Terms and Conditions
1. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
2. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. SEAWORLD PARKS & ENTERTAINMENT MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
3. SeaWorld Parks & Entertainment is the copyright owner of this site and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without SeaWorld Parks & Entertainment's express written permission, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purposes violates SeaWorld Parks & Entertainment's legal rights.
4. By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
5. Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while SeaWorld Parks & Entertainment makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and SeaWorld Parks & Entertainment makes no warranties or representations as to its accuracy. All content information and materials contained in this site are provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6. Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding the fact that SeaWorld Parks & Entertainment or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, posting, discussions, or chats, SeaWorld Parks & Entertainment and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
7. By entering this site you acknowledge and agree that any communication or material you transmit to this site or SeaWorld Parks & Entertainment, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to SeaWorld Parks & Entertainment may be used by SeaWorld Parks & Entertainment anywhere, anytime, and for any reason whatsoever.
8. By entering this site you acknowledge and agree that any name, logo, trademark, or servicemark contained on this site is owned or licensed by SeaWorld Parks & Entertainment and may not be used by you without prior written approval. SeaWorld Parks & Entertainment will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of SeaWorld Parks & Entertainment or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
9. Although this site may be linked to other sites, SeaWorld Parks & Entertainment is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that SeaWorld Parks & Entertainment has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
10. SeaWorld Parks & Entertainment reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these terms and conditions.
11. Sponsor: SeaWorld Parks & Entertainment, 9205 South Park Center Loop, Suite 400, Orlando, FL 32819.
VACATION PACKAGE TERMS AND CONDITIONS
The following terms and conditions (“terms and conditions” or “agreement”) apply to all vacation packages sold by SeaWorld Parks & Entertainment, Inc. or its subsidiaries (collectively, “SEA”) for its theme parks. All vacation packages sold in the State of Florida constitute prearranged travel sold by Sea World LLC. Sea World LLC is registered with the State of Florida as a Seller of Travel, Registration No. ST35724.
All prices shown are in U.S. Dollars ($) and include applicable taxes, fees and charges, except as otherwise noted. Package prices may require a minimum stay of one or more nights. All package prices are subject to change due to imposition of taxes or other charges by governmental authorities. All persons on the same reservation must purchase the same vacation package.
Other charges may be incurred that are not included in the quoted package price. While not all inclusive, examples include, hotel extra-person or extra-bed charges, resort fees, gratuities, hotel energy and/or telecommunications surcharges, parking fees, telephone fees, room service, movies, mini-bar, and other incidentals.
Hotel check-in varies by location. Two double beds are standard in the room unless otherwise stated. Charges for in-room safes, rollaway beds and cribs, plus applicable taxes, are not included in the package price and are payable directly to the hotel. Gratuities, resort fees, parking fees, laundry, telephone calls, meals, beverages, sightseeing or any other incidentals at the hotel are the responsibility of the guest. Adjacent rooms and/or connecting rooms, room locations, types of bedding and smoking preferences are on a request-only basis and subject to availability.
Deposits and Payments
Payments must be made by credit card for internet sales. Accepted forms of payment are American Express®, MasterCard®, Discover® Card and Visa®.
A deposit of 50% or payment in full is required for the initial booking of a vacation package. If booking within 10 days of arrival (30 days of arrival for Discovery Cove reservations), full payment is required.
The credit card used for deposit will automatically be charged the remaining balance on the account within 10 days prior to arrival (30 days of arrival for Discovery Cove reservations).
If you prefer to pay the balance using an alternate credit card, please contact our office (866-682-0755) or the credit card used for deposit will be charged the remaining balance.
If an attempt is made to charge the credit card that was provided for payment and the charge is declined, then your reservation will be canceled and refunded.
Pricing of Components in the Package
We are not able to disclose the pricing of the components within the vacation package.
