1. Conclusion of a travel contract1.1 LEGOLAND® Holidays Deutschland GmbH (hereinafter LLH) offers travel services through the internet and a call centre. Service descriptions are based on the conditions and facts established at the time of booking. Bookings may be made either by telephone or online at www.LEGOLANDHolidays.de.The receipt of bookings made electronically (internet) will be confirmed by LLH without delay, also electronically. Bookings made by telephone will be confirmed in writing.
1.2 By registering, the customer makes a firm offer to conclude a travel contract with LLH. Moreover, the customer registers on behalf of all members of his party named in the registration, for whose performance he will be answerable to LLH as for his own. The contract will come into force as soon as it is accepted by LLH. LLH will confirm acceptance in a written travel confirmation. However, this obligation shall not apply if a booking is made less than seven days before the start of the trip.
1.3 In the event of the booking confirmation deviating from the content of the registration, the confirmation constitutes a fresh offer on the part of LLH by which LLH will be bound for a period of 10 days. A contract based on this fresh offer will enter into force if the customer declares his/her acceptance to LLH within the commitment period.
1.4 The customer shall inform LLH immediately if the documentation received is not complete.
2. Payment2.1 All payments made on the price of a trip will be insured against insolvency as per Sect. 651k BGB. The customer will receive a certificate to that effect made out by a German insurance company together with the travel confirmation.
2.2 The total price of the trip will fall due for payment when the booking has been confirmed and the insurance certificate received.
2.3 LLH will accept payments made by the following methods:
● Payment by credit card: customers may use VISA, Mastercard, or American Express cards for payment. Payments will be debited against the credit card account directly after mailing the booking confirmation. ● Direct debit: direct debit payments can only be made from German bank accounts. Amounts will be debited no more than 3 days after the booking. ● Bank transfer: after receipt of a written confirmation by LLH, payments may be made by bank transfer until 10 days before the start of the trip into the account of LLH, account number 603160391 with HypoVereinsbank, bank code 200 300 00.
● Direct transfer: Payments via direct transfer can only be made from German or Austrian bank accounts. Amounts will be debited whilst completing the booking. ● Giropay: Payments via Giropay can only be made from German bank accounts. Amounts will be debited whilst completing the booking.
2.3.1 LLH will not be responsible for any expenses arising in conjunction with credit or Maestro card payments or bank transfers from abroad.
2.3.2 To make a booking by phone, the customer needs to specify the number and expiry date of his/her credit card or, alternatively, a valid German bank account. LLH will directly debit the entire price of the trip after the booking confirmation and the insurance certificate have been mailed.
2.4 The prices quoted for travel services are final and include value-added tax at the legal rate. Prices quoted under promotion campaigns include all relevant reductions.
2.5 All payments and bank transfers shall be made in euros.
2.6 If the customer fails either partially or entirely to settle a debt after the due date, and if he/she makes no payment even after he/she has been reminded and a time limit set, LLH may withdraw from the travel contract unless a material deficiency has been discovered in the trip by that time. In the event of a contract being cancelled, LLH may claim compensation under the provisions laid down in Sect. 6.
3. Services 3.1 The exact scope of the contractually agreed services is defined by the service descriptions given on the internet and by the references made to these descriptions in the booking confirmation.
3.2 Tickets to the LEGOLAND® theme park included in a travel package entitle the holder to make use of all services offered at the time of his/her visit except those for which an extra charge is posted on the spot. Visitors are not entitled to actually being offered at the time of their visit all the services advertised by LEGOLAND® Deutschland Freizeitpark GmbH. Any services confidently expected to remain unavailable for prolonged periods will be posted by LEGOLAND Freizeitpark at the park gate. Services or attractions that are temporarily unavailable will be identified by LEGOLAND Freizeitpark on the spot. Individual availability depends on visitor demand.
Customers who have booked a package which includes reduced tickets for children, for example, should expect to be checked at the park gate and requested to furnish documentary proof of their entitlement to the reduction. In the absence of such proof, LEGOLAND Freizeitpark may either demand a supplementary payment or refuse admission.
3.3 Bookings for the camping ground at the LEGOLAND® holiday village merely entitle customers to set up their camper, trailer, or tent in a particular space. Use of all camping ground facilities, particularly sanitary facilities, is included in the travel price. This does not apply to any services at the LEGOLAND holiday village for which an extra charge is posted on the spot.
3.4 Customers who have booked accommodation services with LLH hotel partners are entitled to make use of all services offered excepting those for which the partner hotel requires additional payment according to posted notices.
3.5 After a booking has been processed, additional discounts or other price reductions will not be granted, solely accepting those granted to severely handicapped persons on tickets to the LEGOLAND® theme park. To obtain such a discount, guests will have to present their tickets together with relevant documentation to the guest service of the LEGOLAND® theme park or the reception of the LEGOLAND holiday village.
