Terms and conditions for travel packages organised by LEGOLAND Holidays Deutschland GmbH
1. Entry into the package contract
1.1 LEGOLAND® Holidays Deutschland GmbH (“LLH”) offers travel services over the Internet and through its call centre. The descriptions provided for its services take into account the conditions and circumstances existing at the time of booking. Bookings can be made by telephone or electronically (via the Internet) at www.LEGOLANDHolidays.de.
1.2 The following applies to all booking methods specified in section 1.1:
1.2.1 The information that is provided prior to entering into the contract in accordance with German Civil Code (Bürgerliches Gesetzbuch, BGB) and pertains to essential features of the travel services, package price, all additional costs, payment terms, and termination fees (in accordance with Introductory Act to the BGB (Einführungsgesetz zum BGB, EGBGB) art. 250 s. 3(1), (3) to (5), (7)) shall be integral to the contract unless LLH and the Customer explicitly stipulate otherwise.
1.2.2 The Customer shall only be liable to pay additional fees, charges, and other expenses if he/she has been informed of them in accordance with EGBGB art. 250 s. 3(3) before he/she offers to enter into the contract.
1.2.3 The travel itinerary and additional information from LLH shall form the basis for the respective package so far as they are available to the Customer.
1.2.4. The Customer shall be the party to place the booking, including for all participants listed in the booking, with the Customer being held contractually liable for both him/herself and any other participant.
1.2.5. Should the content of the package confirmation differ from that of the booking, this shall represent a new offer from LLH to which LLH shall be bound for a period of two days. The contract shall take effect on the basis of this new offer from LLH if the Customer gives his/her acceptance within the aforementioned period.
1.2.6. The Customer shall immediately notify LLH if he/she has not received the package confirmation in full.
1.3 Bookings submitted by telephone shall be subject to the following terms and conditions:
1.3.1 By submitting a booking, the Customer shall be making LLH a binding offer to enter into a package contract. The Customer shall be the party to place the booking, including for all participants recited when booking, with the Customer being held contractually liable for both him/herself and any other participant.
1.3.2 The contract shall take effect upon acceptance by LLH. LLH shall confirm acceptance by issuing a written travel confirmation. LLH shall provide the Customer a copy or confirmation of the contract using a durable medium when entering into the contract or immediately after.
1.4 Bookings submitted electronically (over the Internet) shall be subject to the following terms and conditions:
1.4.1 The Customer may select from the itinerary and other information provided by LLH for the relevant package.
1.4.2 By clicking on the button “Confirm Booking”, the Customer shall make a binding offer to LLH to enter into a contract for package travel. The Customer may review and modify his/her data at any time prior to submitting this booking. However, the Customer can only submit and send in the booking if he/she has accepted the Terms and Conditions for Travel Packages and inserted them into the booking by clicking on the button “Yes, I have read the Terms and Conditions for Travel Packages and accept them”.
1.4.3 LLH shall then immediately send to the Customer an email containing confirmation of the travel; the contract shall only take effect when LLH issues this travel confirmation. LLH shall send the Customer the content of the contract (consisting of the booking, terms and conditions, and travel confirmation) in this email or a separate email using a durable medium (email or paper printout) (collectively the “contract confirmation”). Data shall be safeguarded when storing the content of the contract.
1.5 In accordance with BGB ss. 312(7) and 312g(2)(9), travel package contracts pursuant to BGB ss. 651a and 651c that are entered into remotely shall not be subject to a right of revocation that can be exercised by the Customer; instead such contracts shall enjoy only statutory withdrawal and termination rights including, but not limited to, the right of withdrawal provided under BGB s. 651h. However, a right of revocation shall be provided if the contract for travel services pursuant to BGB s. 651a is entered into outside of business premises, though not if the verbal negotiations leading to conclusion of the contract were held at the request of the consumer; in the latter situation a right of revocation shall also not be provided.
2.1 The payments that must be tendered towards the package price shall be protected against insolvency in accordance with BGB s. 651r. The Customer shall receive a corresponding risk coverage certificate from a German insurance company with his/her travel confirmation.