Revisions, Cancellations and Refund Policy
In the event of cancellation, the right to a refund is limited. We can be reached at 866-394-8096. If a vacation package is cancelled more than 72 hours prior to 6 p.m. on the scheduled date of arrival (more than 30 days prior to the scheduled date of arrival for Discovery Cove reservations), the cost of the vacation package is refundable. There are no refunds if the vacation package is cancelled within 72 hours of 6 p.m. of the scheduled date of arrival (within 30 days of the scheduled date of arrival for Discovery Cove reservations). Refunds are not given on individual components of the package. Unused portions of vacation packages are not eligible for refund. All vacation packages are non-transferable.
Applicable Law and Responsibility
Both parties agree that all claims, disputes and matters whatsoever arising under or in connection with your booking and these policies and procedures shall be governed by the laws of the State of Florida (without regard to conflict of laws) and shall be litigated, if at all, in and before a court located in Orange County, Florida, USA, to the exclusion of the courts of any other state or country. All proceedings to resolve or litigate a dispute in any forum shall be conducted on an individual basis between the parties and neither party shall seek to have any such action heard as a class action, private attorney general action or in any representative capacity. SEA is not responsible for any error or omission. SEA is an independent wholesaler and is not responsible for any acts or omissions by the hotel. SEA shall not be responsible or liable in any way for any loss, injury (including personal injury), or any damage caused or arising in connection with customer's travel or other services or products provided through SEA, including but not limited to, any transportation, accommodations, attractions, meals, or other services, due to any acts of God, weather, strikes, acts of Government or other authorities, wars, civil disturbances, hijacks, thefts, or any other circumstances beyond our control. The terms and conditions of the transportation providers (including all applicable tariffs) shall apply to all transportation services. Upon a deposit for, and/or purchase of a vacation package, or through an electronic acknowledgment of acceptance of these terms, the guest accepts and agrees to these terms and conditions. This agreement constitutes the final, complete and exclusive understanding between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements in regard thereto. If either party commences legal action to interpret or enforce the terms of this agreement, the prevailing party in such action shall be entitled to recover reasonable attorneys' fees and costs, including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or similar proceeding. The parties have not relied upon any promises, warranties or undertakings other than those expressly set forth in this agreement. If any provision of this agreement is deemed to be invalid or unenforceable by any court of competent jurisdiction, then the balance of this agreement shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent.
EZ PAY TERMS AND CONDITIONS
By accepting these terms and conditions, I agree to pay the down payment (including any applicable taxes and fees), and thereafter to pay the remaining number of payments, which will be billed monthly to my credit or debit card. I may prepay my outstanding balance for the Initial Term (as defined above) at any time, but prepayment will not automatically terminate this contract unless I notify SEA of my desire to cancel my EZ Pay membership. I UNDERSTAND THAT I AM NOT PERMITTED TO CANCEL MY EZ PAY PLAN UNTIL ALL MONTHLY PAYMENTS FOR THE INITIAL TERM HAVE BEEN MADE. IF I FAIL TO PAY ANY MONTHLY PAYMENT, THE ENTIRE REMAINING BALANCE WILL BE DUE AND PAYABLE IMMEDIATELY (acceleration not applicable to Virginia residents) AND MY MEMBERSHIP MAY BE CANCELLED. If I fail to make a payment for a period of 10 days or more after it is due, in the sole discretion of SeaWorld Parks & Entertainment, Inc. or its applicable subsidiary (“SEA”), I will be charged the costs of collecting my outstanding debt, including reasonable attorneys’ fees and court costs. If