Terms & Conditions of Travel
General Terms & Conditions of Business (GTCs) of Movie Park Germany Services GmbH

The following general terms & conditions apply to the provision of travel services by Movie Park Germany Services GmbH. They govern the legal relationship between the traveller and the tour operator on the basis of the travel contract.

1. Conclusion of the travel contract

1.1 By sending your booking to the tour operator, you offer to enter into a contractual arrangement with the tour operator according to the travel offer. Bookings can be made exclusively through the website www.movieparkholidays.com. The person making the booking is also responsible for all the other travellers listed in the booking if he or she has made a specific and separate undertaking in this respect to the tour operator.
1.2 This travel contract enters into force upon the booking party’s receipt of a written booking confirmation/ invoice (in print-out or PDF file format) from the tour operator (to the e-mail address provided by the person making the booking).
1.3 If the content of the booking confirmation deviates from the content of the booking, the tour operator is deemed to have made another offer which is binding for a period of 10 calendar days. The travel contract is then concluded on the basis of this new offer if the traveller expressly or conclusively accepts it – for example, by paying an instalment towards the cost of the travel arrangement – within this 10-day period.

2. Payment

2.1 20% of the cost of the travel arrangement is payable when the booking confirmation is received and the security certificate is issued for bookings made more than 4 weeks in advance. The full amount of travel insurance costs is payable in conjunction with the downpayment. The remaining amount is due and payable 4 weeks prior to the commencement of the travel arrangement if the security certificate has been issued. When bookings are made less than 4 weeks before the commencement of the travel arrangement, the total cost is payable when the booking confirmation is received and the security certificate is issued. Cancellation fees (§ 5.2) and additional surcharges (§§3.2. and 5.7.) are payable immediately. If due payments are not effected on the agreed dates, the tour operator is entitled, after issuing a warning and setting a payment deadline, to cancel the travel contract and invoice the cancellation fee to you pursuant to 5.2. and 5.3.
2.2Payments can be effected by “Sofortüberweisung”, Giropay, Ideal (online banking necessary), paypal, or credit card (VISA or MasterCard with 3 D Securcode). Movie Park Services GmbH reserves the right not to provide one or more of the above mentioned payment methods currently available (Status: 28.01.2015). The payer is responsible for all charges associated with international payments.
2.3 Payments effected to the tour operator are insolvency protected pursuant to section 651 k of the German Civil Code (Bürgerliches Gesetzbuch, BGB). The security certificate is sent to the traveller in conjunction with the booking confirmation/ invoice.

3. Scope and ancillary agreements

3.1 The scope of contractual services to be provided is oriented on the service description (e.g. in an advertisement, on the tour operator’s website) and the data provided in this connection on the tour operator’s booking confirmation. Service descriptions in catalogues, advertisements or service provider websites such as hotels and other third parties are non-binding for the tour operator.
3.2 If age-related discounts are granted, the date of departure is authoritative for compliance with the age limit. If an incorrect age is stated in the booking, the tour operator is entitled to invoice the traveller for the amount of the difference to the correct price, plus a EUR 50,00 processing fee. The onus is on you to prove that no processing fee or a lower processing fee was incurred.
3.3 Travel agents and third parties are not entitled to confirm ancillary agreements or provide assurances on the tour operator’s behalf which deviate from the travel offer or the booking confirmation. If the tour operator does not provide a booking confirmation, requests which are made in the booking are deemed to be non-binding and no guarantee can be provided that such requests will be complied with.

4. Travel documents

Travel documents are generally sent by electronic means after payment of the tour price in full has been effected. A link is provided in the e-mail with which a PDF document can be downloaded. If you don’t have Adobe Acrobat Reader installed on your computer, use the download link in your booking confirmation. The travel documents have to be printed out. They include a hotel voucher for hotel check in, electronic tickets for the park and vouchers for additionally booked products. You will only be granted access to the park and hotel upon presentation of these travel documents.

