I’m not sure I’d want to test that argument in court - “we’ve opened the gates and have your £50, so please refer to our T&Cs”.
Considering that it would be a civil matter, and would inevitably cost you many times over your ticket entry, it's unlikely that it would be tested in court.
There’s a reasonable assumption that people will be able to ride the attractions advertised. Yes, some may break down, within reason. I’d suggest that having half of your major rides broken at any one time is not what one would reasonably expect.
In this scenario you'd have to prove that the lack of provision for the attractions advertised was due to neglect, instead of a mechanical fault or an "act of god". If rides are going up and down, that demonstrates that the park intends to run a normal service, but that there may be some technical issues.
It could perhaps be argued that the park have not delivered its service with reasonable skill and care, and there may be other contraventions of the Consumer Rights Act.
If you're going down the argument for "delivering a service with reasonable skill and care", then the park as a legal minimum have to:
- Either redo the element of the service that's inadequate, or perform the whole service again at no extra cost to you, within a reasonable time and without causing you significant inconvenience.
Pre-empting the "significant inconvenience" argument. If you've already visited a theme park once, it is not automatically considered to be a significant inconvenience to visit it again, within a reasonable time frame for a repeat visit. In such a scenario where you've driven a long way, for example, the park may offer you additional discounts, or vouchers, as a form of compensation. If the return visit, and additional vouchers, can't be used within a reasonable time frame, or without significant inconvenience, then the park is obligated to give you a price reduction.
- in circumstances where the repeat performance is impossible, or can’t be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. Depending on how severe the failings are, this could be up to 100% of the cost, and the trader should refund you within 14 days of agreeing that you're entitled to a refund.