LEGOLAND Deutschland Freizeitpark GmbH Terms and Conditions
1 . Contract Conclusion
1.1 Any and all transactions concluded between Visitors of the LEGOLAND Park in Günzburg ('Visitors') and LEGOLAND Deutschland Freizeitpark GmbH (“LEGOLAND”) shall be governed exclusively by the Terms and Conditions laid out below.
1.2 Our offers are subject to change without notice and should be interpreted only as invitations to treat. Contracts may be regarded as concluded only after a demand for payment has been made by an authorised LEGOLAND employee. LEGOLAND may withdraw from a contract if the respective price is not paid without delay after a Visitor has been requested to do so.
2 . Sale of Goods
Unless otherwise agreed, Visitors will receive goods of merchantable quality and workmanship within the usual manufacturing tolerances regarding dimensions, weights, and quality specifications.
3 . Use of LEGOLAND Facilities
3.1 Having purchased a LEGOLAND ticket, Visitors will be entitled to avail themselves of any services offered at the time of their visit with the exception of any services for which additional charges may be raised as shown by special notices posted on the spot.
3.2 Visitors will not be entitled at the time of their visit to have access to any and all services which have previously been mentioned as being available by LEGOLAND in any form whatsoever. Moreover, Visitors will be notified by LEGOLAND at the Park entrance of any services that will not be available for prolonged periods of time. In the event of any services being temporarily unavailable, relevant notices will be posted on the spot. Being dependent on Visitor demand, the availability of individual services cannot be guaranteed by LEGOLAND.
3.3 When visiting LEGOLAND, Visitors shall conform at all times to the rules and regulations, including the 'Act for the Protection of Young Persons', posted at the Park entrance as well as at a number of sites where specific services are offered. Visitors contravening these rules and regulations may forfeit their right to remain in the Park and be summarily removed from the LEGOLAND premises. At the same time, LEGOLAND may claim compensation for any resultant damage. Visitors who, having infringed the Park's rules and regulations, refuse an order to leave the premises will be prosecuted under penal law without delay.
4 . Visitors' Rights in the Event of Goods Being Defective
4.1 If a Visitor's claim for compensation for defects should be found baseless on investigation, the Visitor shall reimburse any outlay incurred by LEGOLAND in the course of said investigation.
4.2 Visitors will forfeit any claim to compensation for defective goods if LEGOLAND is not notified of the defect within two months after its discovery. At all events, claims relating to defective goods will fall under the statute of limitations within two years.
4.3 During any negotiations between LEGOLAND and a Visitor about claims relating to alleged defects, the statute of limitations may be temporarily suspended, but only with regard to the defect in question. The statute of limitations will be temporarily suspended at that point in time at which a note specifying the alleged defect is received by LEGOLAND. Said period of suspension will terminate at that point in time at which LEGOLAND has repaired the defect or, alternatively, such repair has failed or, alternatively, LEGOLAND is notified by the Visitor that negotiations will be broken off. Should none of these contingencies apply, the period of suspension will end three months after the last statement relating to the alleged defect made by one of the parties to the contract has been received by the other party.
4.4 Defects will be repaired or faultless goods supplied in lieu without acknowledging any legal obligation and without initiating another limitation period.
5 . Saving Clauses
5.1 For any damage caused by slight negligence, LEGOLAND will be liable only if said damage is ascribable to an infringement of a major contractual obligation or, alternatively, of a cardinal obligation in a manner which seems likely to endanger the purpose of the contract. In all such cases, liability of LEGOLAND will be limited to damage that is both typical and foreseeable.
5.2 In cases conforming to Sub-paragraph 5.1, liability of LEGOLAND will not exceed the price of the ticket multiplied by 15.
5.3 With the exception of claims based on the Product Liability Act, on defects detected after the receipt of goods or services covered by a quality guarantee, on defects covered up with intent to deceive, and on physical injuries, the above saving clauses shall apply to all claims for damages irrespective of their legal basis, including all claims based on unlawful acts.
5.4 The limiting clauses laid down above shall equally apply to claims for damages by Visitors against employees or agents of LEGOLAND.
6 . Miscellaneous
6.1 These Terms and Conditions represent the entire contract regulating all transactions between LEGOLAND and the Visitor. No changes or amendments to these Terms and Conditions shall be binding unless made in writing, including any provision waiving this provision.
6.2 Failure of LEGOLAND to exercise any of its rights shall not be construed as a general waiver for the future.
6.3 In the event of any of the provisions laid down herein becoming or being void or unenforceable, the other conditions shall continue in full force and effect.
6.4 In the event of LEGOLAND being hindered to a considerable extent in the performance of its obligations by force majeure or other obstacles including war, civil war, terrorist attacks, riots, and lawful strikes or lockouts, LEGOLAND and the Visitor may terminate any portion of this contract directly affected by these events without any liability towards the other party resulting therefrom.