Newsletter
Terms of Travel by Holiday Extras Ltd. for LEGOLAND® Holidays for travel packages
Dear customers,
The following terms will to the extent effectively agreed constitute the content of the travel contract between the customer and the firm Holiday Extras Ltd., hereinafter referred to as "HX." They supplement and complete the statutory provisions of sections 651a-m BGB (Bürgerliches Gesetzbuch - German Civil Code) and the information requirements for travel businesses pursuant to sections 4-11 BGB InfoV (Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht - German Civil Code Regulation on provision of information). We therefore ask you to thoroughly read these Terms of Travel before booking your trip.
1. Conclusion of the travel contract / obligations of the booking party
1.1. By completing the booking process (travel registration), the customer is making a binding offer to HX for the conclusion of a travel contract. The basis for this offer is constituted by the travel advertisement, the special conditions for visiting LEGOLAND® pursuant to no. 11 of these Terms of Travel, and the supplemental information provided by HX for the trip in question, as far as these are available to the customer.
1.2. Travel brokers (e.g. travel agencies) and service providers (e.g. hotels, commercial carriers) are not authorised by HX to conclude agreements, provide information or make guarantees that alter the agreed content of the travel contract, go beyond the contractually agreed services of the travel organiser or contradict the travel advertisement.
1.3. Local and Internet advertisements that were not issued by HX are not binding on HX and its obligation to perform, insofar as they have not become the object of the travel advertisement or been made an integral part of the HX obligation to perform by express agreement with the customer.
1.4. Correspondingly, the regulation in no. 1.3 also applies to any brochures, Internet presentations and other advertising materials and service descriptions from Legoland itself. With regard to the services in the park and by the park,only the descriptions of service and agreements made between the customer and HX are authoritative.
1.5. Booking may be executed verbally,in writing, by telephone, by fax or in electronic form (email, Internet). In the event of electronic booking, HX will send an electronic confirmation immediately upon receipt of the booking request. This acknowledgement of receipt does not constitute an acceptance confirmation for the booking order.
1.6. The customer is responsible for all contractual obligations offel-low travellers on whose behalf he or she books the trip, as well as for his or her own, insofar as he or she has expressly assumed these obligations in a separate declaration.
1.7. This contract will go into effect upon the customer's receipt of the acceptance confirmation from HX. It does not require a certain form. At the time of, or immediately after, conclusion of the contract, HX will send a written travel confirmation to the customer. This requirement shall be waived if the customer booked the trip less than 7 working days before the beginning of the trip.
2. Payment
2.1. Amounts are payable to HX only if
a) HX can demonstrate that it has made arrangements for the protection of passengers in compliance with the requirements of the UK Package Travel Regulations 1992; or,
b) If the customer has been issued with a guarantee certificate from a German Insurance Company.
2.2. Once the contract has been concluded and the requirements of sub-clause 2.1 fulfilled a deposit of 20% of the total price of the trip shall be due. The remaining amount will be due 4 weeks before the beginning of the trip provided the trip cannot be cancelled for any reasons mentioned in clause 8.
2.3. If the trip lasts no longer than 24 hours, does not include any overnight stays and costs less than EUR 75,00 per customer, then neither the deposit nor balance payment are subject to the requirements of sub-clause 2.1 because insolvency cover is not required for such trips.
2.4. Should the customer fail to pay the deposit and/or the final payment in accordance on the agreed date(s) even though HX has agreed and is able to provide the contractual services, and the customer does not have a legal right to withhold payment, HX has the right, after giving the customer reasonable notice via email, to cancel the contract and charge the customer cancellation fees as set out in clause 5.
2.5 We charge a EUR 10,- service fee for each phone booking. The charge of 10€ for each phone booking is due immediately, whether you place a full or rest- payment.
2.6 The following forms of payment are accepted:
a) Payment by direct debit: This is possible up to 3 days before your arrival date. HX will directly debit the travel price against a German bank account. The payment will be deducted through our partner company "Global Collect BV".
b) Payment by credit card: The customer can pay by VISA or Mastercard. Payments made 2 days before your arrival date are only possible by credit card.
c) Payment by bank transfer: Where a customer does not own a credit card or a German bank account, HX will allow the customer to transfer the full payment to the HX bank account. This scenario is only valid when a customer is making a booking where they will stay more than 12 days later. If a customer is eligible to book and use the transfer scenario, HX would need to receive the correct bank details at the time the booking is made. HX need to have received full payment after 10 days of having made the booking. Where there is an international bank fee, these have to be paid for by the customer.
