GTC

General Terms and Conditions of Travel of LEGOLAND Holidays Deutschland GmbH

1. Conclusion of the trip contract

1.1 LEGOLAND® Holidays Deutschland GmbH (hereinafter LLH) offers trip services via the internet and call centre. The service descriptions take into account the conditions and circumstances determined at the time of booking. Bookings can be made by telephone or electronically (internet) via www.LEGOLAND.de.

1.2 The following applies to all booking channels mentioned in Clause 1.1:

1.2.1 The pre-contractual information pursuant to Section 651d BGB (German Civil Code) on essential characteristics of the trip services, the trip price and all additional costs, the payment conditions and the compensation/cancellation flat rates (pursuant to Article 250 Section 3 No. 1, 3 to 5, 7 EGBGB (Introductory Act to the German Civil Code)) shall become part of the contract unless LLH and the customer have expressly agreed otherwise.

1.2.2 The customers shall only be charged additional fees, charges and other costs if it has been informed of these before submitting its contractual declaration in accordance with Article 250 Section 3 No. 3 EGBGB.

1.2.3 The basis is the itinerary and further information provided by LLH for the respective trip, insofar as these are available to the customer.

1.2.4. The booking is also made by the customer for all participants listed in the booking, for whose contractual obligation the customer is liable as for its own obligation.

1.2.5. If the content of the trip confirmation differs from the content of the booking, LLH has made a new offer to which LLH is bound for a period of 2 days. The contract is concluded on the basis of this new LLH offer if the customer declares acceptance to LLH within the aforementioned period.

1.2.6. The customer shall notify LLH immediately if it has not received the trip confirmation in full.

1.3 For bookings made by telephone:

1.3.1 By making a booking, the customer offers LLH the binding conclusion of a trip contract. The booking is also made by the customer for all participants listed in the registration, for whose contractual obligation the customer is responsible, as for its own obligation.

1.3.2 The contract is concluded upon acceptance by LLH. LLH confirms acceptance with a written trip confirmation. The customer shall be provided with a copy or confirmation of the contract by LLH on a durable medium on or immediately after conclusion of the contract. The text of the contract is stored in compliance with data protection laws.

1.4 The following applies to bookings made electronically (internet):

1.4.1 The customer can choose from the itinerary and further information provided by LLH for the respective trip.

1.4.2 By clicking the "Book with obligation to pay" button, the customer offers LLH the binding conclusion of the package trip contract. Before sending this booking, the customer can change and view the data at any time. However, the booking can only be submitted and transmitted if the customer, by clicking on the "Yes, I have read and accepted the General Terms and Conditions for Package Trip" button, has accepted these General Terms and Conditions for Package Trip and thereby included them in his booking.

1.4.3 LLH shall then immediately send the customer a trip confirmation by e-mail; the contract is only concluded when LLH issues this trip confirmation. In this e-mail or in a separate e-mail, the text of the contract (consisting of the booking, GTC and trip confirmation) is sent to the customer of LLH on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection laws.

1.5 Pursuant to Sections 312 (7), 312g (2) Sentence 1 No. 9 BGB, there is no right of cancellation for package trip contracts pursuant to Sections 651a and 651c BGB concluded remotely, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal pursuant to Section 651h BGB. However, there is a right of withdrawal if the contract for trip services has been concluded outside business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based have been conducted at the consumer's prior order; in the latter case, there is also no right of withdrawal.

2. Payment

2.1 The payments to be made on the trip price are insolvency-protected in accordance with Section 651r BGB. The customer receives the corresponding insurance certificate from a German insurance company with the trip confirmation.

2.2 The full trip price is due upon binding booking and receipt of the insurance certificate.

2.3 LLH accepts the following methods of payment:

  • Payment by credit card: The customer can pay with VISA, Mastercard or American Express Card. The respective credit card shall be charged immediately after the booking confirmation has been sent.
  • Bank transfer: Payments by bank transfer can be made up to 10 days before the start of the trip after prior written confirmation by LLH to the account of LLH, IBAN: DE21 2003 0000 0603 1603 91, SWIFT: HYVEDEMM300.
  • PayPal: The respective PayPal account is debited directly during the booking process.

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

2.3.2 For telephone bookings, the credit card number and expiry date or a valid German bank account must be provided. LLH shall debit the full trip price directly after sending the booking confirmation and the security certificate.

2.4 The prices quoted for the trip services are final prices including the legally applicable value added tax. In the case of special offers, the discount is already taken into account in the final price indicated.

2.5 All payments and transfers shall be made in Euro.

2.6 If due payments are not made or not made in full and the customer does not pay even after a reminder with a deadline has been set, LLH can withdraw from the trip contract unless a significant trip-related deficiency already exists at this time. In the event of withdrawal from the trip contract, LLH may demand cancellation fees as compensation in accordance with Clause 6.

