Merlin Entertainments: General Discussion

[Matt N]

It would appear as though Merlin’s trademarking company has trademarked the name “Skybound”:

Could this be the name of an upcoming attraction in a Merlin park? I can’t think of what attraction it could be, though… I don’t think it would really fit Project Ocean, and I can’t think of any others. It seems a bit too early to be for Project Horizon, in my view.

 

[Alphe86]

Flat for by Hyperia I assume

 

[Skyscraper]

Flat for by Hyperia I assume

That's what I think too, would make sense and would fit the area.

 

[Stuntman707]

Skybound could potentially be where the SBNO Slammer is now.

 

[Manchester1894]

Hmmm. Skyride rebrand?

 

[GooseOnTheLoose]

An email notifying Merlin Annual Pass / Membership holders went out today. It sets out changes to their terms & conditions, effective from the start of September, specifically around attraction availability. Upon first glance nothing much seems to have changed, and everything appears standard. Comparing it with the current terms & conditions, available on the pass holder website, reveals a little more. The biggest change is below:

"temporary or permanent closure of Attractions, attractions ceasing to be owned or controlled by Merlin"​

​

Merlin have always had the right to vary the attraction opening times, and could even close or remove rides, events or facilities from the attractions (so it can't be a response to the Alton Towers opening hours debacle). Merlin previously hadn't reserved the right to remove entire attractions from the MAP scheme altogether though, and now they do.

​

Is this a reactionary measure to something, is this a precautionary measure just incase something does get removed at some point in the future, or is this a more immediate change coming after the season close? Feel free to speculate away!

In typical Merlin fashion, and attention to detail, they've also given the wrong clause number for the Membership reference changes. The clause in the current terms, covering admission and access, is 26. The email says that the clause is 27, which actually covers discounted tickets.

Email with Terms & Conditions effective from 31st August 2024:

Dear Passholder,

We regularly review our Merlin Annual Pass Terms and Conditions (“T&Cs”) for new and returning guests.

As of 31st August 2024, the following will apply to your respective Pass type:

Merlin Annual Pass

4. Merlin 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, to close, remove or cancel all or any part of the rides, events or facilities within the Attractions, and to remove Attractions from the Platinum Pass scheme in each case for one or more of the following reasons: technical, health and safety, legal, regulatory and/or operational reasons, temporary or permanent closure of Attractions, attractions ceasing to be owned or controlled by Merlin, 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 Platinum Pass within 14 days of entering into this contract as described above, the full value or any part of the value of the Platinum Pass will not be refunded nor will any compensation be payable if any of the Attractions become unavailable or if any of the Attractions (or any part of any of the Attractions) are temporarily or permanently closed or removed from the Platinum Pass 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 Merlin Annual Pass Facebook feed, https://www.facebook.com/merlinannualpass/ and the Website, https://www.merlinannualpass.co.uk 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.

Membership

27.1 A Membership entitles the Passholder to admission to the Attractions during the Validity Period subject to the operating calendars of each Attraction included in your Membership at the time 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 Attractions (or any part of the rides, events or facilities within the Attractions) may be removed from your Membership, temporarily or permanently closed, removed or cancelled for one or more of the following reasons: maintenance, health and safety and/or other operations reasons, temporary or permanent closure of Attractions, attractions ceasing to be owned or controlled by Merlin, 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 27 before your visit. PLEASE NOTE THAT NOT ALL ATTRACTIONS ARE OPEN ALL YEAR.

27.2 For the avoidance of doubt, 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 during the Validity Period or if any or part of any of the Attractions are closed due to technical, health and safety or other operational reasons or special events or private functions or where any Attraction is removed from the Membership scheme. If we decide to remove an Attraction entirely from the Membership scheme, we will give you no less than 30 days' written notice of this (unless circumstances render it impracticable or impossible to provide such notice, in which case we will provide as much notice as we reasonably can). Passholders are advised to check the Merlin Pass Facebook feed, www.facebook.com/merlinannualpass, and the events page of the relevant Attraction's 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 closure due to adverse weather conditions and therefore Passholders are advised to check the relevant Attraction's website before travelling.

Terms & Conditions taken from Merlin Annual Pass website, 1st August 2024:

Merlin Annual Pass

4. 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 Platinum Pass within 14 days of entering into this contract as described above, the full value or any part of the value of the Platinum Pass 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 Platinum Pass 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 Merlin Annual Pass Facebook feed, https://www.facebook.com/merlinannualpass/and the Website, https://www.merlinannualpass.co.uk/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.

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.

 

[AT86]

Interesting.

Could well be just future proofing or could indicate plans are afoot to close or sell attractions.

Guess there is no evidence to prove either way at this point, but one to watch.