I fail to make a payment for a period of 10 days or more after it is due, in the sole discretion of SEA, I may be assessed a late fee of up to 5% of each late installment (California residents: 5% late fee is not applicable. California residents may be assessed a late fee of up to $10 if the payment is at least 10 days late or up to $15 if the payment is at least 15 days late and the Purchaser may also be subject to the actual and reasonable costs of collection if they fail to notify SEA of any change of address or to communicate with SEA 45 days after failure to make a payment). EXCEPT FOR PASSES FOR SESAME PLACE ONLY WHICH WILL NOT AUTOMATICALLY RENEW, THIS CONTRACT WILL RENEW AUTOMATICALLY ON A MONTH-TO-MONTH BASIS FOLLOWING THE INITIAL TERM UNTIL I TERMINATE IT. I HEREBY AUTHORIZE SEA TO WITHDRAW FUNDS FROM MY FINANCIAL INSTITUTION OR CHARGE MY CREDIT CARD ON FILE WITH SEA FOR ALL PAYMENTS UNDER THIS CONTRACT DURING THE INITIAL TERM AND FOR ALL PAYMENTS AFTER THE AUTOMATIC RENEWAL OF THIS CONTRACT UNTIL I TERMINATE THIS CONTRACT. TO TERMINATE THIS CONTRACT EFFECTIVE AFTER THE INITIAL TERM AND TO PREVENT AUTOMATIC MONTH-TO-MONTH RENEWAL OF THIS CONTRACT AFTER THE INITIAL TERM, PLEASE CONTACT SEA C/O SEA WORLD CONTACT CENTER, 8403 SOUTH PARK CIRCLE, ORLANDO, FL 32819 TEL: 877-793-7935. I MAY CANCEL MY AUTOMATICALLY RENEWED MEMBERSHIP(S) AT ANY TIME AFTER THE INITIAL TERM HAS EXPIRED (NOT APPLICABLE TO EZ PAY PASSES FOR SESAME PLACE USAGE ONLY). IF I PERMIT THIS CONTRACT TO RENEW, IT SHALL RENEW ON A MONTH-TO–MONTH BASIS AND SEA SHALL BE ENTITLED TO CONTINUE FINANCIAL INSTITUTION WITHDRAWALS OR CREDIT CARD DEBITS EACH MONTH; PROVIDED, HOWEVER, THAT FOR EZ PAY PASSES FOR PARKS LOCATED IN THE STATE OF FLORIDA ONLY, SEA WILL NOT INCREASE MY MONTHLY PAYMENT AMOUNT PRIOR TO THE FIFTH (5TH) ANNIVERSARY OF THE DATE THAT I ACCEPT THE TERMS OF THIS CONTRACT; PROVIDED, HOWEVER, THAT SEA RESERVES THE RIGHT TO CHANGE SUCH PAYMENTS OR ANY OTHER TERMS OF THIS CONTRACT IN ITS SOLE DISCRETION AFTER SUCH FIVE (5) YEAR PERIOD, IN WHICH CASE SEA WILL ADVISE ME OF ANY SUCH CHANGES. I understand that I am not permitted to contract for additional EZ Pay plans if any balance under this contract is past due, and that any payments made to SEA may be used by SEA as a set-off to settle past due balances under this contract before applying the payments to other sales transactions. In addition, regardless of the number of times a membership is used or not used, there are no refunds of amounts paid on my EZ Pay plan. I represent and warrant that I am at least 18 years of age, and I consent to the use of my personal identification information for my EZ Pay plan. Any and all disputes, claims, and causes of action arising out of or connected with this contract or the use of any park or membership SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. This contract is made in the state in which the park is located and shall be governed exclusively by the substantive laws of such park state without giving effect to any conflict-of-laws rules requiring the application of the substantive law of any other jurisdiction and venue shall solely and exclusively be in a federal or state court located in such park state and both parties hereby submit to the sole and exclusive personal jurisdiction of said courts and irrevocably waive any and all rights to object to such jurisdiction; provided, however, that for multi-state memberships, this contract is made in the state of Florida and shall be governed exclusively by the substantive laws of the state of Florida without giving effect to any conflict-of-laws rules requiring the application of the substantive law of any other jurisdiction. If any provision of this contract is deemed to be invalid or unenforceable by any court of competent jurisdiction, then the balance of this contract shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent. I understand and agree that any electronic signature shall have the same force and effect as a written signature.
EZ PAY MEMBERSHIP IS NON-TRANSFERABLE, NON-REFUNDABLE, AND MAY BE REVOKED FOR MISUSE.
NOTICE TO BUYER -- DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
I ACCEPT THE TERMS OF THIS CONTRACT. I ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRACT.