Terms and conditions for travel packages organised by LEGOLAND Holidays Deutschland GmbH

1. Conclusion of the Travel Contract

1.1 LEGOLAND® Holidays Deutschland GmbH (hereinafter referred to as "LLH") offers travel services via the internet. The service specifications take into consideration the conditions and situations existing at the time of booking. Bookings can only take place via www.LEGOLANDHolidays.de.

1.2 The following applies to bookings:
1.2.1 The precontractual information in accordance with § 651d BGB (Bundesgesetzbuch/German Civil Code) regarding key features of travel services, the travel price and all additional costs, payment methods and reimbursement/cancellation fees (in accordance with Art. 250 § 3 No. 1, 3 to 5, 7 EGBGB {Einführungsgesetz zum Bürgerlichen Gesetzbüche/Introductory Act to the Civil Code}) are part of this Contract, unless LLH and the business partner have explicitly agreed otherwise.
1.2.2 The business partner will only incur additional fees, charges and other costs if it has been informed about them before submitting its contract declaration in accordance with Art. 250 § 3 No. 3 EGBGB. The basis is the travel itinerary and other information from LLH for the respective trip, provided that it has been agreed with the business partner.
1.2.3 Bookings are to be carried out by the business partner for all participants listed in the booking, the contractual obligations of which the business partner guarantees as its own obligations.
1.2.4 In the event that the contents of the travel confirmation differ from the contents of the booking, a new offer has been presented by LLH, by which LLH is bound for the duration of 2 days. The Contract will materialise on the basis of this new LLH offer, if the business partner declares acceptance to LLH within the above-mentioned period.
1.2.5 The business partner will inform LLH immediately if it has not received the travel confirmation completely.
1.2.6 Via the button which states "Zahlungspflichtig buchen" (in English: book and pay), the business partner bindingly offers LLH the conclusion of the package holiday contract. Before sending this booking, the business partner can view and change the details at any time. However, the booking can only be submitted and transmitted once the business partner has accepted these General Terms and Conditions for Package Holidays and thereby included them in its booking, by clicking on the button stating "Ja, ich habe die Allgemeinen Geschäftsbedingungen für Pauschalreisen gelesen und akzeptiert" (in English: "Yes, I have read and accepted the General Terms and Conditions for Package Holidays"). LLH will then immediately send a travel confirmation via email to the business partner. The contract only becomes effective once LLH has submitted this travel confirmation. In this email or in a separate email, the contract text (consisting of the booking, GTC and travel confirmation) will be sent by LLH to the business partner in a permanent data carrier (email or paper copy) - also known as the contract confirmation. The contract text will be stored in compliance with the data privacy provisions.

1.3 In accordance with §§ 312 Para. 7, 312g Para. 2 Sect. 1 No. 9 BGB, there is no cancellation right for package holiday contracts concluded via distance selling in accordance with § 651a and § 651c BGB. Instead, only the statutory withdrawal and cancellation rights apply, in particular the withdrawal right in accordance with § 651h BGB. However, there is a withdrawal right if the contract regarding travel services in accordance with § 651a BGB has been concluded outside business premises, unless the verbal negotiations on which the contract conclusion is based were carried out by prior order of the consumer; in the latter case, a cancellation right does not exist either.

2. Payment

2.1 The payments to be made for the travel price are protected against insolvency in accordance with § 651r BGB. The business partner will receive the corresponding certificate of coverage by a German insurance company along with the travel confirmation.

2.2 The full travel price shall be payable upon binding booking and receipt of the coverage certificate.

2.3 LLH accepts the following payment methods:

• Payment by credit card: The customer can pay by VISA, MasterCard or American Express Card. The charge to the respective credit card will take place directly.
• PayPal: The charge to the respective PayPal account will take place directly as part of the booking process.

2.3.1 LLH is not responsible for costs incurred for payments by credit or Maestro cards from abroad.

2.4 The prices indicated for the travel services are final prices, including statutory value added tax. The tax amount contained will not be indicated separately. Possible discounts are already taken into account in the end price stated.

2.5 All payments are to be made in euros.

2.6 If due payments are not made or are not made completely, and if the business partner does not pay even after a reminder with a set deadline, LLH may withdraw from the contract, unless a significant defect in the travel service already exists at this point in time. In the event of a withdrawal from the travel contract, LLH may demand the withdrawal fees stated in Figure 6 as compensation.

3. Services

3.1 The services to be contractually provided are specified in the service descriptions on the internet and the travel confirmation details hereby referred to.