3. Services

3.1 The contractually agreed services are set out in the service descriptions on the internet and the information referring to them in the trip confirmation.

3.2 Insofar as admission tickets for the LEGOLAND theme park are included in the trip price, these entitle the holder to use all services offered at the time of the visit, with the exception of those services for which an additional charge is demanded in accordance with a separate notice at the place of performance.
The visitor has no right to claim that at the time of its visit all services are actually offered, the existence of which has been pointed out by LEGOLAND Deutschland Freizeitpark GmbH. The LEGOLAND theme park shall draw attention to unavailable services at the entrance to the park as soon as longer-term unavailability is established. The LEGOLAND theme park shall provide information at the location of the service if individual services or attractions are unavailable at short notice. Individual availability depends on visitor demand.
When booking a package with discounted tickets, e.g. for children, checks must be expected at the entrance to the park. Proof of entitlement to the discount must be provided. Without proof, the LEGOLAND theme park may demand an additional payment or refuse admission.

3.3 Camping bookings for the LEGOLAND holiday village campsite are only valid for a pitch on which the customer can pitch its motorhome or caravan or its own tent. Use of all campsite facilities, in particular the sanitary facilities, is included in the trip price. This does not apply to services in the LEGOLAND holiday village for which an additional fee is payable according to a separate notice.

3.4 When booking accommodation with LLH's hotel partners, the customer is entitled to use all the services offered, with the exception of those services for which a charge is demanded by the hotel partner in accordance with a separate notice.

3.5 No discounts or other price reductions shall be granted subsequently after the booking has been completed, with the exception of discounts for severely disabled persons for LEGOLAND theme park tickets. To do this, the customer must present their admission tickets together with appropriate proof at the LEGOLAND theme park guest services or at the LEGOLAND holiday village reception.

3.6 Special requests must be specified at the time of booking. LLH and its partner shall endeavour to comply with the customer's wishes as far as possible, but cannot guarantee this.

3.7 The customer is not entitled to take more persons into a rental unit than contractually agreed with LLH. In the event of infringements, LLH is entitled to cancel the contract and to charge a one-off surcharge of €140.00 (one hundred and forty) for overcrowding for the duration of the unlawful use.

4. Changes to services

4.1 Changes to and deviations from individual trip services from the agreed content of the trip contract which become necessary after conclusion of the contract and which were not brought about by LLH contrary to good faith are only permitted insofar as the changes or deviations are not significant and do not affect the overall nature of the booked trip.

4.2 Any warranty claims shall remain unaffected insofar as the modified services are defective.

4.3 LLH is obliged to inform the customer immediately of any changes or deviations in service. If necessary, LLH can offer the customer a free booking change or a free cancellation.

4.4 In the event of a significant change to an essential trip service, the customer is entitled to withdraw from the trip contract without charge or to demand participation in a trip of at least equivalent value if LLH is able to offer such a trip from its range at no extra cost to the customer. The customer must assert these rights against LLH immediately after LLH's declaration of the change to the trip service.

5. Changes to bookings and substitute persons

5.1 Changes to bookings can be made free of charge up to 21 days before the date of arrival, provided that the desired service is available. For change requests received later, LLH shall charge a flat booking change fee of €35.00 (thirty-five), subject to availability. This does not apply to change to bookings based on LLH having provided the customer with inaccurate pre-contractual information in accordance with Art. 250 Section 3 EGBGB; in this case, no booking change fee is incurred.

5.2 Changes to bookings are possible up to 3 days before the start of the trip. After this date, a cancellation fee of 90% of the trip price shall be charged.

5.3 No fee is charged for changes to bookings made immediately on the day of booking.

5.4 The total price may increase due to the changed services accepted by LLH after a booking change. The additional amount shall be charged to the customer. It shall become due for payment depending on the time of booking change as regulated under Clause 2.2. Any price reductions resulting from a booking change shall be refunded.

5.5 Until the start of the trip, the customer may request that a third party take over the rights and obligations arising from the trip contract. LLH may object to the entry of the third party if it does not meet the special trip requirements or its participation conflicts with statutory regulations or official orders. If a third party enters into the contract, it and the customer are liable to LLH as joint and several debtors for the trip price and the additional costs incurred by the entry of the third party.

6. Withdrawal by the customer

6.1 The customer may withdraw from the trip at any time before the start of the trip. The date of receipt of the declaration of withdrawal by LLH is decisive. The customer must declare the withdrawal in writing for evidence purposes.

6.2 If the customer withdraws from the trip contract or does not commence the trip, LLH may demand compensation for the trip arrangements made and for its expenses. When calculating the compensation, usually saved expenses and usually possible other uses of the trip services are to be taken into account.