2.2 The full package price shall be due for payment upon finalising the booking and receiving the risk coverage certificate.
2.3 LLH accepts the following payment methods:
• Credit card: the Customer may pay by Visa, Mastercard, or American Express. The credit card tendered shall be charged directly after sending the booking confirmation.
• Direct debit: direct debits can only be collected from German bank accounts. The amount shall be debited no later than three days after booking.
• Manual bank transfer: payments may be tendered by bank transfer to the following LLH account up to 10 days before commencement of travel and after receiving prior, written confirmation from LLH; IBAN: DE21 2003 0000 0603 1603 91, SWIFT: HYVEDEMM300.
• PayPal: the Customer’s PayPal account shall be charged directly during the booking process.
2.3.1 LLH shall not be held liable for expenses incurred when paying with credit or Maestro cards or by bank transfer from abroad.
2.3.2 When booking by telephone, it shall be required to state a credit card number and expiry date or provide a valid German bank account. LLH shall directly charge the package price in full after sending out the booking confirmation and risk coverage certificate.
2.4 The prices provided for the travel services are final prices inclusive of legally applicable value added tax. During promotions, the indicated price shall already include any discounts.
2.5 All payments and transfers shall be tendered in euros.
2.6 If due payments are not tendered or not tendered in full and the Customer does not pay even after receiving a payment demand with a due date, LLH may withdraw from the package contract unless it is already significantly noncompliant with the contract at that point in time. Should LLH withdraw from the package contract, it may charge termination fees as compensation in accordance with section 6.
3.1 The services that are contractually agreed are specified in the service descriptions on the Internet and in the information pertaining to them in the travel confirmation.
3.2 Where tickets to the LEGOLAND Amusement Park are included in the package price, such tickets shall entitle the holder(s) to utilise all services offered at the time of visiting except for services subject to an additional charge advertised separately at the place where the service is provided.
The visitor shall not be entitled to be actually offered at the time of his/her visit all services that are advertised as being present by LEGOLAND Deutschland Freizeitpark GmbH (“LEGOLAND Amusement Park”). LEGOLAND Amusement Park shall post notice about unavailable services at the entry to the park as soon as it is clear that they will not be available for a longer period of time. LEGOLAND Amusement Park shall provide notice of individual services or attractions becoming unavailable at short notice at the place where the service is provided. Individual availability shall be dependent on the respective demand from visitors.
When booking a package with reduced admission, e.g. for children, checks should be expected at the park’s entrance. Proof of entitlement to a reduction will have to be provided. If such proof is not provided, LEGOLAND Amusement Park may request additional payment or refuse entry.
3.3 Camping bookings for the LEGOLAND Holiday Village camping ground shall apply only to one spot where the Customer may park his/her camper, caravan, or trailer or set up his/her own tent. Use of all camping ground facilities, including hygiene facilities, shall be covered by the package price. This shall not apply to LEGOLAND Holiday Village services subject to an additional charge as advertised.
3.4 When booking accommodation services from LLH’s hotel partners, the Customer shall be entitled to utilise all services on offer except for services for which the partner hotel charges an extra fee as advertised.
3.5 Discounts or other reductions shall not be applied once the booking is complete except for LEGOLAND Amusement Park ticket discounts for disabled persons. For such discounts the Customer shall report to LEGOLAND Amusement Park Guest Services or the LEGOLAND Holiday Village reception desk with his/her tickets and proof of the corresponding entitlement.
3.6 Special wishes must be communicated when placing the booking. LLH and its partner shall endeavour to satisfy the Customer’s wishes as far as possible though cannot provide any guarantees.
3.7 The Customer shall not be entitled to accommodate in its rental unit more people than agreed contractually with LLH. In the event of violations, LLH shall be entitled to void the contract and demand a one-time penalty of €140.00 (one hundred and forty) for the excess occupants for the duration of the prohibited use.
4. Changes to services
4.1 Where individual travel services must change or vary from the agreed specifications of the package contract after it is entered into and for reasons not created by LLH contrary to good faith, this shall only be permitted if the changes or variances are not significant and do not negatively affect the overall arrangements for the package booked.