3.2 Should entrance tickets for the LEGOLAND amusement park be included in the travel price, they will entitle the holders to all services that are offered at the time of the visit, with the exception of the services for which an additional fee is required in accordance with separate notice at the location of the service.
The visitor is not entitled to the actual offer of all the services, at the time of the visit, the availability of which LEGOLAND Deutschland Freizeitpark GmbH has referred to. The LEGOLAND amusement park will indicate unavailable services in a suitable manner on-site and in the according webpages, as soon as more long-term unavailability is known. The LEGOLAND amusement park will provide notification about the short-term unavailability of individual services or attractions at the location of the service. Individual availability depends on the respective visitor demand.
When booking a package with discounted entrance tickets, e.g., for children, the visitor must expect checks at the park entrance. Entitlement to the discount must thereby be demonstrated. Without proof, the LEGOLAND amusement park may request additional payment or refuse entry.

3.3 Camping bookings for the LEGOLAND Holiday Village campsite apply only to a space on which the end customer can set up their mobile home, caravan or own tent. The use of all campsite facilities, in particular the sanitation facilities, is included in the travel price. This does not apply for services in the LEGOLAND Holiday Village for which a separate fee must be paid according to separate notification.

3.4 When booking overnight stay services with hotel partners of LLH, the end customer is entitled to use all the services offered, with the exclusion of services for which a fee is required by the partner hotel in accordance with separate notice.

3.5 After completion of the booking, no discounts or other price reductions will be granted subsequently.

3.6 Special requests of the end customer must be stated in the booking by the business partner. LLH and its partners will endeavour to satisfy the wishes of the end customers wherever possible, but cannot guarantee such satisfaction.

3.7 The end customer is not entitled to receive more people in one rental unit than agreed contractually with LLH and the business partner. In the event of violations, LLH is entitled to terminate the Contract and charge a one-time additional fee of €140.00 (one hundred and forty) for the duration of the unlawful use, for the overcrowding. Babies and toddlers must be indicated by the business partner when booking for the end customer.

4. Service changes

4.1 Changes to and discrepancies in individual travel services that differ from the agreed content of the Travel Content, which become necessary after the conclusion of the contract and have not been caused by LLH in bad faith, are only permitted if the amendments or deviations are not considerable and do not impair the booked trip as a whole.

4.2 Any guarantee claims remain unaffected if the amended services are afflicted with defects.

4.3 LLH undertakes to inform its business partner about changes to or deviations in services immediately. LLH may offer free rebooking or free withdrawal.

4.4 In the event of a considerable change to a significant travel service, the business partner is entitled to withdraw from the travel contract without fees, or demand the booking of a trip of at least equal value, if LLH is able to offer such a trip from its range at no extra cost to the business partner. The business partner must assert its rights immediately to LLH after the notification by LLH about the change to the travel service.

5. Rebookings and substitute people

5.1 Changes to bookings may be carried out for free up to 21 days before the day of arrival, provided that the requested service is available. For amendment requests received later, LLH will charge a flat rebooking fee of €35.00 (thirty five), if the service is available. This does not apply to rebookings that occur because LLH sent the customer incorrect precontractual information pursuant to Art. 250 § 3 EGBGB; in that case, there will be no rebooking fee.

5.2 Rebookings are possible up to 3 days before the start of the trip. After that point, a cancellation fee of 90% of the travel price will be charged.

5.3 No fee will be charged for rebookings carried out directly on the booking date.

5.4 The total price may increase after a rebooking due to the service amendments accepted by LLH. The additional amount will be charged to the business partner. It will be payable depending on the time of the rebooking as specified under 2.2. Price reductions resulting from a rebooking will be reimbursed.

6. Withdrawal by the business partner

6.1 The business partner may withdraw from the trip at any time before the trip start date. The date of receipt of the note of withdrawal by LLH shall apply. The withdrawal must be declared in writing.

6.2 If the business partner withdraws from the travel contract, or if the end customer does not complete the trip, LLH may demand reimbursement for the travel arrangements made and for any expenses incurred in that regard. When calculating the reimbursement, expenses normally saved and other uses of the travel services normally possible will be taken into consideration.

6.3 LLH will charge flat cancellation fees per booking, in accordance with the following breakdown:

• Up to 21 days before the trip start date: €35.00 per booking (flat rate)
• 20 to 10 days before the trip start date: 50% of the total price of the booked services
• 9 to 4 days before the trip start date: 65% of the total price of the booked services
• From 3 days before the trip start date: 90% of the total price of the booked services
• Failure to appear: 90% of the total price of the booked services

The date of receipt of the withdrawal declaration shall be deemed the effective date for the calculation.