6.3 LLH charges a flat-rate cancellation fee per booking according to the following scale:

  • Up to 21 days before departure, €35.00 per booking
  • 20 to 10 days before departure: 50% of the total price of the booked services
  • 9 to 4 days before departure: 65% of the total price of the booked services
  • From 3 days before the start of the trip: 90% of the total price of the booked services
  • In case of no-show: 90% of the total price of the booked services

The key date for calculating the deadline is the date of receipt of the customer's notice of withdrawal.

6.4 LLH is obliged to justify the amount of compensation at the request of the customer.

6.5 Notwithstanding Clause 6.2, Sentence 2, LLH cannot claim compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package trip or the carriage of persons to the destination. Circumstances are unavoidable and extraordinary within the meaning of this subtitle if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

6.6 The customer has the right to prove to LLH that no damage or significantly lower damage has been incurred as a result of the withdrawal or the failure to commence the trip.

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

6.8 Cancellation costs are also payable if the customer does not start the trip or does not start it on time.

7. Service not used

If the customer does not make use of individual trip services that were duly offered to it for reasons for which it is responsible (e.g. due to early return or other compelling reasons), it does not have a claim for pro rata reimbursement of the trip price. LLH shall endeavour to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if a reimbursement is contrary to statutory or official provisions.

8. Termination by LLH

LLH may terminate the trip contract without notice if the performance of the trip is persistently disrupted by the customer despite an appropriate warning by LLH. The same applies if a customer behaves in breach of contract to such an extent that immediate termination of the contract is justified. However, LLH retains the right to the trip price. LLH must, however, take into account the value of saved expenses as well as any advantages gained from another use of services not used. The notice of termination must always be in writing.

9. Warranty / cooperation

9.1 If a service is not provided by LLH in accordance with the contract, the customer can demand a remedy. LLH can then refuse the remedy if it requires disproportionate effort. LLH can also remedy the situation by providing an equivalent replacement service.

9.2 For the duration of a non-contractual provision of the trip, the customer can demand a corresponding decrease in the trip price (reduction). The trip price shall be reduced in the ratio in which the value of the trip in a defect-free condition would have been to the actual value at the time of conclusion of the contract. The reduction shall not apply if the customer culpably fails to provide notification of the defect.

9.3 If a trip is considerably impaired as a result of a defect and LLH does not provide a remedy within a reasonable period of time, the customer may terminate the trip contract within the framework of the statutory provisions – in its own interest and for reasons of evidence it is expedient to do so by means of a written declaration. The same applies if the customer cannot reasonably be expected to undertake the trip as a result of a defect for an important reason recognisable to LLH. The determination of a deadline for the remedy is only not required if remedy is impossible or refused by LLH or if immediate termination of the contract is justified by a special interest of the customer. The customer owes LEGOLAND the part of the trip price attributable to the services used, provided that these services were of interest to it.

9.4 Without prejudice to reduction or termination, the customer may claim damages for non-performance, unless the defect in the trip is due to a circumstance for which LLH is not responsible.

10. Limitation of liability

10.1 LLH's contractual liability for damages other than bodily injury is limited to three times the amount of the trip price, insofar as damage to the customer is not caused intentionally or by gross negligence.

10.2 For all claims for damages directed against the organiser arising from unlawful acts which are not based on intent or gross negligence, LLH is liable for material damage up to €4,100; if three times the trip price exceeds this sum, liability for material damage is limited to the amount of three times the trip price. These maximum liability amounts apply per customer and trip.

11. Duty to cooperate

11.1 The customer is obliged to cooperate within the framework of the statutory provisions in the event of any disruptions to performance that may occur, to avoid any damage or to keep such damage to a minimum.

11.2 The traveller is obliged to report defects directly to LLH without delay. The report can be made by telephone at +49 (0) 8221 257 355 0 or by e-mail to info@LEGOLANDHolidays.de.

12. Exclusion of claims and statute of limitations

The claims of the customer referred to in Section 651i (3) BGB become statute-barred after two years. This does not apply in cases of gross negligence, intent, injury to life, body or health. The limitation period begins on the day on which the package trip was to end according to the contract.

13. Insurance

No cancellation insurance is included in the trip price. LLH therefore recommends taking out such insurance to cover repatriation costs due to accident or illness via Hanse Merkur Reiseversicherung AG.

14. Ineffectiveness of individual provisions

The ineffectiveness of individual provisions shall not result in the ineffectiveness of the entire contract.

15. Applicable law and place of jurisdiction

15.1 The contractual and legal relationship between the customer and LLH shall be governed exclusively by German law. If the customer has its habitual residence in another country, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.

15.2 The legal provisions applicable to local and international jurisdiction shall apply to the place of jurisdiction.

16. Consumer dispute resolution

The following applies to bookings in electronic legal transactions:
The European Commission provides a platform for online dispute resolution (OS), which the customer can access at the link http://ec.europa.eu/consumers/odr. LLH is not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.

Last updated: September 2023

 

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