DEFINITIONS
- ESCAPE Penang is an abbreviation for Sim Leisure Waterplay Sdn. Bhd. which is generally used to address our corporate services.
- ESCAPE Penang is defined as an outdoor theme park and includes all rides, attractions and activities contain therein.
- CUSTOMER is a term used to address our patrons using the online ticketing service/facility.
- TRANSACTION is referred to as the process of purchasing ESCAPE Penang ticket(s).
- For the avoidance of doubt, "we", "our", "us" and "ESCAPE Penang" as used in this page means Sim Leisure Waterplay Sdn Bhd.
TERMS & CONDITIONS
- This page explains the terms and conditions you are agreeing to when you use ESCAPE Penang’s online ticketing facility. Please read these terms and conditions carefully. By using the online ticketing facility, you agree to abide by the following terms and conditions. If you do not accept any of these terms and conditions, please discontinue your access of this online service immediately. We may change these terms from time to time without prior notice. Changes will apply to any subsequent transactions. You are expected to check this page each time before you make a transaction and your continued access to or use of the ESCAPE Penang online ticketing service after any such change shall constitute your consent to be bound by the revised or updated terms and conditions.
- Online tickets is ESCAPE Penang 's electronic ticketing (or online payment) facility which enables our customers to purchase ESCAPE Penang tickets from their desired location utilising internet connection.
- By using this online ticketing facility, you represent and warrant that you are of the age of 18 years old or above, are of sound mind, and are not disqualified from contracting by any law to which you are subject.
- By purchasing more than one ticket, you warrant and represent to ESCAPE Penang that you act as an agent to the other ticket holders, and undertake to bring their attention to the terms & conditions.
- The parent/guardian understands that it is their responsibility to ensure compliance with the terms & conditions by themselves and the minors under their care, and warrants that they will take all reasonable effort to ensure that they do not breach their duty of care towards the minor(s).
DISCLAIMER
- Unlike other theme parks, ESCAPE Penang offers self-directed, outdoor play and oftentimes, a risk of a certain activity depends on the attitude and aggressiveness of the person participating in the activity. Therefore, it is inevitable that there will be inherent risks which comes part and parcel with participating in such activities. By admission to ESCAPE Penang, you warrant and represent that you are aware of such risks and will take all reasonable and necessary precaution in avoiding them.
- You shall be solely liable and responsible for your own safety and property whenever you are in the ESCAPE Penang, including without limitation at the time of taking any attractions or playing any facilities of ESCAPE Penang.
- YOU SHALL ENTER OR PATRONISE ESCAPE PENANG AT YOUR OWN RISK. SIM LEISURE GROUP LTD AND THEIR HOLDING, SUBSIDIARIES, ASSOCIATED OR RELATED COMPANIES AND THEIR RESEPCTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND/OR WORKERS SHALL NOT AT ANY TIME BE LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COMPENSATION, ACTIONS, COSTS AND/OR EXPENSES THAT MAY BE SUFFERED BY YOU (WHETHER DIRECTLY OR INDIRECTLY) ARISING FROM OR IN CONNECTION TO THE PATRONISATION, ENJOYMENT, USAGE OF, OR ACCESS TO ESCAPE (OR ESCAPE’S FACILITIES) OR THE REFUSAL BY THE SECURITY / PARK PERSONNEL FOR THE PATRONISATION, ENJOYMENT, USAGE OF OR ACCESS TO ESCAPE (OR ESCAPE’S FACILITIES) INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE / LOSS, PERSONAL INJURY AND/OR FATALITY WHETHER OR NOT CAUSED / CONTRIBUTED BY ACT OF GOD, CONDITION / DESIGN OF ESCAPE(OR ESCAPE’S FACILITIES), ORDER OR DIRECTION OF THE GOVERNMENT OR OFFICERS, RIOTS OR STRIKES; EXCEPT IN INSTANCES WHERE SUCH DAMAGE / LOSS, INJURY AND/OR FATALITY IS FOUND TO HAVE BEEN CAUSED DIRECTLY BY THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON THE PART OF SIM LEISURE GROUP LTD.