4.2 Potential guarantee claims shall not be affected if the modified services do not comply with contract specifications.
4.3 LLH shall be required to notify the Customer without delay if a service changes or varies. If applicable, LLH may offer for the Customer to rebook or cancel free of charge.
4.4 In the event that an essential travel service changes significantly, the Customer shall be entitled to withdraw from the package contract without fees or to demand a package of at least equivalent value if LLH is able to provide such a package from its offering without additional expense for the Customer. The Customer must exercise these rights immediately after LLH provides notification that the travel service is changing.
5. Changes to booking or of Customer
5.1 Bookings may be changed free of charge up to 21 days prior to the date on which the package commences on condition that the desired service is available. If available, LLH shall charge a flat change fee of €35.00 (thirty-five) for change requests that arrive later than this. This shall not apply to changes that result from LLH providing the Customer incorrect information as per EGBGB art. 250 s. 3 prior to entering into the contract; a change fee shall not be charged in such cases.
5.2 Bookings may be changed up to three days prior to commencement of the package. A cancellation fee of 90% of the package price shall be charged after this time.
5.3 Changes that are requested immediately on the day of booking shall not be subject to a fee.
5.4 The total price may increase after changing a booking on account of the service changes accepted by LLH. The additional amount shall be charged to the Customer. It shall be due for payment as governed in section 2.2 depending on the time of the change. If the changed booking results in a reduced price, the difference shall be refunded to the Customer.
5.5 The Customer may until the package commences request that a third party step in to fulfil the Customer’s rights and obligations under the package contract in the Customer’s place. LLH may object to the third party entering into the contract if the third party does not satisfy the special package requirements or statutory provisions or official orders bar the third party’s participation. Should a third party enter into the contract, that third party and the Customer shall be held jointly and severally liable by LLH for payment of the package price and the additional expenses incurred by the third party joining.
6. Cancellation by the Customer
6.1 The Customer may cancel the package at any time prior to commencement of travel. The time at which notice of cancellation is received by LLH shall be deemed the time of cancellation. The Customer is advised to cancel the package in writing for documentation purposes.
6.2 Should the Customer cancel the package contract or not commence the package travel, LLH may obtain compensation for the travel preparations made and expenses incurred. Expenses that are usually saved and other usual, potential uses for the package services shall be factored in when calculating the amount of this compensation.
6.3 LLH shall charge flat cancellation fees for each booking based on the following scale:
• Up to 21 days before package commencement: flat €35.00 per booking
• 20 to 10 days before package commencement: 50% of the total price for the services booked
• 9 to 3 days before package commencement: 65% of the total price for the services booked
• 3 or fewer days before package commencement: 90% of the total price for the services booked
• If package is not used: 90% of the total price for the services booked
The date used when calculating the cancellation fee shall be the date on which the Customer’s notice of cancellation is received.
6.4 If requested by the Customer, LLH shall be required to give reason for the amount of compensation charged.
6.5 In contrast to the second sentence of section 6.2, LLH may not request compensation if at the destination or in its immediate proximity there are unavoidable, exceptional circumstances that significantly and negatively affect the provision of the travel package or the persons’ transport to the destination. For the purposes of this subsection, circumstances shall be deemed unavoidable and exceptional if they are not under the control of the party invoking this subsection and their consequences would not have been avoided even if all reasonable precautions had been taken.
6.6 The Customer shall be entitled to demonstrate to LLH that LLH has experienced significantly smaller losses or no loss at all as a result of the package being cancelled or going unused.
6.7 If the package is cancelled, LLH may obtain from the Customer reimbursement for any additional expenses that are actually incurred.
6.8 Cancellation charges shall also be paid if the Customer does not embark on the package travel or does not do so on time.
7. Unused services
Should the Customer, for reasons attributable to him/her, not utilise individual travel services duly offered to him/her (e.g. due to returning home early or other compelling reasons), the Customer shall not be entitled to a pro rata refund of the package price. LLH shall endeavour to refund the expenses saved by the service provider. This obligation shall be void if the services are fully insignificant or if statutory or official regulations prohibit a refund.