3. Changes in service
3.1. Any changes to basic travel services in the agreed content of the travel contract, which become necessary after the conclusion of the contract and were not brought about by HX contrary to good faith, are only permitted insofar as such changes are not substantial and do not have a deleterious effect on the overall concept of the trip.
3.2. Any warranty claims will remain unaffected insofar as the changed services are deficient.
3.3. HX is obligated to notify the customer of basic service changes immediately after becoming aware of the reason for the change.
3.4. In the event of a significant change to a basic travel service, the customer has the right to cancel the travel contract without incurring any charges or to demand participation in a trip of equal or higher value provided that HX is able to offer such a trip without additional charges to the customer. The customer must assert these rights immediately following notification by the travel organiser regarding the change in service or the cancellationofthe trip.
4. Price increases
4.1. HX reserves the right to change the price agreed in the travel contract in the event of an increase in transportation costs or in the charges for certain services such as harbour or airport fees, as well as in the event of fluctuations in the exchange rates applicable to the trip, in accordance with the following stipulations:
4.2. A price increase for the trip is only permitted if the time period between conclusion of the contract and the agreed date of the trip is more than 4 months and the conditions leading to the price increase had not been present or foreseeable by HX at the time of conclusion of the contract.
4.3. In the event of an increase in the transportation costs which apply at the time of conclusion of contract, particularly the cost of fuel, HX has the right to increase the price of the trip in accordance with the following calculation:
a) In the event of an increase specific to a particular seat, HX may demand the additional amount from the customer.
b) Otherwise,the additional transportation costs charged by the carrier for each means of transportation will be divided by the number of seats inside the agreed means of transportation. HX may request the thus additional amount thus calculated for each individual seat from the customer.
4.4. In the event of an increase in the harbour or airport costs which apply at the time of conclusion of the contract,HX may increase the price of the trip by the corresponding amount.
4.5. In the event of a change in the exchange rate after conclusion of the contract, the price of the trip may be increased to the extent that this change in the exchange rate has caused an increase in the costs incurred by HX.
4.6. In the event of subsequent changes to the price of the trip, HX must inform the customer immediately upon learning of the reason for the changes. Price increases are only permitted if the customer receives notification up to 21 days prior to the beginning of the trip. In the event of price increases of more than 5%, the customer has the right to cancel the travel contract without incurring any charges or to demand participation in a trip of equal or higher value, provided that HX is able to offer such a trip without additional charges to the customer. The customer must assert the above mentioned rights immediately following notification by HX regarding the price increase.
5. Cancellation by the customer before the start of the trip / cancellation rates
5.1. The customer may cancel the contract at any time before the start of the trip. HX must be notified of this cancellation at the address provided below. In the event that the trip was booked through a travel agency, the cancellation may also be declared to the agency. The customer is ad-vised to declare the cancellation in writing.
5.2. In the event that the customer should cancel before the start of the trip or fail to arrive for the trip, HX loses all claims to the price of the trip. Instead, HX may, insofar as it is not liable for the cancellation or a case of force majeure exists, demand appropriate reimbursement for any travel preparations made up until the time of cancellation and any expenditures arising in dependence on the price of the trip in question.
5.3. 5.3. In calculating the reimbursement cost, HX generally considered expenses saved and potential ulterioruses of travel services. The reimbursement cost will be calculated as follows after the time of receipt of the notice of cancellation:
- Air travel packages using commercial or charter flights:
- up to 31 days before the start of the trip 20%
- between 30 and 23 days before the start of the trip 25% of the total price
- between 22 and 16 days before the start of the trip 35% of the total price
- between 15 and 9 days before the start of the trip 50% of the total price
- between 8 and 3 days before the start of the trip 70% of the total price
- starting 2 days before the start of the trip up to the day of the start of the trip, or in the event of non-arrival, 80% of the total price of the trip; Own travel arrangements, holiday flats and homes; travel by bus and train
- up to 21 days before the start of the trip €35
- between 20 and 10 days before the start of the trip 50% of the total price
- between 9 and 3 days before the start of the trip 65% of the total price
- starting 2 days before the start of the trip up to the day of the start of the trip, or in the event of non-arrival, 80% of the total price of the trip;
The cancellation charges apply to the first date of your package, whether it be your hotel stay or first day in the park.