3.6 Any special requests must be at the time of booking. While LLH and its partners endeavour to meet their customers' requests as far as possible, they cannot guarantee the desired outcome.
3.7 Customers are not entitled to accommodate in a rented property any persons beyond those named in the contract with LLH. Should this provision be violated, LLH will be entitled to annul the contract and demand, for the duration of the infringement, a one-off surcharge of €140 (one hundred and forty euros) for exceeding the capacity of the accommodation.
4. Service changes4.1 Changes in individual travel services as well as deviations from the agreed content of the travel contract that may become necessary after its conclusion but are not ascribable to a breach of faith on the part of LLH will be admissible only if such changes or deviations are inconsiderable and do not affect the overall profile of the trip booked.
4.2 In the event of a changed service being found deficient, any warranty claims the customer may have will remain unaffected.
4.3 LLH undertakes to inform the customer immediately about any service changes or deviations. If warranted by circumstances, LLH may offer the customer the option of changing his/her booking or withdrawing from the contract free of charge.
4.4 In the event of a substantial change being made to a material travel service, the customer will be entitled either to withdraw from the contract free of charge or demand to participate in another trip of at least equal value, provided that LLH is in a position to offer such a trip from its portfolio without additional cost to the customer. Customers shall claim such rights immediately after having being notified by LLH of the change in the travel service concerned.
5. Booking changes; subrogation 5.1 Subject to the availability of the service desired, bookings may be changed free of charge until 21 days before the day of arrival. For any later requests for change, LLH will invoice a flat booking-change charge of €35 (thirty-five euros), provided the service requested is available.
Bookings may be changed until 3 days before the beginning of the trip. After that time, a cancellation charge amounting to 90% of the travel price will be levied.
5.3 Booking changes made immediately on the day of the booking will be free of charge.
5.4 Service changes that have been accepted by LLH may lead to an increase in the total price. Such extra amounts will be invoiced, falling due for payment as stipulated in Sect. 2.2 depending on the time of the booking change. Price reductions resulting from a change of booking will be refunded.
5.5 Until the beginning of the trip, the customer may demand the subrogation of a third party to the rights and obligations of the travel contract. LLH may refuse such subrogation whenever the third party in question is unable to meet the particular requirements of the trip or, alternatively, if his/her participation is prevented by legal or official regulations. In the event of a subrogation, the third party and the customer will be jointly liable for the price of the trip and any added cost arising from the subrogation.
6. Cancellation by the customer6.1 The customer may cancel the contract at any time before the start of the trip. The date of the cancellation shall be that on which the relevant notice is received by LLH. For documentation purposes we recommend giving notice in writing.
6.2 If a customer withdraws from his/her travel contract or fails to show up for the trip, LLH may claim compensation for the travel arrangements already made as well as for its outlay. In calculating the amount to be claimed in compensation, the usual savings on expenditures and the usual option of using travel services for another purpose will be taken into account.
6.3 The flat-rate charges levied by LLH for the cancellation of any individual contract are graded as follows:
● Up to 21 days before the start of the trip: a flat €35 per booking● 20 to 10 days before the start of the trip: 50% of the total price of all services booked ● Between 9 and 3 days before the start of the trip: 65% of the total price of all services booked● 3 or fewer days before the start of the trip: 90% of the total price of all services booked● If the customer fails to show up: 90% of the total price of all services booked
The date from which the period of notice is computed shall be that on which the customer's cancellation is received by LLH.
6.4 The customer is entitled to prove to LLH that the damage caused by his/her cancellation or his/her failure to show up is either nil or considerably less than the sum claimed.
6.5 In the event of a cancellation, LLH may claim reimbursement of any additional expenditures actually incurred.
6.6 Similarly, cancellation charges will be due whenever a customer fails to show up or shows up late.
7. Unused servicesIf a customer fails to make use of any properly offered services for reasons for which he/she is answerable (e. g. because of a need to return home prematurely or other cogent reasons) he/she shall have no claim to a pro-rata reimbursement of the travel price. LLH will endeavour to obtain a return of expenditures saved from the service provider. This obligation shall not apply whenever the service in question is inconsiderable or reimbursement is prevented by legal or regulatory rules.
8. Termination by LLHLLH may terminate a travel contract without notice if a customer persists in interfering with the performance of a trip in spite of having being warned. The same applies whenever a customer violates the contract in a manner severe enough to justify immediate termination. While LLH retains its claim on the full price of the trip in such cases, this must be offset against any savings on expenditures and against any benefits arising from the option of using unused services for another purpose. Notice of termination shall be given in writing as a matter of principle.