8. Cancellation by LLH
LLH may terminate the package contract without notice if provision of the package is consistently disrupted by the Customer despite LLH warning against it. The same shall apply if the Customer breaches contract to such a degree that immediate termination of the contract is justified. LLH shall however remain entitled to payment of the package price. Nevertheless, LLH shall still have to deduct the value of the expenses saved and the benefits gained from a differing use of the unutilised services. Notice of termination generally must be provided in writing.
9.1 Should an LLH service not be rendered as provided in the contract, the Client shall be able to obtain a remedy. LLH may refuse the remedy if it requires disproportionate effort or expense. LLH may also provide a remedy by rendering an equivalent substitute service.
9.2 For the length of time that the package is not provided as contractually specified, the Client may obtain a corresponding reduction of the package price (discount). The package price shall be reduced by the difference between the value of the package when provided as contractually specified and its actual value, both at the time the contract was entered into. A discount shall not be given if the Customer culpably fails to report the nonconformity.
9.3 If a travel package is significantly and negatively affected due to LLH’s noncompliance with the package contract and LLH does not provide a remedy within a reasonable period of time, the Client may terminate the package contract – in his/her own interest and preferably in writing for documentation purposes – within the legal framework provided for this. The same shall apply if it is not reasonable for the Customer to use the package as a result of LLH’s noncompliance for significant reasons that it is aware of. A deadline for a remedy shall not be required only when a remedy is impossible or refused by LLH or when immediate termination of the contract is justified by a legitimate interest of the Customer. The Client shall owe LEGOLAND the portion of the package price payable for the services utilised if such services were of interest to the Customer.
9.4 The Customer may obtain compensation for the contract not being fulfilled without prejudice to a discount or termination unless LLH was forced not to comply with the package contract for reasons not of its own.
10. Limitation of liability
10.1 The contractual liability of LLH for damages not resulting from physical injury shall be limited to triple the package price, provided the Customer’s loss was not caused through intent or gross negligence.
10.2 The liability of LLH for any claim raised against the organiser for compensatory damages for a tort not caused through intent or gross negligence shall be limited to €4,100 for damage to property; should the package price when tripled exceed this amount, liability for damage to property shall be limited to triple the amount of the package price. These limitations on liability apply per customer and package.
11. Obligation to cooperate
11.1 The Customer shall be required to cooperate within the framework provided by law and avoid or minimise potential losses and damage should there be disruptions to services.
11.2 Travellers shall be required to report contractual noncompliance to LLH directly and without delay. Travellers can do so by calling +49 (0) 180 6 225789 or by sending a fax to +49 (0) 180 6 545801 or an email to info@LEGOLANDHolidays.de.
12. Claim exclusion and expiry
The entitlements provided to the Customer under BGB s. 651i(3) shall expire after two years. This expiry date shall not apply in instances of gross negligence, intent, or injury to life, limb, or health. The expiry date shall be counted from the contractually agreed end date for the travel package.
Cancellation insurance shall not be included in the package price. For this reason LLH recommends taking out such insurance from Hanse Merkur Reiseversicherung AG to cover repatriation costs in case of accident or illness.
Unenforceability of individual provisions shall not by consequence render the entire contract unenforceable.
15. Governing law and venue
15.1 Solely German law shall govern the contractual and legal relationship between the Customer and LLH.
15.2 Venue for actions brought by the Customer against LLH shall be where the latter is registered.
15.3 Venue for actions brought against the Customer by LLH shall be determined by where the Customer resides unless such actions are brought against general merchants or persons who move to a foreign domicile or usual place of residence after entering into the contract or whose domicile or usual place of residence is unknown at the time of bringing the action. In such cases venue shall be where LLH is registered.
16. Consumer dispute resolution
Bookings placed through an electronic legal transaction are subject to the following:
The European Commission offers a platform for online, out-of-court dispute resolution (the ODR platform), which the Customer can find at http://ec.europa.eu/consumers/odr/. LLH is neither required nor willing to participate in a dispute resolution procedure before a consumer protection body.
Version: June 2018