5.4. In any event, the customer retains the right to prove to HX that it incurred either no damages or significantly lower damages than those demanded in its flat rate. Excluded from this point is the charge of 10€ for a telephone booking (Refer to 2.5). HX will withhold this charge even in case of cancellation. There is no right for the refund of this charge.
5.5. Cancellations may be carried out on the same day as the booking was made, without any cancellation fee. This only applies when the booking was made at least three working days before the arrival date.
5.6. HX retains the right to demand a higher, specific rate of compensa-tion in place of the flat rates mentioned above, insofar as HX proves that it has incurred significantly higher expenses than the flat rate applicable in each case. In this case, HX is obligated to specify and document the damages requested, under consideration of the expenses saved and the potential ulterior use of the travel services.
5.7. The customer's lawful right to transfer the travel contract to a third party, pursuant to section 651b of the German Civil Code, shall not be affected by the conditions above.
6. Rebookings
6.1. The customer has no right to any changes with regard to the travel date, destination, starting location, accommodation or means of transportation (rebooking) after conclusion of the contract. Notwithstanding, if a rebooking is made at the request of the customer, HX may charge a rebooking fee in compliance with the following deadlines. Insofar as no other agreements have been made on an individual basis prior to confirming the rebooking, the rebooking fee shall be €35 per rebooking up until the starting point of the second section on the cancellation rate scale for the corresponding means of travel, pursuant to the stipulations in no. 5. In the case that the travel price changes during the course of rebooking, the difference needs to be paid on top of the rebooking fee. The rebooking fee will not apply should the amendment lead to an increase in overall price of the package.
6.2. Customer requests for rebookings after the applicable deadlines have expired, if possible at all, can only be acted upon after cancellation of the travel contract pursuant to no. 5.2 to 5.5 according to these Terms, and require a new registration. This does not apply to rebooking requests that create only minor expenses.
7. Unclaimed services
In the event that the customer fails to claim individual travel services offered to him or her in accordance with the contract due to reasons attributable to his or her own fault (e.g. premature return or other compelling reasons), he or she has no right to partial reimbursement of the price of the trip. HX will endeavour to secure refunds from the service providers for any expenses saved. This obligation does not apply if the services in question are insignificant or if statutory or official provisions prohibit are imbursement.
8. Cancellation due to failure to reach a minimum number of participants
8.1. HX may cancel the contract in the event of a failure to reach a minimum number of participants in accordance with the following stipulations:
a) The minimum number of participants, as well as the latest deadline for a cancellation by HX, must be clearly specified in the travel advertisement or, in the event of standardised regulations for all trips or certain types of trips, in a general reference catalogue or in a general service description.
b) HX must disclose the minimum number of participants and the latest cancellation deadline in the booking confirmation or refer to the corresponding specifications in the brochures.
c) HX must notify the traveller of the cancellation of the trip as soon as it becomes apparent that the trip cannot take place due to failure to reach the minimum number of participants.
d) A cancellationon the part of HXless than 4 weeksbefore the start of the trip is not permitted.
8.2. In the event of a cancellation, the customer may request another trip of equal or higher value, provided that HXis able to offer such a trip without additional charges to the customer. The customer must assert this right immediately following notification by HX regarding the cancellation.
8.3. In the event that the trip does not take place for the above mentioned reason,the customer is entitled to have any payments already made on the price of the trip returned without delay.
9. Termination on the grounds of compelling reasons
9.1. HX may terminate this travel contract without observance of a proper notice period if the customer, in spite of a warning by the travel organiser, continuously exhibits disruptive behaviour or behaves in such a way contrary to this contract that the immediate termination of the contract is warranted.
9.2. In the event that HX initiates a termination, it shall retain its entitlement to the price of the trip; however, it must allow the deduction of any expenses saved and of the value of any benefits derived from an ulterior use of unclaimed services,including any amounts refunded to HXbyservice providers.
10. Obligations of the customer
10.1. The obligation to report any defects pursuant to section 651d of the German Civil Codeshall be stipulated as follows with regard to HX trips:
a) The traveller must report any defects to the local HX representative (trip management,agency) without delay and request a remedy.
b) The traveller shall receive notification about the person, availability and contact information of the HX representative no later than upon receipt of the travel documents.
c) If local representation or trip management is not stipulated in the contractual agreement, the traveller must report any defects immediately to HX at the address provided below.
d) All claims on the part of the traveller shall be void unless the traveller was unable to voice his or her complaints for reasons beyond his or her control.
