Terms And Conditions

Terms & Conditions of Entry & Visit to Diggerland Adventure Parks

IMPORTANT NOTES

These Terms & Conditions govern patrons entry and visit to Diggerland Adventure Parks in the UK

These Terms & Conditions DO NOT apply to Diggerland USA at: 100 Pinedge Drive, West Berlin, NJ 08091

TERMS

• All references to “Diggerland” and “Diggerland Adventure Parks” shall be taken to mean any UK Diggerland Park.

• “Patrons” refers to…

• all ticket holding visitors, and any accompanying children who qualify for free entry to the parks
• anyone who is a member of a private or corporate group or party booking
• anyone who is taking part in one of the Experiences or Racing Events, and any permitted spectators accompanying them
• any paying or qualifying non-paying care worker or helper accompanying a disabled &/or vulnerable child or adult

• “Service(s)” where used refers to Diggerland Adventure Parks rides & drives and other attractions (including those that are not included in the ticket price and for which there may be an additional charge), private and corporate “Experience Days” and “Events”, and all other facilities that are available for Patrons use.

• Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.

• Any phrase in which is used: “such as”, “not (necessarily) limited to”, “include”, “includes”, “including”, or any similar alternative expression, shall be construed as an illustrative example only and shall not limit the contextual intent or meaning of the phrase or the Condition(s) in which these appear.

• Any reference(s) to a statute or statutory provision is reference to such statute or statutory provision as amended or re-enacted, and includes any and all subordinate legislation made under that statute or statutory provision.

• Headings used in these Terms & Conditions are for convenience of reference only and do not affect their interpretation.

CONDITIONS

1. Diggerland Adventure Parks reserves the right to alter &/or amend these Terms & Conditions without prior notice…

◦ Any such alteration &/or amendment shall not affect any existing (pre-paid/booked) ticket holders retrospectively unless it is to their benefit.

2. Entry to Diggerland Adventure Parks is entirely subject to these Terms & Conditions, and by purchasing a ticket(s) or entering one of the parks (including approach drives and car parks) Patrons shall be deemed to have accepted these Terms & Conditions.

3. Diggerland Adventure Park managers will, at their discretion, exercise the right either to remove any Patron(s), or have said Patron(s) removed by the Police if necessary, who contravenes or, in the manager’s judgement, is likely to contravene these conditions of entry and visit to the park, under which circumstance no refund of the ticket(s) price will be offered or given…

◦ This will normally (but not necessarily exclusively) apply to a Patron(s) whose actions &/or behaviour Diggerland Adventure Parks’ management deems or reasonably believes is or is likely to be dangerous &/or to the detriment of its other visiting Patrons, &/or staff, &/or property

Diggerland Adventure Parks reserves the right to refuse admission to any person that a park manager has determined to be causing a disturbance.

Special Notice re: PATRON’S HEALTH & SAFETY

Please note, there may be times when one or more Diggerland Adventure Parks may have to close due to such circumstances as, but not necessarily limited to, flooding or extreme weather conditions such as severe storms &/or gale force or high winds, which would make it unsafe to open the Park(s) &/or operate one or more rides &/or drives., ..

• In the event that a park is unable to open due to adverse weather conditions or some other circumstance(s) beyond its reasonable control, Diggerland Adventure Parks will of course offer affected Patrons an alternative booking

• Alternatively a park may have to close one or more rides &/or drives, due to such circumstances as, but not necessarily limited to, flooding or extreme weather conditions such as severe storms &/or gale force or high winds, which would make it unsafe for Patrons either to ride, drive &/or operate the affected rides &/or drives.

• For the avoidance of doubt, if one or more rides &/or drives are unavailable for whatever reason, but the park is open to Patrons and the greater majority of its rides & drives are still available, no such refund nor alternative booking date shall be offered or given

The majority of Diggerland Adventure Parks’ rides and drives are constructed from specially adapted, large heavy-plant such as Diggers, Dumpers, and Telehandlers and, as such, and as is also the case with most theme park and fun-fair rides, Patrons risk accidental injury if they either do not personally exercise all due care and attention, or they ignore safety &/or warning signs and park marshals’ directions and instructions.