9. Contract annulment because of extraordinary circumstances Whenever a trip is materially hampered, threatened, or impaired by some force majeure that was unforeseeable at the time when the contract was concluded, both LLH and the customer may terminate the contract. In the event of such termination, LLH may claim reasonable compensation for any services already rendered or still to be rendered before end of the trip.
10. Warranty/co-operation10.1 In the event of a service provided by LLH not conforming to the contract, the customer may demand remedial action. LLH may refuse such remedial action whenever an unreasonable effort would be required. Alternatively, LLH may remedy the deficiency by providing another service of equal value.
10.2 For any period during which a customer's trip is not implemented in conformance with the contract, he/she may claim an appropriate reduction in price. In such cases, the price of the trip will be reduced by a percentage corresponding to the ratio between the value which the trip without its deficiency had at the time when the contract was concluded and its real value. Reductions will not be granted whenever the customer culpably fails to give notice of a deficiency.
10.3 If a trip is considerably impaired by a deficiency, and if that deficiency is not repaired by LLH within a reasonable time, the customer may, within the limits set by the law, terminate the travel contract, which should be done in writing in the customer's own interest as well as for purposes of documentation. The same holds true whenever a customer, because of some deficiency, cannot reasonably be expected to take his/her trip for important reasons which LLH can appreciate. Setting a time limit for remedial action will be unnecessary only if such action is either impossible or refused by LLH or, alternatively, if an immediate termination of the contract is justified by a particular interest of the costumer. The customer will then owe LEGOLAND® that part of the travel price that is accounted for by services used by him/her, provided they were of interest to him/her.
10.4 Any price reduction or termination notwithstanding, the customer may claim damages for non-performance unless the deficiency of the trip was caused by circumstances for which LLH cannot be held responsible.
11. Limitation of liability11.1 For any damage that is not a physical injury, LLH's contractual liability will be limited to three times the price of the trip unless the damage to the customer was due to premeditation or gross negligence.
11.2 For any claims arising from illicit action that are unrelated to premeditation or gross negligence, LLH will be liable for damage to property not exceeding €4,100 in value. Whenever this amount is lower than the triple price of the trip, the liability of LLH for property damage shall be limited to the triple price of the trip. The aforementioned liability ceilings apply per customer and trip.
12. Obligation to co-operate12.1 Under applicable legal regulations, the customer will be obliged to co-operate on avoiding or minimising any damage that may potentially be caused by contract performance deficiencies.
12.2 Travellers will be obliged to notify LLH immediately of any deficiency. LLH may be notified by telephone under +49 (0) 180 6 225789, by fax under +49 (0) 180 6 545801, or by e-mail at info@LEGOLANDHolidays.de.
13. Exclusion of claims; statutory limitation13.1 The customer should file any claims for non-performance of his/her travel contract with LLH within one month after the end date of the trip specified in the contract, using the address given below. Once this term has expired, the costumer may assert his/her claim only if he/she was prevented from keeping the time limit by reasons not of his/her own making.
13.2 Customers' claims under Sect. 651c through 651f BGB shall expire by time after one year. This limitation shall not apply in cases of gross negligence, premeditation, or injury to life, limb, or health. The period of limitation begins on the day specified in the contract as marking the end of the trip. While negotiations are pending between the customer and LLH about the claim itself or the circumstances on which it is based, the statute of limitations will be suspended until either the customer or LLH refuses to continue the negotiations. Claims may not expire by time before the lapse of three months after the end of the suspension.
14. InsuranceAs trip prices do not include travel cancellation insurance, we advise our customers to take out insurance to cover the cost of repatriation due to accidents or sickness with Hanse Merkur Reiseversicherung AG.
15. Data privacyAny and all data communicated by the customer will be handled and processed by LLH in conformance with applicable data privacy regulations in general and the federal data privacy act in particular.
16. Saving clauseShould one or more contract provisions prove unenforceable, the enforceability of the contract as a whole shall not be affected thereby.
17. Curt of jurisdiction17.1 The contractual and legal relations between the customer and LLH shall be governed exclusively by the laws of Germany.
17.2 The customer may bring legal action against LLH only at its domicile.
17.3 LLH will bring legal action against the customer at his/her domicile unless said action is directed against fully qualified merchants or persons who, after the conclusion of the contract, moved their residence or abode to another country, or whose residence or abode is unknown at the time when the action is filed. In such cases, legal action will be brought at the LLH domicile.
LEGOLAND® Holidays Deutschland GmbH LEGOLAND AlleeD-89312 Günzburg
E- mail: info@LEGOLANDHolidays.de
Phone: +49 (0) 180 6 225789*Fax: +49 (0) 180 6 545801*(20 cent per call, via mobile max. 60 cent per call; rates for calls from abroad may vary depending on the provider)