- YOU SHALL INDEMNIFY AND KEEP SIM LEISURE GROUP LTD AND PERSONNEL FULLY INDEMNIFIED AND HARMLESS AGAINST ANY AND ALL LOSSES (INCLUDING PROPERTY DAMAGE / LOSS, PERSONAL INJURY, FATALITY AND/OR CONSEQUENTIAL LOSSES), DAMAGES, SUMMONS, CLAIMS, DEMANDS OR EXPENSES OF WHATEVER KIND OR NATURE (INCLUDING REASONABLE LEGAL FEES AND EXPENSES INCURRED IN DEFENDING SUCH CLAIMS ON SOLICITOR AND CLIENT BASIS) THAT MAY BE SUFFERED BY AND/OR BROUGHT AGAINST THE GROUP AND/OR PERSONNEL (EITHER DIRECTLY OR INDIRECTLY) RESULTING FROM OR IN CONNECTION TO YOUR PATRONIZATION, ENJOYMENT, USAGE OF OR ACCESS TO ESCAPE (OR ESCAPE’S FACILITIES), ANY BREACH OF ALL OR ANY OF THE RULES AND REGULATIONS HEREIN, BREACH OF DUTY (STATUTORY OR OTHERWISE) BY YOU, YOUR NEGLIGENCE OR MISCONDUCT (AS THE CASE MAY BE), INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR PERSONAL INJURY (INCLUDING FATALITY) AND/OR VEHICLE OR PROPERTY LOSS OR DAMAGE.
- This online ticketing facility is to be used for the purchase of ESCAPE Penang ticket(s) and associated activities. ESCAPE Penang is providing this facility as an alternative mode of purchasing ticket(s) and except as and to the extent imposed or provided by law which cannot be excluded by contract, ESCAPE Penang makes no representations or warranties of any kind, express or implied, with respect to this website or the information, content, products or services included in this site and in no circumstances shall ESCAPE Penang or any of its employees be liable for any loss, costs or damages of any kind whatsoever and howsoever arising suffered as a result of any use of this facility.
- Admission to ESCAPE Penang is subject to ESCAPE Penang’s Park Rules and Regulations, which are located at the entrance of the Park.
- We may, without prior notice and without refund or compensation or any liability, close ESCAPE Penang or any part of it temporarily, and/or restrict admission to ESCAPE Penang and/or change the operating hours and attractions at our discretion.
- We reserve the right to refuse or expel any person whose conduct is objectionable or prejudicial to safe operation of the park.
- The ticket holder agrees that ESCAPE Penang shall have the right to expel, without any liability to make any refund in respect thereof, if ESCAPE Penang reasonably determines the ticket holder to have breached or is attempting to breach the conditions under which this ticket was issued, including without limitation, restrictions against unauthorised resale of this ticket.
GENERAL
- In order to perform an online ticketing transaction, you'll have to select the day of your entry or register as a member on ESCAPE Penang's website.
- All internet purchases are confirmed purchases.
- To the extent permitted by law, any request for refunds or cancellations will not be entertained, and refunds will not be given for any cancellations or change of date for the tickets purchase due to weather conditions.
- Change of visit date is allowed at least one day in advance for 'Family & Friends' tickets (and at least 2 days in advance for 'Corporates & Associations' and 'School Groups' tickets), however there will be additional charges involved.
- Change of visit date is only allowed for all persons within each online transaction (e.g. change in visit date for 2 persons out of 5 within one online ticket transaction is not allowed; it must apply for all 5 persons).
- Tickets purchased are only valid for that selected day only.
- All ESCAPE Penang Park Rules and Regulations are applicable for online ticketing patrons while they in the park.
- For identification purposes, senior citizens/OKU [disabled person who is registered with the Social Welfare Department (JKM)] must present their identity card/OKU card when collecting ticket(s) at the Ticketing Centre.
TICKETING AND ACCESS
- The online ticketing system will produce a unique QR Code that shall be used for the customer’s entry to ESCAPE Penang on the day(s) of their play.
- To facilitate contactless access, when you purchase ticket(s) by using our online ticketing facility, you are allowed to scan and pre-register your facial image/photo online. Thereafter you may directly enter and re-enter into ESCAPE Penang on the day(s) of your play via facial recognition system which is run in browsers and no installation is required. Alternatively, you are allowed to scan and enroll your facial image/photo at the camera on ESCAPE Penang’s gate turntiles during your arrival in ESCAPE Penang, and thereafter you may proceed to walk right in without scanning your tickets or physically touch anything. You may leave and re-enter ESCAPE Penang on the day(s) of your play conveniently with contactless access via our facial recognition system.
- Ticket visit dates may be amended by customers with an administration fee in all cases, per ticket. Change of visit date must be made least one day in advance for 'Family & Friends' tickets and at least 2 days in advance for 'Corporates & Associations' and 'School Groups' tickets. Should there be an increased price variance this value must also be paid by the customer. Should a visit be changed to a later date, no discounts or refunds shall be applicable.
