraction in a manner, which, in the opinion of Kelly Tarlton's, has, or is likely to affect the enjoyment of other visitors
2.3 Uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner, which may provoke a breach of the peace.
2.4 Does not follow the written or verbal safety instructions or behaves in a manner which may endanger the safety of the individual or other visitors in the Attraction.
3. All persons entering the Attraction must pay for admission or hold a valid admission ticket that must be retained at all times and submitted for inspection if required by Staff. Any person attempting to gain admission to the Attraction or being found inside the Attraction without a valid admission ticket may be ejected from the Attraction.
4. No child or children aged 15 or under will be admitted to the Attraction unless they are accompanied by an adult who shall be 18 years or over and such child or children whilst on site must remain under the control or supervision of an adult at all times.
5. No dogs except guide dogs or other pets of any kind shall be allowed in the Attraction.
6. To prevent offensive weapons or dangerous articles from being taken into the Attraction, visitors are admitted to the Attraction subject to a condition that, if requested to do so, they will allow themselves to be searched. It is prohibited to bring into the Attraction any weapons, fireworks, smoke bombs, glass bottles or other articles, which may cause injury. The throwing of any article, which could cause injury or annoyance is strictly prohibited.
7. The consumption of intoxicating liquors is not permitted anywhere in the Attraction. Accordingly, intoxicating liquor must not be taken into the Attraction and any persons found possessing alcohol, or who appear to be under the influence of alcohol will be refused admission or escorted from the Attraction.
8. Kelly Tarlton's will endeavour to ensure that as many exhibits as possible are on display. We may, however, without prior notice and without refund or compensation, change the operating hours of the Attraction, close the Attraction or any part of it temporarily, restrict the number of persons having access to the Attraction, and/or close any part of the Attraction or interactive programme for operational reasons.
9. Unnecessary noise (such as that from the use of radio sets and other electrical equipment), or any behaviour likely to cause annoyance/disturbance to other visitors and/or animals or confusion of any kind is not permitted in any part of the Attraction.
10. The climbing of or standing upon railings, barriers or structures is strictly prohibited.
11. Only Kelly Tarlton's staff or appointed contractors (such as Magic Memories photography) are permitted to sell or offer for sale any items to visitors within the Attraction, including but not limited to tickets, gift shop items and food and beverages.
12. Kelly Tarlton's accepts no responsibility for any loss and/or damage however arising (including that which might arise as a result of any breach of contract) including any distress, inconvenience or anxiety caused to guests whilst in the Attraction.
13. From time to time Kelly Tarlton's or other authorised parties carry out photography and/or video recording in the Attraction, which may feature visitors. By accepting these Regulations, you agree that Auckland Aquarium Limited or any authorised party may use such images in perpetuity in any promotional, advertising or publicity material in any format whatsoever. You further agree that copyright in these materials rests with Kelly Tarlton's or such authorised party (as the case may be).
14. Smoking is strictly prohibited anywhere in Kelly Tarlton's.
15. The wearing of clothing, which in the opinion of Kelly Tarlton's, is offensive to other visitors is not permitted. Footwear and shirts must be worn at all times. These Regulations are for the benefit of all our visitors and will be strictly enforced.
16. COVID-19
16.1 Safety Measures: In response to the Covid-19 pandemic, we have introduced specific safety measures at each of our Attractions in an effort to safeguard the health, safety and wellbeing of persons visiting our Attractions.
16.2 Visitor Requirements: The safety measures put in place in response to the Covid-19 pandemic are there to safeguard the safety and wellbeing of all guests visiting our Attraction. It is in the interest of everyone at our Attraction to comply with the safety measures that have been put in place. Therefore, should an individual not comply with these safety measures, we reserve the right to require that individual to leave the Attraction in accordance with these terms and conditions.
16.3 Acceptance of risk: The safety measures that are being and have been introduced are intended to minimise the risk of contracting the Covid-19 virus but this risk cannot be completely eradicated. Therefore, anyone visiting our Attractions acknowledges that they do so at their own risk.
17.Our liability to you
Claims Notification Enquiries
The UK Employers Liability Insurance Policy and the Global Public Liability Insurance Policy are both held with Chubb European Group Limited under Policy Number UKCANC33447.
Claims are administered by McLarens and should be submitted via the claims portal. The portal ID is D00357.
If you do not have access to the claims portal, claims should be submitted to merlin.tpa@mclarens.com
Ticket Purchase Terms and Conditions
Please note: Tickets purchased online for Kelly Tarlton's will appear on your bank or credit card statement as the 'Auckland Aquarium Orakei'. We cannot be held responsible for any additional charges applied by the bank or card issuer. All tickets purchased online require the Visitor to produce the ticket confirmation email on arrival at the attraction. The email confirmation will be emailed to the email address nominated by the Visitor at time of purchase upon successful completion of the transaction.Guests are admitted to the Attraction subject to the Attraction regulations which are displayed at the main entrance, a copy of which is available on request.