Diggerland Adventure Parks’ “Patrons Health & Safety Conditions”, and its procedures and policies are intended to comply and conform with all relevant UK & EU health and safety legislation.

Diggerland Adventure Parks cannot accept any responsibility &/or liability for any injury, or loss of limb or life suffered by any patron(s) who have not observed &/or complied with the “Patrons Health & Safety Conditions” as set out below.

Entry to the parks is conditional upon patrons strict observance of, compliance with, and adherence to all safety &/or warning signs, park marshals’ directions and instructions, and Diggerland Adventure Parks’ “Patrons Health & Safety Conditions” as set out below.

PATRONS HEALTH & SAFETY CONDITIONS

4. All patrons, adults and children alike, must watch and listen to the safety advice in the 2 minute “Welcome and Safety” video which is played on entry at all Diggerland Adventure Parks’ locations. The video can also be viewed online at: https://youtu.be/OcZyeQ-mVCk

5. Patrons are entirely responsible for ensuring and safe-guarding their own health and safety and must exercise all due care and attention, and must observe and comply with all safety warning signs and park marshals’ directions and instructions, and observe and adhere to Diggerland Adventure Parks “Patrons Health & Safety Conditions”.

6. Patrons who are either parents or guardians, or supervising &/or responsible adults accompanying a child or children under the age of thirteen years, are entirely responsible for the safety and well-being of the child or children in their care, and must accompany and supervise them throughout their visit to the park and ensure that they too exercise all due care and attention, and observe and comply with all safety warning signs and park marshals’ directions and instructions.

7. Patrons who are supervising &/or responsible adults accompanying a child or children under the age of thirteen years, or an impaired &/or vulnerable person(s) of any age, are entirely responsible for the safety and well-being of the child or children or person(s) in their care, and must accompany and supervise them throughout their visit to the park and ensure that they too exercise all due care and attention, and observe and comply with all safety warning signs and park marshals’ directions and instructions.

8. Most rides are subject to minimum &/or maximum height restrictions, and some also have age restrictions, which must be observed.

9. These restrictions affect whether or not a child is permitted on the ride, or must be accompanied, or may ride and operate the ride…
◦ The Diggerland rides & drives “RIDE HEIGHT CHART” can be found at: https://www.diggerland.com/rides and-drives/

10. Patrons (whether a child or adult) waiting &/or queuing for rides or drives must not attempt to enter any compounds or courses without the approval and permission of the attending Diggerland marshal(s).

11. Patrons (whether a child or adult) must not climb over, jump or scale, nor assist another (whether a child or adult) to climb over, jump or scale any safety fences or enclosures around the compounds or courses of any of the Diggerland rides or drives.

12. Patrons (whether a child or adult) must not sit, stand or lean over any safety fences or enclosures around the compounds or courses of any of the Diggerland rides or drives.

13. Patrons may ride but must not operate &/or drive any rides and drives if they are medically unfit, or have epilepsy, or suffer occasional seizures, or have any other medical condition(s) that ordinarily prohibits them from driving road vehicles or holding a driving license and which may affect the safe operation of any of Diggerland Adventure Parks’ rides and drives. 

14. In the event that one of the rides or drives experiences a mechanical failure or breakdown, or an accidental collision, or becomes stuck, or the driver simply forgets or becomes unsure as to how to operate the controls, the driver and any accompanying passengers must remain seated in the machine and keep their safety belt(s) fastened until attended by a marshal who will advise when it is safe to leave/vacate the machine…  Naturally, in the (albeit unlikely) event that the machine has caught fire, or is emitting smoke with the suggestion of a fire being present, then Patrons should vacate the machine in a responsible and orderly manner and as quickly and safely as possible 