10.2. Travel managers, agencies and employees of service providers are not entitled or authorised by HX to confirm defects or acknowledge claims against HX.
10.3. In the event that a trip is significantly impaired by a travel defect, the customer may cancel the contract. The same applies if the traveller, as a result of such a defect, cannot reasonably be expected to complete the trip for a compelling reason recognisable by HX. A cancellation is only permitted if HX or,if available and contractually stipulated as point of contact, its representatives (trip management, agency) have let an appropriate time period, stipulated by the traveller, pass without remedying the defect. The stipulation of a time period for remedying the defect is not required if a remedy is impossible or is refused by HX or its representatives, or if the immediate termination of the contract is justifiable by a special interest on the part of the traveller.
10.4. In the event of lost or late baggage during air travel, travellers must report any damages or delivery delays immediately and on site to the responsible airline by providing a notice of loss. Airlines may refuse reimbursement if no notice of loss was filled out. In the event of damage to baggage, a notice of loss is to be submitted within 7 days,in the event of delay, it is to be submitted within 21 days following delivery. In addition, any loss, damage or misrouting of baggage is to be reported to the trip management or the local HX representative.
11. Special stipulations for visiting LEGOLAND®
11.1. If the price of the trip includes an admission ticket to LEGOLAND®, this ticket entitles the holder to access all attractions offered at the time of the visit, with the exception of attractions that require additional charges, as indicated at the site of the attraction.
11.2. The travel customer is not entitled to find all attractions that were advertised, in whatever form, by LEGOLAND®M actually offered at the time of his or her visit. LEGOLAND® will notify visitors about attractions that are unavailable at the entrance to LEGOLAND® as soon as their long term unavailability is determined. Notifications of the temporary unavailability of individual attractions will be posted at the site of the attraction. Individual availability is dependent on current visitor demand.
11.3. Camping bookings are valid for a pitch in the LEGOLAND Holiday Village Campsite where the travel customer may erect his own tent or park his own Caravan or Motor-Caravan. The Holiday Village does not provide the travel customer with any of these sleeping facilities for the campsite. The usage of the camping facilities (Sanitary facilities etc) is included in the package.
11.4. The travel customer is responsible for obeying all rules of conduct indicated at the entrance and other locations, particularly at individual attractions. These rules of conduct include the "law for the protection of minors." In the event of violations of the rules of conduct, LEGOLAND® has the option to exercise its domestic authority and to revoke any visitation rights of the customer and/or his or her fellow travellers and expel them from LEGOLAND®. With regard to the relationship between HX and the travel customer, this may be grounds for a cancellation of the travel contract pursuant to no. 9 of these Terms of Travel.
11.5. Limitation of liability
11.6. The contractual liability on the part of HX for damages that do not involve bodily injury is limited to three times the amount of the price of the trip
a) insofar as the damage arising to a customer is neither the result of a wilful act nor of gross negligence or
b) insofar as HX,due to fault of a service provider, bears sole responsibility for the damage arising to the customer.
11.7. The tortious liability on the part of the travel organiser for property damages, which are not due to wilful acts or gross negligence, is limited to three times the amount of the price of the trip. This maximum amount applies per customer and per trip, respectively. Potential claims beyond this amount in relation to baggage under the Montreal Agreement shall remain unaffected by this limitation.
11.8. HX does not assume liability for service disruptions, personal and property damage in connection with third-party services that were merely arranged by HX (e.g. excursions, sporting events, theatre visits, exhibitions, transportation from and to the announced point of departure and arrival) if these services are expressly marked as third-party services in the travel advertisement and the booking confirmation, underinclusion of the contractual partner, in such a way as to make it obvious to the customer that they are not part of the travel services offered by travel organiser. However, HX shall be liable
a) for services that include customer transportation from the announced point of departure for the trip to the announced point of arrival, as well as transportation and accommodation during the trip,
b) if and insofar as the damage arising to the customer was the result of a violation of notification, disclosure or organisational obligations on the part of the travel organiser.
12. Exclusion of claims
12.1. The customer must assert claims based on non-contractual execution of the trip within one month following the contractually agreed end date of the trip.
12.2. Claims in due time against HX may only be made using the address provided below/above. After expiry of the claims period,the customer may only assert claims if he or she was prevented from complying with the claims period through no fault of his or her own.