- For customers who book the ESCAPE Base Camp the activity starts at 2:00pm on the day of arrival. Base Camp Adventure ends at 12:00pm on the day of departure
RECEIPT
- The online booking system will provide a receipt including the QR Code and this should be kept safe by the customer. The customer must take the necessary action to keep their QR Code private.
ESCAPE PENANG'S PRIVACY POLICY
- By using ESCAPE Penang’s online ticketing facility, and/or by admission to ESCAPE Penang, you consent to the collection and use of your personal information, including biometric data such as fingerprints and facial image/patterns, in accordance with the terms herein and the ESCAPE Penang’s Privacy Policy as set out at http://www.escape.my/privacypolicy. Where consent is required from those under the age of eighteen (18), the consent of the parent, guardian or person who has parental responsibility on the said subject is deemed by using ESCAPE Penang’s online ticketing facility. Though the policy has been developed to take account of changes in Internet technology, it is subject to change and any such changes will be notified on this page.
- The use of your above-mentioned personal information shall include your pictures, photographs, facial image and/or videos. We will collect such personal information from you when you upload your pictures/photographs/facial image to our website/internet platform, during the photo captured at the camera on ESCAPE Penang’s gate turntiles during your arrival in ESCAPE Penang, during photo booth session in ESCAPE Penang and throughout your experience in ESCAPE Penang. The copyright of all your pictures, photographs and videos collected by us in ESCAPE Penang belongs to ESCAPE Penang.
- Your facial image, pictures, photographs and videos are collected and further processed by us as permitted by law to enable AI Cloud Facial recognition photo finder to automatically filter out matching photo of you at our website for ease of your purchase of your pictures, photographs and videos from our website.
- Your facial image, pictures and photographs will also be collected and processed by us as permitted by law for the purpose of your facial recognition to identify you for the purposes of contactless entry and re-entry to ESCAPE Penang via facial recognition system.
- To facillitate Membership Loyalty Programme, your facial image/photo will be retained at our database for the collection of membership points.
- We will retain all your personal information for as long as is reasonably necessary for the purpose specified herein and in ESCAPE Penang’s Privacy Policy as set out at http://www.escape.my/privacypolicy.
- Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain experiences, products and services to you.
- Credit card information given is only retained for the purpose of the transaction.
- When you perform any online ticketing transaction from ESCAPE Penang's website, your computer automatically accesses a small piece of code on ESCAPE Penang's server (a 'server-side cookie') which enables the web pages to be displayed correctly. This cookie is not saved on your computer and is only used for the duration of the session.
- If you are using a web browser set to high security you may experience difficulties using this facility.
- When you use a link from ESCAPE Penang's website to another website, ESCAPE's Privacy Policy is no longer in effect. Your browsing and interaction on any other websites is subject to that website's own rules and policies.
ESCAPE PENANG PARK RULES
- Follow all the instructions given to you by our staff.
- Comply with instructions provided via signage, lights, safety briefing, recorded message, or other indication. Failure to comply with the park rules may cause injury to yourself and others.
- Guest safety is our top priority. The park carries out daily checks prior to opening to the public and is audited internally on a monthly basis. The park is also inspected and certified for safety by an independent auditor annually for compliance to international standards.
- While the management take measures to ensure customer safety, it is not possible to eliminate risks totally as the park is physical in nature. We and our management cannot be held responsible or liable for any accidents.
- Within the ticket price is limited accident insurance that covers guests while in the park. Further information is available upon request from the Ticketing Counter.
- We reserve the right to deny any person admittance to the park without providing a reason. Additionally, we reserve the right to require a person already admitted to the park to leave (without refund or compensation) for any reason, including but not limited to, failure to comply with any of the safety rules or for offensive or dangerous behaviour.
- We will use our best endeavours and exercise all reasonable care in providing safe attraction sites, unless it is prevented by circumstances beyond its reasonable control to do so.
- We will not be liable to the customer for any loss, damage, costs, expenses, or other claims for compensation arising from any incomplete, incorrect, or inaccurate information or instructions supplied by the customer.
- We will not be liable to the customer by any reason of any delay or failure in providing the purchased services, in accordance with the contact, if the delay or failure was due to an act of God, war, terrorism, power failure, or any other cause(s) beyond our control, or for such reasons as may be deemed reasonable and necessary by us.
- Parents are obliged to supervise their children at all times. Children of age 12 and below must be accompanied by an adult to gain admission. Guests may be required to provide ID for verification purposes.