15. Alcohol, drugs or medication… Any Patron who, in the opinion of a marshal &/or park manager, is unfit to operate the rides and drives safely because they are or appear to be intoxicated with alcohol or under the influence of drugs, or adversely affected by prescription medication, Diggerland Adventure Parks will exercise the right either to: refuse entry to the Patron; remove, or have the Patron removed by the Police if necessary, from the Park; or, at the very least, refuse to allow the Patron to ride, operate or drive some or all of the attractions…  Under these circumstances, and for the avoidance of doubt, no refund of the Patron’s admission/ticket will be offered or given 

16. For the avoidance of doubt, nothing in paragraphs 4-15 above is intended to exclude or absolve Diggerland Adventure Parks of liability for causing injury &/or death where this can be shown to have been due to any contributing negligence or fraudulent misrepresentation on the part of Diggerland Adventure Parks…  Please also see: paragraph 23 below 

OPENING HOURS & SEASON

17. All UK Diggerland Adventure Parks’ opening dates and hours can be found on the website:
https://www.diggerland.com/openingdates/ 

ANIMALS
18. With the exception of guide dogs and guide dogs that are being trained by a certified trainer who provides the appropriate proof of training and certification, no pets or domesticated animals are allowed on any of Diggerland Adventure Parks premises, including the car parks and approach drives.

LIABILITY
19. Diggerland Adventure Parks accept no liability for any personal injury sustained by a Patron or for damage to the Patron’s property where this has been caused by the Patron’s own negligence resulting from, but not limited to, the Patron’s non-observance of the “Patrons Health & Safety Conditions”, as set out above, or non compliance with Safety and Warning video, signs & notices, or a marshal’s instructions/directions. 

20. Any Patron who deliberately or negligently injures any Diggerland Adventure Park personnel or damages any Diggerland Adventure Park property or ride or drive, or who causes damage or injury to other patrons &/or their property, shall be entirely liable for any and all claims, costs and losses arising therefrom.

21. The offending Patron’s entry into and visit to a Diggerland adventure park shall be conclusive evidence of his/her agreement to accept full liability under the circumstances outlined and defined in the two preceding paragraphs.

22. All property including vehicles belonging to Patrons and any other visitors to Diggerland Adventure Parks, is entirely the owner(s) responsibility and Diggerland Adventure Parks accepts no liability for any damage to Patrons’/visitors’ property, or loss or theft thereof. 

23. Diggerland Adventure Parks do not exclude liability for death or personal injury arising from its own negligence or fraudulent misrepresentation or for any other claim which may not be limited or excluded by law.

24. Except as set out in these Terms & Conditions, all warranties, conditions and other terms implied by statute or common law are excluded from these Terms & Conditions to the fullest extent permitted by law.

ENTRY
25. Entry to Diggerland Adventure Parks is by ticket only, which can either be purchased online in advance or on the day from the Admissions Desk at your park of choice…

◦ Note: Advance online purchases & payment usually carry a discount

26. For health & safety reasons, most rides and drives are subject to minimum &/or maximum height restrictions…

◦ please see paragraphs: 8 & 9 above for more details

27. With some exceptions, the ticket holder may enjoy unlimited rides and drives on the attractions available at the parks, and unlimited access/use-of the children’s Indoor Play areas…

◦ Exceptions include: Dodgems (for which tokens can be purchased from the Goodie Stores); and all coin operated rides

28. Tickets/bookings for a fixed date must be used on the date indicated…

◦ No refund will be given for tickets which have not been used.  In extenuating circumstances and for a fee Diggerland Adventure Parks may be able to move bookings not used on the relevant date to an alternative visit date.  This would need to be prior to the visit date and in writing to mail@diggerland.com 

◦ Partially used bookings cannot be moved or the unused tickets refunded.