6.4 Upon the business partner's request, LLH is obliged to justify the remuneration amount.

6.5 Notwithstanding Fig. 6.2, No. 2, LLH cannot demand reimbursement if unavoidable, extraordinary circumstances occur at the destination or in the immediate vicinity, which significantly impair the performance of the holiday package or the transportation of persons to the destination. The circumstances shall be deemed unavoidable and extraordinary within the meaning of this subtitle if they are out of the control of the party which refers to them, and if their consequences could not have been avoided had all reasonable precautions been taken.

6.6 The business partner is entitled to demonstrate to LLH that no or significantly fewer losses occurred as a result of the withdrawal or failure to appear for the trip.

6.7 In the event of a withdrawal, LLH may demand the additional costs actually incurred from the business partner.

6.8 Withdrawal costs must be paid if the end customer does not appear for the trip, or fails to do so on time.

7. Services not used
In the event that the end customer does not use individual travel services that were properly offered to them, for reasons attributable to them alone (e.g., due to early return or for other compelling reasons), it will not obtain any right to proportional reimbursement of the travel price from LLH.

8. Termination by LLH
LLH may terminate the travel contract without notice if the performance of the trip is persistently disrupted by the end customer, despite the corresponding warning by LLH. The same applies if an end customer behaves in a manner contrary to the contract, to such an extent that the immediate cancellation of the contract is justified. However, LLH will retain the entitlement to the travel price. Nevertheless, LLH must count the value of saved expenses and any benefits that are obtained from other use of services which are not used. In order to be valid, a notice of termination must be made in writing.

9. Guarantee/cooperation

9.1 In the event that a service is not contractually provided by LLH, the end customer may demand remedy. LLH may refuse the remedy if it requires disproportionate expense. LLH may also provide remedy in such a way that it provides an equivalent alternative service.

9.2 All claims arising from a potential non-contractual provision of the travel service by LLH must be asserted by the end customer against the business partner.
For the duration of a non-contractual provision of the travel service, the business partner may demand a corresponding reduction of the travel price (reduction). In the case of price reduction, the trip price is reduced in the ratio which the value of the trip free of defects would, at the time of the conclusion of the contract, have had to the actual value. The reduction will not take place if the end customer or the business partner culpably fails to report the defect.

9.3 Should a trip be significantly impaired due to a defect and LLH does not provide remedy within a suitable time period, the customer may terminate the travel contract within the framework of the statutory provisions – in its own interest and appropriately in writing, for evidentiary reasons of proof. The same applies if the travel is not reasonable to the customer as a result of a defect due to a significant reason recognisable to LLH. The establishment of a deadline for the remedy is only unnecessary if remedy is impossible, refused by LLH, or the immediate termination of the contract is justified by a specific interest of the customer. The customer will owe LEGOLAND the portion of the travel price attributed to the services used, provided that these services were of interest to the customer.

9.4 Irrespective of the reduction or termination, the customer may demand compensation for non-performance, unless the travel defect is based on the circumstances attributable to LLH.

10. Limitation of liability

10.1 The contractual liability of LLH is limited, for loss which is not physical injury, to three times the amount of the travel price, provided that a loss suffered by the end customer was not caused intentionally or by gross negligence.

10.2 For all compensation claims directed towards the organiser due to unlawful acts, which are not based on intent or gross negligence, LLH is liable to pay up to €4,100 for material damage; should three times the travel price exceed this sum, the liability for material damage is limited to three times the travel price. These maximum liability amounts apply in each case per customer and trip.

11. Duty to collaborate

11.1 The end customer undertakes in the event of interference to performance that occurs, to help prevent or minimise potential loss, within the framework of the statutory provisions.

12. Exclusion of claims and limitation period
The rights of the customer specified in § 651i para. (3) BGB expire in two years. This limitation does not apply in cases of gross negligence, intent, loss of life, physical injury or damage to health. The limitation period shall begin on the day on which the package holiday was set to end in accordance with the contract.

13. Invalidity of individual provisions
The invalidity of individual provisions shall not invalidate the rest of the contract.

14. Place of jurisdiction

14.1 The contractual and legal relationship between business partners and LLH shall be governed by German law.

14.2 The business partner may only sue LLH at the courts located where LLH has its registered office.