 

[jon81uk]

Merlin previously hadn't reserved the right to remove entire attractions from the MAP scheme altogether though, and now they do.
Is this a reactionary measure to something, is this a precautionary measure just incase something does get removed at some point in the future, or is this a more immediate change coming after the season close? Feel free to speculate away!

The Blackpool Tower attractions are managed on behalf of the council I think, also Cadbury World on behalf of Cadbury. So I guess those contracts could end at some point.
Or they are planning to close more Sea Life Centres.

 

[AT86]

The Blackpool Tower attractions are managed on behalf of the council I think, also Cadbury World on behalf of Cadbury. So I guess those contracts could end at some point.
Or they are planning to close more Sea Life Centres.

Yes this crossed my mind too.

With them taking on more leases to run attractions such as Blackpool Tower, Cadbury and Sandcastle water park they could just be planning ahead for a time when they potentially don’t renew those deals with the owners.

 

[Bert2theSpark]

If they’ve got away with this when closing Sealife Centres in the past without those terms, then why are they changing it now? Are they planning on selling/closing more high-profile attractions?

I recall that they reported a £110million loss last year, and there’s reason to suggest that attractions such as Alton Towers are quieter than usual this summer, because of the odd 5pm closures during the summer. Not to suggest that they’re touching the crown jewel in the estate, but it could be indicative of a wider trend across the chain.

 

[GooseOnTheLoose]

If they’ve got away with this when closing Sealife Centres in the past without those terms, then why are they changing it now? Are they planning on selling/closing more high-profile attractions?

I recall that they reported a £110million loss last year, and there’s reason to suggest that attractions such as Alton Towers are quieter than usual this summer, because of the odd 5pm closures during the summer. Not to suggest that they’re touching the crown jewel in the estate, but it could be indicative of a wider trend across the chain.

It's possible that they're adding this to the terms now because of a legal challenge, or threat, they might have received from a passholder about the closure of those Sea-Life centres (unlikely). It's possible that this clause was in a previous iteration of MAP (how many have there been?!) and not including it was an oversight they've just corrected.

 

[AT86]

I recall that they reported a £110million loss last year, and there’s reason to suggest that attractions such as Alton Towers are quieter than usual this summer, because of the odd 5pm closures during the summer. Not to suggest that they’re touching the crown jewel in the estate, but it could be indicative of a wider trend across the chain.

The loss for 2023 was actually £214million, however £195million of that was due to them slashing the value of Legolands New York and Korea - as Merlin have admitted that neither of these new parks have performed as they expected since opening and therefore they are not as valuable as previously reported.

I think numbers are picking up at the parks now the weather has improved, however they are still trying to claw back losses from a damp start to 2024 - hence reduced hours.

 

[jon81uk]

TPI Facebook is saying there’s a new clause about charging passholders an entry fee

That part of the clause isn't new at all, it's in the current (soon to be old) terms:
I do wish sites like TPI would check and investigate their stories, rather than making assumptions... Ironically they actually missed the bigger news and the actual change.

In terms of charging a fee for pre-book that used to be standard before the pandemic, passholders would have to pay £5 to reserve the Alton Towers fireworks and peak Thorpe fright night dates.
Now I think they've just excluded the majority of passes from being to go on those dates at all without paying an extra fee and for the few passes that do allow fireworks for "free" the reservation is the same free system as any other date.

 

[DistortAMG]

Surely you are bound by the terms and conditions as they were when you signed up to the pass as by signing up you are essentially agreeing to them as they are then. Not the terms and conditions they have changed it to, as the argument can be made you would never have brought a pass under the amended terms and conditions. Plus you are not explicitly agreeing to the new ones, even if they 'reserve the right to change them',

Merlin may have some drivel stating they can change the terms and conditions when they like. But that doesn't usually hold up if challenged, especially legally. You are generally usually bound by the T&C's as they were when you signed up, Merlin don't get to decide otherwise, no matter what they might say. We as consumers are protected under law and legislation for things specifically regarding this.

The new T&C's would be bound to by renewals and new passes however. That way, they eventually get everyone onto the new T&C's over time.

This is how I have always understood it to work.

 

[Islander]

Surely you are bound by the terms and conditions as they were when you signed up to the pass as by signing up you are essentially agreeing to them as they are then. Not the terms and conditions they have changed it to, as the argument can be made you would never have brought a pass under the amended terms and conditions. Plus you are not explicitly agreeing to the new ones, even if they 'reserve the right to change them',

Merlin may have some drivel stating they can change the terms and conditions when they like. But that doesn't usually hold up if challenged, especially legally. You are generally usually bound by the T&C's as they were when you signed up, Merlin don't get to decide otherwise, no matter what they might say. We as consumers are protected under law and legislation for things specifically regarding this.

The new T&C's would be bound to by renewals and new passes however. That way, they eventually get everyone onto the new T&C's over time.

This is how I have always understood it to work.