12.3. The above mentioned stipulations do not apply to the reporting of baggage claims or baggage delivery delays in relation to airline flights. These are to be reported within 7 days in the event of lost baggage and within 21 days following delivery in the event of baggage delivery delays. However, these exclusion periods do not apply to contractual claims toward HXthat are based on such baggage delays or baggage loss.
13. Statute of limitations
13.1. Pursuant to sections 651c-f of the German Civil Code, customer claims arising from damage to life, body or health, which result from a wilful or negligent breach of obligations on the part of the travel organiser or its lawful representative or vicarious agent shall lapse after two years. This also applies to claims for reimbursement of other damages that arise from a wilful or grossly negligent breach of obligations on the part of the travel organiser or its lawful representative or vicarious agent.
13.2. All other claims pursuant to sections 651c-f of the German Civil Code shall lapse after one year.
13.3. The statute of limitations pursuant to nos. 13.1 and 13.2 shall begin on the day following the contractually agreed end date of the trip.
13.4. In the event that the customer and HX are involved in negotiations about the claim or the circumstances underlying the claim, the statute of limitations shall be suspended until either the customer or HX refuse to continue the negotiations. The statute of limitations shall begin no sooner than three months following the end of the suspension.
14. Duties to furnish information about the identity of the operating air carrier.
14.1. Pursuant to the EU directive on informing air transport passengers of the identity of the operating air carrier, HX will notify the customer before or no later than at the time of booking of the identity of the operating air carrier(s) with regard to all air travel services required within the scope of the booked trip.
14.2. In the event that the operating air carrier(s) is/are yet to be determined at the time of booking, HX is obligated to name the air carrier(s) likely to operate the flight. HX shall notify the customer without delay once an operating air carrier has been determined for a flight.
14.3. In the event that an air carrier previously named as operating air carrier should change, HX shall notify the customer of this change without delay and as quickly as possible with the appropriate means.
14.4. The "blacklist" published in accordance with the EU directive (which lists air carriers banned from using airspace above the member states) maybe viewed on the HX website or directly under http://air-ban.europa.eu as well as in the business offices of HX.
15. Passport, visa and health regulations
15.1. HX shall notify citizens of a country within the European Economic Area where trips are offered about provisions concerning passport, visa and health regulations prior to conclusion of the contract, and inform them of potential changes to these regulations before the beginning of the trip. Citizens of other countries may receive information from their responsible consulate. It is assumed that the customer and potential fellow travellers have no special circumstances (e.g. dual citizenship, statelessness).
15.2. The customer is responsible for procuring and carrying all legally required travel documents, receiving potentially necessary vaccinations, and adhering to customs and exchange control regulations. The customer shall be liable for any disadvantages arising from the non-observance of these provisions, such as the payment of cancellation fees. This shall not apply if HX provided no, not enough or incorrect information.
15.3. HX shall not be liable for the timely issuance and receipt of required visas from the responsible diplomatic mission if charged with their procurement by the customer, unless HX culpably violated its obligations.
16. Choice of law and jurisdiction
16.1. The contractual relationship between the customer and HX shall be governed exclusively by German law. This also applies to the overall legal relationship.
16.2. Insofar as the merits of German law are not applied in the event of legal actions abroad against HX on the part of the customer, exclusively German law shall be applied with regard to the legal consequences, particularly with regard to the nature, extent and amount of claims on the part of the customer.
16.3. The customer may only sue HX at the location of its registered office.
16.4. For legal actions on the part of the travel organiser against the customer, the customer's permanent residence shall be decisive. For legal actions against customers, or contractual partners of the travel contract who are business people, bodies corporate organised under public or private law, or people whose permanent or usual residence is unknown at the time of filing of the suit, jurisdiction shall rest with the location of the registered office of the travel organiser.
16.5. The above-mentioned provisions regarding choice of law and jurisdiction shall not apply a) if and insofar as something else follows in favour of the customer from contractually not transactionable regulations of international agreements, which are applicable to the travel contract between the customer and HX or b) if and insofar as not transactionable regulations of the EU member state of which the customer is a citizen, which are applicable to the travel contract,are more favourable for the customer than the following regulations or the corresponding German provisions.
----------------------------------------------------------------------------------------------------
© copyright: RA Noll, Stuttgart 2009 – 2012
----------------------------------------------------------------------------------------------------