Foreign exchange fees may be applied to some transactions at the discretion of the guest’s bank or card issuer. Domestic guests with queries regarding foreign exchange fees can contact the attraction using the contact details provided on the website.
Admission tickets are non-transferable, non-exchangeable, non-refundable and void if altered. They are not valid for special events that require a separate admission charge. All persons entering the Attraction must have a valid entrance ticket which must be retained during your visit. As the tickets are non-transferable, accordingly they may not be sold or passed to any third party.
The visitor attraction known as Kelly Tarlton's and situated at Orakei, Auckland, "the Attraction") is owned by the Merlin Attractions Operations Limited (Merlin). All ticket holders to the Attraction are subject to the following Terms and Conditions and by acquiring one or more tickets to The Attraction ("Ticket" or "Tickets") you confirm to Merlin that you accept these terms and conditions of use.
Ticket holders are referred to in these Terms and Conditions as "Visitors"
1. Tickets
1.1 One Ticket purchased entitles one person entry to the Attraction on a single occasion.
1.2 All persons entering the Attraction must hold a valid Ticket that must be retained at all times and submitted for inspection if required by any member of staff. Failure to produce a valid Ticket on request may result in removal from the Attraction
1.3 Group Tickets for parties of 10 or more may be available at discounted rates ("Group Tickets").
Please see the Groups section of the Attraction website for details
1.4 Where Ticket prices vary according to age, the following provisions apply:
1.4.1 A person of 16 years or older is classed as an adult;
1.4.2 A person aged 2 to 15 years is classed as a child; and
1.4.3 For children aged under 2 no admission fee will be charged
1.5 Concession Tickets apply to the following groups:
1.5.1 Students, upon production of a valid Student ID
1.5.2 Seniors upon presentation of ID to verify their age as over 65
1.6 For guests who require a carer to assist them due to disability, carers are granted free of charge entry, limited to one free carer per disabled visitor who is purchasing a ticket. Standard ticket rates apply for disabled visitors.
Note: this condition may be changed without notification.
(These rates may change without notification)
Note: One Companion Card Holder can enter free of charge with each disabled person.
1.7 The price of Tickets may vary from time to time and the prices advertised are not guaranteed1.8 Once acquired, whether by purchase or on a complimentary basis, Tickets are non-refundable, non-transferable and void if altered and Tickets that Merlin reasonably suspects have been transferred or altered will not be honoured. If lost, Tickets will not be replaced.
1.9 Tickets will include entry to most, but not all, areas of the Attraction. Subject to availability and at Merlin's discretion, Visitors may be able to purchase additional tickets to obtain access to all areas of the Attraction
1.10 From time to time, Merlin may issue Tickets under special promotions ("Promotional Tickets") but Promotional Tickets will be available subject to availability and subject to any terms and conditions affecting the particular promotion
1.11 Should a refund/amendment be provided at the Manager's discretion, an administration fee of 10NZD will be applied.
2. Pre-booked Tickets
2.1 Pre-booked Tickets purchased via the website (including Priority Access Tickets (as defined below)) should be produced by the Visitor on arrival for inspection and will be scanned to check validity.
2.2 Pre booked Tickets may not be used in conjunction with any voucher, promotion or special offer
3. Priority Access Tickets
3.1 Where available, Visitors will be able to purchase Tickets entitling them to gain entry to the Attraction in priority to holders of standard Tickets ("Priority Access Tickets"). This does not ensure guaranteed entry and queuing may be needed in line with the capacity of the attraction.
3.2 Priority Access Tickets will entitle the Visitor to gain priority access as described at 3.1 during a specified time slot ("the Allocated Entry Time")
3.4 Visitors who miss the Allocated Entry Time are not guaranteed to receive priority access and will need to approach the ticket desk for assistance
3.5 Once purchased, Priority Access Tickets may not be transferred, assigned or resold to any third party
4. Time Specific Tickets
4.1 Time Specific Tickets entitle the Visitor to access within the timeslot specified when booking (e.g. after 5pm) if applicable
4.2 Visitors who miss the Allocated Entry Time are not guaranteed entry and will need to approach the ticket desk for assistance
Social Media Rights
PLEASE READ THESE TERMS AND CONDITIONS (TERMS) CAREFULLY. BY HASH TAGGING [#SEALIFEKELLYTARLTONS, #YESSEALIFEKELLYTARLTONS, OR TAGGING [@SEALIFEKELLYTARLTONS] YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS IN RELATION TO OUR USE OF YOUR CONTENT.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT RESPOND TO OUR REQUEST TO USE YOUR CONTENT.