I don't think this latest email from Merlin is overly clear, but updating Ts & Cs is not unusual at all - usually updates are sent with some sort of caveat that "continued use of the service implies agreement to these revised terms - if you don't agree, you have until such and such a date to cancel the service without cost"

 

[jon81uk]

Surely you are bound by the terms and conditions as they were when you signed up to the pass as by signing up you are essentially agreeing to them as they are then. Not the terms and conditions they have changed it to, as the argument can be made you would never have brought a pass under the amended terms and conditions. Plus you are not explicitly agreeing to the new ones, even if they 'reserve the right to change them',

Merlin may have some drivel stating they can change the terms and conditions when they like. But that doesn't usually hold up if challenged, especially legally. You are generally usually bound by the T&C's as they were when you signed up, Merlin don't get to decide otherwise, no matter what they might say. We as consumers are protected under law and legislation for things specifically regarding this.

The new T&C's would be bound to by renewals and new passes however. That way, they eventually get everyone onto the new T&C's over time.

This is how I have always understood it to work.

From the terms

Merlin reserves the right to vary these Terms by giving Passholders no less than 30 days' written notice of such variation by using the details provided to Merlin when the Passholder purchased a Platinum Pass and by making a 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.

So the emails sent out today are the 30 days notice. Not sure what would happen with the ability to provide the service if you don't accept though.

 

[GooseOnTheLoose]

Surely you are bound by the terms and conditions as they were when you signed up to the pass as by signing up you are essentially agreeing to them as they are then. Not the terms and conditions they have changed it to, as the argument can be made you would never have brought a pass under the amended terms and conditions. Plus you are not explicitly agreeing to the new ones, even if they 'reserve the right to change them',

Merlin may have some drivel stating they can change the terms and conditions when they like. But that doesn't usually hold up if challenged, especially legally. You are generally usually bound by the T&C's as they were when you signed up, Merlin don't get to decide otherwise, no matter what they might say. We as consumers are protected under law and legislation for things specifically regarding this.

The new T&C's would be bound to by renewals and new passes however. That way, they eventually get everyone onto the new T&C's over time.

This is how I have always understood it to work.

You're both right and wrong at the same time. You are bound by the terms when you signed up, but a variance clause is absolutely legal as long as it's fair and the change is fair.

Let's go through the terms and conditions you'd agree to today, the ones on their website are still in effect until August 31st:

It starts off with:

These Terms are integral to each Platinum Pass and are independent of any other contract and cannot be varied (other than in accordance with Term 27).

So far so good, they cannot be varied unless in accordance with Term 27. When you sign up you agree to this.

But you also agree to this, Term 27 (a variance clause):

Term 27. Merlin reserves the right to vary these Terms by giving Passholders no less than 30 days' written notice of such variation by using the details provided to Merlin when the Passholder purchased a Platinum Pass and by making a 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.

You agree, when you purchase a pass, that at any point in time Merlin can change the terms of service as long as they give you 30 days notice. If they give you any less, then they can't implement the changes.

You can only cancel the contract within 14 days of starting it.

They make you fully aware when you sign up that this can happen, but you do have some rights enshrined in the Consumer Rights Act 2015 against unfair terms and conditions, or unfair variance terms. This type of clause absolutely stands up when challenged, as long as it's deemed fair. You agree that they can change terms, if they give you enough notice, but under consumer rights law the change also has to be fair.

Is the term change unfair? Let's look at it again:

temporary or permanent closure of Attractions, attractions ceasing to be owned or controlled by Merlin​

• If Merlin closes the attraction, the pass holder will no longer have access. That's fair, the attraction is closed.
• If Merlin stop owning or controlling the attraction, the pass holder will no longer have access. That's also fair, it's no longer Merlin's attraction.

The CMA has a flow chart for unfair terms:

You can read the full document here: - https://assets.publishing.service.gov.uk/media/5a807f4c40f0b62302693daf/Unfair_Terms_Explained.pdf

 

[jon81uk]

temporary or permanent closure of Attractions, attractions ceasing to be owned or controlled by Merlin

• If Merlin closes the attraction, the pass holder will no longer have access. That's fair, the attraction is closed.
• If Merlin stop owning or controlling the attraction, the pass holder will no longer have access. That's also fair, it's no longer Merlin's attraction.

Although if they did something major like closing Alton Towers down a month after you buy a pass then I would say you are not receiving the service paid for, there is something of a sliding scale, where giving 6-12 months notice of AT closing would be reasonably fair as its clear your pass won't work after that date but you can still make some use, but no notice at all and you bought the pass under false pretences as you expected to get some use of it at AT.

 

[rob666]

Could we now start a rumour that the Towers is closing in six months please.

 

[GooseOnTheLoose]

Could we now start a rumour that the Towers is closing in six months please.

I think we already have.