29. All bookings, (whether by/for: individuals, couples or families, or; private or corporate groups, functions or parties) are made, subject to availability…

◦ In the event that your preferred date is unavailable, or the park of your choice has to be closed for health &/or safety reasons such as, but not necessarily limited to: extreme &/or severe weather conditions, Diggerland Adventure Parks will make all reasonable endeavours to provide you with an acceptable alternative booking date

30. Where payment has been tendered by cheque and the cheque has been returned unpaid by the account holding bank, Diggerland Adventure Parks will charge a fee of ten pounds only (£10.00), to reimburse its own bank’s charges.

31. Although a rare occurrence, as with all machinery, a ride or drive or another mechanical attraction may breakdown and therefore be rendered temporarily unavailable…

◦ should this occur and the greater majority of Diggerland Adventure Parks rides & drives, and its other attractions and facilities remain available, no refund in whole or part shall be given

EXPERIENCE DAYS & EVENTS – PRIVATE & CORPORATE BOOKINGS

32. ALL Patrons participating in one or more of Diggerland Adventure Parks’ private and corporate “Experience Days” and Events MUST be a minimum age of seventeen (17) years…

◦ Diggerland Adventure Parks will require proof of age (such as: a UK or international passport/visa, or a full or provisional UK or EU driving license – but not an international driving license or permit) where its management or marshals reasonably believes that a prospective participant is under seventeen years of age

◦ No refund of the entry fee shall be offered or given in respect of anyone under the age of seventeen who has either attempted to misrepresent their age or who is unable to provide absolute proof of age ◦ With one exception, this being “Formula JCB Racing”, Patrons participating in one or more of Diggerland Adventure Parks, private and corporate, “Experience Days” and Events do not require a full driving license

• For the avoidance of doubt, a Patron participating in “Formula JCB Racing” must be aged seventeen (17) or over and MUST hold a full UK or EU driving license

◦ For further information and guidance notes regarding Diggerland Adventure Parks’ private and corporate “Experience Days” &/or Events, please refer to either: https://www.diggerland.com/groups/ or https://www.diggerland.com/corporate/

33. All other Terms & Conditions herein above and below this section (paragraphs 32 & 33) also apply to Diggerland Adventure Parks, private and corporate, “Experience Days” and Events.

PATRON’S PERSONAL INFORMATION

34. Patron’s personal information gathered during the Bookings and Ticket purchasing process shall be securely retained and kept in full accordance with Diggerland Adventure Park’s Privacy Policy as set out below, and the Data Protection Act (1998).

35. Such personal information as may be gathered by Diggerland Adventure Parks may be shared with its corporate partners, but not with any of its affiliates or suppliers, nor any other third party.

36. Such securely retained Patron’s personal information may be used for the purposes of contacting Patrons with such details as, but not necessarily limited to, Diggerland Adventure Parks &/or its corporate partners: newsletters and bulletins; special offers, &/or; other promotions as may be of interest.

37. Further to and in accordance with paragraphs: 34-36 above, and subject to paragraphs 42 & 43: below, Patrons shall be deemed to have automatically given their consent or permission for their personal information to be used for the above-detailed purposes, but may withdraw any such assumed consent or permission at any time as detailed in paragraphs 42 & 43.

PRIVACY POLICY

38. DIGGERLAND ADVENTURE PARKS are fully committed to respecting, protecting and maintaining their valued
customers’ rights to privacy and confidentiality. To this end…

39. Diggerland Adventure Parks only collects information from Patrons that is relevant to providing them with appropriate replies to enquiries, submitting accurate estimates or quotations, &/or which is necessary to process bookings/orders/purchases and any payment(s).

◦ Such information may include, but shall not necessarily limited to: name, business (for Corporate bookings) or home and e-mail addresses, business &/or home &/or mobile/smart telephone numbers, date of birth and current age, and credit &/or debit card(s) details.

40. Diggerland Adventure Parks will not retain &/or store by electronic, paper or other means, credit &/or debit card(s) details subsequent to any payments due having been successfully processed.

41. Any and all information that may be collected and held by Diggerland Adventure Parks will be kept in full accordance with the UK’s Data Protection Act (DPA), 1998, and, where applicable &/or appropriate, within the scope and boundaries of any and all data protection legislation enacted by British protectorates, as well as pan EU and individual EU Member States data protection laws.