- The management is unable to make announcements over the public address system for guests. Please arrange a time and place to meet your party before entering the park.
- It is recommended that valuable items are not brought into the park. Personal property may be secured in the lockers. We and our management cannot be held responsible for any loss of property within the park whether stored in lockers or not.
- Tickets purchased are only valid for the specified visit date. Ticket purchases are non-transferable, non-exchangeable, and non-refundable to the extent permitted by law. A change of visit date is allowed only if made online. Changes are subject to additional charges and availability.
- We reserve the right, as circumstances dictate, to change the operating hours of the park or attractions, or close the park or any part of it temporarily, or restrict the number of persons having access to the park.
- Except as and to the extent mandatorily implied or imposed by statute, we make no representations or warranties of any kind (whether express or implied) and in no circumstances shall we be deemed to have made any representation or warranty or be liable for any loss or damage of whatsoever nature that you may suffer.
- Outside food & beverages are not allowed into the park.
- Pets and other animals are not allowed into the park.
- Smoking is forbidden within the park, except in certain designated areas.
- Certain attractions may not be suitable for guests who are less physically able, or have certain medical conditions. If in doubt, please check with your doctor.
- Certain attractions require you to be a competent swimmer. Refrain from participating in these activities if you have doubts of your ability.
- Certain attractions have height requirements irrespective of age.
- The park captures moments of fun and this includes photography and videography of guests within the park. By entering the park you provide your consent for your image to be shared on the ESCAPE Penang website, Facebook page, and in other media produced.
- Please note that photography, videotaping, or recording of any kind for commercial purposes is not permitted without prior written approval.
- For safety reasons it is imperative that your hands remain unobstructed. Loose items such as, but not limited to, mobile phones and cameras with a wrist strap, are not permitted to be used at any time while on the rides and attractions.
- The use of securely fastened Go-Pro® type action cameras for personal image and video capture is allowed in the park on the basis the operator is liable for any injury and/or loss to themselves or other guests. We cannot be held liable for any injuries caused by their use either to the operator or other park guests.
- Please note that clothing and jewellery that have the potential to cause entanglement to the guests or damage to equipment are not allowed on some of the rides and attraction.
- For hygiene reasons guests are required to shower before entering the pools.
- For hygiene and water quality reasons, proper swimwear must be worn. Clothing made for everyday wear, such as T-shirts, and clothing that have buttons/adornments that may cause damage are not allowed in the pools and on the slides. Refer to attraction signage for more information.
- For hygiene reasons guests are required to shower before entering the pools.
- Waterplay inflatable waterpark rafts provided are property of ESCAPE Penang and are not to be removed from the park. ESCAPE Penang and the management of ESCAPE Penang cannot be held responsible for the unavailability of Waterplay tubes on peak attendance days.
- No glassware, firearms or weapons or hazardous materials are allowed into the park.
- No snorkels, masks or flippers are allowed in the pools.
- By purchasing a ticket or entering the park, you are agreeing to the above.
ESCAPE BASE CAMP CONDITIONS & RULES
- The Park Rules of ESCAPE Penang also apply to BASE CAMP.
- BASE CAMP is the call to the wild. It is not a hotel or ‘glamping’.
- Participants must be prepared for the challenges and discomfort of camping in a natural setting.
- Do not damage the natural setting you are in. Do not pick live plants and limit water use when you are showering.
- The allocation of plots is based on availability and it may not be the case that all plots will be together.
- Do not hang clothing outside your tent.
- Do not bring valuable items into Base Camp.
- Fires are only allowed at the designated BBQ pits.
- Be careful with matches and naked flames.
- Smoking is prohibited inside the tents.
- BASE CAMP check-in starts at 2:00pm on the day of your arrival and check-out is at 12:00pm on the day of your departure.
- Base Camp participants may only enter ESCAPE Penang between 10:00am – 6:00pm.
- Entry/Exit to Base Camp is open outside of these hours.
- Be respectful of other Base Campers.
- Do not walk across other pitches.
- Be quiet, especially between 12:00am and 7:00am.
- The water in the toilet and shower areas of BASE CAMP is not intended to be drunk or used for cooking, even after boiling.
- BASE CAMPers are liable for any damage caused, including but not limited to, tents and plants.
- BASE CAMP purchases are non-transferable, non-exchangeable, and non-refundable to the extent permitted by law. However, a change of visit date is allowed if made by latest the day before the original visit date. Changes are subject to additional charges and availability.
GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of Malaysia excluding its conflict of rules and principles.