Who we are and how to contact us
Auckland Aquarium Limited (a Merlin Entertainments Group Company) operating under the name Kelly Tarlton's SEA LIFE Aquarium is registered in New Zealand under the company number 2109860.
What these terms cover
These are the terms and conditions on which you licence to Kelly Tarlton's SEA LIFE Aquarium, its subsidiaries, affiliates, licensees, its subcontractors, consultants and agents including without limitation Merlin Entertainments Limited (company number 08700412) (referred to as "SEA LIFE Kelly Tarlton’s" "we" or "us") the use of all images and materials (including photographs, audio and video material) (Content), which is owned or licensed by you in whatever medium or form.
Term of this licence
This licence shall commence on the date that you indicate your acceptance of these Terms by placing a hash tag on the relevant social media platforms and/or emailing across content to the SEA LIFE Kelly Tarlton’s, SEA LIFE Kelly Tarlton’s use of the Content.
Grant of licence
In consideration of SEA LIFE Kelly Tarlton’s displaying your Content on a website connected with SEA LIFE Kelly Tarlton’s or a website promoting ‘SEA LIFE Kelly Tarlton’s’, you hereby unconditionally and irrevocably grant SEA LIFE Kelly Tarlton’s, a perpetual, non-exclusive, fully-transferable, royalty-free, worldwide, sub-licensable licence to use, copy, reproduce, modify, transmit, publish, edit, display and make derivative works of the Content on any media now known, or hereafter developed, in formats and contexts for any purpose including but not limited to the promotion of the service or related business activities and the right to make commercial use of the Content and excerpts of the Content in advertisements for, and in marketing and promotional materials related to, SEA LIFE Kelly Tarlton’s (the "Licensed Rights").
You hereby waive any and all moral rights or similar rights that you may have in the Content and understand SEA LIFE Kelly Tarlton’s shall be under no obligation to credit you or publicly acknowledge your rights in the Content.
Your rights in the Content
You retain all rights in the Content and nothing in these Terms shall be taken to grant any rights to SEA LIFE Kelly Tarlton’s in relation to ownership of the Content.
You understand that in providing us with the Licensed Rights, SEA LIFE Kelly Tarlton’s shall have absolute discretion in whether it uses the Content and shall not be obliged to use, distribute, display or make derivative works of the Content.
Warranties
Each party warrants to the other that it has full power and authority to enter into these Terms.
You warrant to SEA LIFE Kelly Tarlton’s that you:
- Own or control all the rights necessary to grant SEA LIFE Kelly Tarlton’s the Licensed Rights referred to above;
- the Content does not infringe the rights of any third party (including without limitation copyright, moral rights, privacy rights and publicity rights);
- and you have obtained all relevant consents, releases and waivers to permit the public distribution of the Content;
- the Content does not infringe any third party's intellectual property rights, other proprietary rights or rights of publicity or privacy;
- the Content does not contain any viruses, Trojan horses, worms, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
Limitation of remedies and liability
Nothing in these Terms shall operate to exclude or limit either party's liability for:
- death or personal injury caused by its negligence; or
- any other liability which cannot be excluded or limited under applicable law.
Transfer of rights to someone else
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, we may transfer our rights and obligations under these Terms to another organisation.
Notices
Any notice or other communication given to a party under or in connection with these Terms shall be in writing and shall be by pre-paid first-class post or other next working day delivery service at its registered office (if a company); or sent by email to the address specified in above (in relation to us) or the email address used on the social media website for which we obtained your Content.
Entire agreement
These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, licences, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Nobody else has any rights under this contract
No one other than the parties, their successors and permitted assignees, shall have any right to enforce any of its terms.
Variation to these Terms
No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Which country's laws apply to any disputes?
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation are governed by and construed in accordance with the law of New Zealand. The parties irrevocably agree that the courts of New Zealand have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with these Terms or its subject matter or .
Consent
Subject to the below, you have the right to revoke your consent to the use of your Content. If you wish to revoke consent, please contact the email address in the Contact and Complaints clause below.
You acknowledge that whilst you can revoke your consent and prevent the use of your Content in future projects, it may not be possible for your Content to be completely removed from some materials, including but not limited to, physical marketing materials already in circulation.
Contact and Complaints
The primary point of contact for all issues arising from this Policy, including requests to exercise data subject rights, is Merlin’s Data Protection Officer. The Data Protection Officer can be contacted in the following way:
Data.Protection@merlinentertainments.biz
To exercise your data subject rights, please complete the request form available here.
For additional information, please see our Privacy Policy here.