(a) Diggerland uses a number of credit reference agencies and clubs to protect itself from fraud and bad credit risk as well as taking references from Trade Suppliers and Bankers where appropriate. By applying for an account with Diggerland the customer hereby agrees that Diggerland may access store and use such information about their Company and/or Directors and/or Shareholders and/or Partners to allow Diggerland to decide whether to offer or continue to offer credit.

(b) For its part Diggerland agrees that any information accessed as detailed in clause (a) above will be held solely for the purposes detailed in the General Data Protection Regulation (EU) 2016/679 (EU GDPR)and that at no time shall this information be imparted to a third party except to our legal representatives and where we are required to by law. Use and storage of such data shall at all times be in conformity with the Regulation.
(c) Diggerland is compliant with the General Data Protection Regulation (EU) 2016/679 (EU GDPR)and holds a current Consumer Credit License. Details are available upon written request to the Financial Director at Diggerland Head Office.

42. In addition to contacting Patrons in relation to the provision of the service(s) that they have requested, Diggerland Adventure Parks &/or its corporate partners may correspond with patrons either by letter, e-mail or other means to convey such things as, but not necessarily limited to, Diggerland Adventure Parks &/or its corporate partners: newsletters and bulletins; special offers, &/or; other promotions as may be of interest…

◦ Patrons may of course withdraw any such assumed consent at any time by giving Diggerland Adventure Parks written notice via postal or (preferably) electronic mail.

43. With the exception to its corporate partners, Diggerland Adventure Parks will not divulge &/or share personal information with any other third party, including its affiliates. It is however assumed that patrons have given/granted Diggerland Adventure Parks permission to share basic contact details comprising: name, address, e-mail and telephone numbers, with its corporate partners…

◦ Patrons may of course withdraw any such assumed permission(s) at any time by giving Diggerland Adventure Parks written notice via postal or (preferably) electronic mail.

GENERAL

44. Patrons must not rely on any statement, representation, promise or commitment made or given by or on behalf of Diggerland Adventure Parks which is not set out in these Terms & Conditions unless such has been confirmed in writing by either a Director or Senior Manager at Diggerland Adventure Parks’ Head Office.

45. No variation of these Terms & Conditions shall be valid unless such variation has been defined and confirmed in writing by either a Director or Senior Manager at Diggerland Adventure Parks’ Head Office.

NOTICES

46. All notices which are required to be given in accordance with these Terms & Conditions shall be in writing and may be delivered personally, or by first class prepaid post, or by e-mail or facsimile transmission, to the registered office of the party upon whom the notice is to be served or any other address of which the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand, when delivered; if by first class post, 48 hours following posting; or if by e-mail or facsimile transmission, when that e-mail or facsimile is sent.

SEVERABILITY

47. If any provision(s) or part(s) thereof of this Agreement shall be determined by any competent authority to be
unenforceable to any extent, such provision(s) or part(s) thereof shall, to that extent, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable laws.

RIGHTS OF THIRD PARTIES

48. None of the provisions of this Agreement are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.

GOVERNING LAW AND JURISDICTION

49. This Agreement is governed by the law of England & Wales and is subject to the exclusive jurisdiction of the Courts of England & Wales.
Data Protection Act and Consumer Credit License.

PHOTOGRAPHY & VIDEOGRAPHY

50. From time to time, Diggerland or other third parties may carry out photography &/or videography recordings in the park, which may feature guests. Entry to the attraction is deemed acceptance of these entry conditions. In addition, Diggerland will display signage stating photography &/or videography is taking place on the day of your visit. Diggerland and its commissioned third party organisations may use such images and video footage in perpetuity in any promotional, advertising or publicity material in any format. You further agree that copyright in these materials rests with Diggerland or such authorised party. Any visitor who does not wish to be filmed must make this known to the camera crew on the day of their visit.

Terms & Conditions, Dated: May 2022