5. Traveller cancellations, booking changes, substitute travellers, electronic travel document issue

5.1 The traveller may cancel the contract at any time up to the date of travel. Travellers are recommended to cancel bookings in writing or email, specifying the booking number. The date on which the tour operator receives the cancellation notice at the address/ email address specified on the booking confirmation is authoritative for the cancellation and date of cancellation. If the travel arrangement is booked via a travel agency, cancellations can also be made via the travel agency.
5.2 If you cancel your travel arrangement in advance or do not show up on the commencement date, the tour operator loses its entitlement to the price of the travel arrangement. Instead, the tour operator may demand appropriate compensation pursuant to section 651i of the German Civil Code (Bürgerliches Gesetzbuch, BGB) except if the tour operator or an event of force majeure is responsible for the traveller's cancellation or failure to arrive. The tour operator may demand the following flat-rate compensation for cancellation (cancellation fee), depending on the date on which the cancellation notice is received:
up to 22 days in advance 20%
21 to 8 days in advance 30%
7 to 3 days in advance 80%
2 days in advance
or no show 95%
of the total cost of the package.
5.3 The onus is on the traveller to prove that the tour operator has incurred no or lower damages than the flat-rate cancellation fee. In this case, compensation will be calculated on an individual basis.
5.4 We recommend the conclusion of a travel cancellation insurance policy.
5.5 If the holiday is cancelled and hotel vouchers, tickets and vouchers for additionally booked products have already been sent out, these must be returned without delay to the tour operator. The tour operator reserves the right, in the event that they are not returned immediately, to charge any resulting additional costs incurred to the traveller.
5.6 Booking changes which involve subsequent changes to the booked travel services, such as the date of travel or type of accommodation, are not generally possible. This does not affect the traveller’s right to cancel the booking prior to the commencement date.
5.7 The traveller may provide written notice to the tour operator of transferring the rights and obligations under the travel contract to another person up to the date of departure. The tour operator has the right to reject a third party’s entry into the travel contract if he or she does not comply with the travel requirements or his or her participation would be in contravention of laws or regulations. If a substitute takes the place of a registered traveller, an administration fee of EUR 10 per person will be charged. The onus is on the traveller to prove that the tour operator did not incur any costs or incurred considerably lower costs in this respect. The additional costs incurred as a result of substituting one traveller with another (e.g. issue of new travel documents) will be charged to the traveller or substitute.

6. Contract cancellations due to unusual circumstances and cancellations by the tour operator

6.1 In cases of force majeure, the statutory provisions of section 651 j of the German Civil Code (Bürgerliches Gesetzbuch, BGB) apply.
6.2 The tour operator may cancel the travel contract without notice and without issuing a warning if the traveller acts in severe breach of contract and an immediate cancellation of the contract is justified. If the tour operator cancels the contract on these grounds, it is still entitled to payment of the booked travel arrangement. However, it shall offset any expenditures not incurred and any benefits accrued through alternative utilisation of services not utilised by the person concerned, including any amounts refunded by the respective service providers.

7. Price and service changes, restricted services and services not used

7.1 The tour operator reserves the right to subsequently increase the cost of the travel arrangement to cover person-related increases in transport costs or charges for specific services (such as port or airport charges). This only applies if the date of travel is more than 4 months after conclusion of the travel contract. Person-related price increases are charged at the difference between the price at the time of the notification of change and the price valid at the time when the contract was concluded. The tour operator shall inform the traveller without delay of any price changes. Price changes are only admissible up to the 21st day prior to departure. If a price change amounts to than 5% of the total package price, the traveller is entitled to cancel the travel contract without incurring any charges or to demand a travel arrangement of equal value if the tour operator is in a position to offer it to the traveller without additional costs being incurred by the traveller. The traveller shall assert this right immediately after receiving notification from the tour operator. Written form is recommended.
7.2 Any changes in or deviations from individual travel services specified in the original travel contract that may become necessary after conclusion of the contract and are not due to actions on the part of the tour operator involving a breach of good faith are permissible only to the extent that they are of minor significance and do not impair the overall nature of the travel arrangement booked.
7.3 In the low season, some hotel facilities and outdoor pools may be unavailable or subject to restrictions.
7.4 The traveller’s non-utilisation of specific services does not affect the tour operator’s entitlement to payment of the full price for the travel arrangement. The tour operator shall, however, endeavour to obtain reimbursements of expenditure which is not incurred from the service provider and pass them on to the traveller. This undertaking does not apply to services of minor significance or if reimbursement would be in contravention of statutory or official regulations.

8. Traveller’s duty to cooperate

8.1 The traveller undertakes to check the information and data in the electronic booking confirmation - particularly the correctness of personal data, period of travel and booking data (room type, number of persons and booked arrangement) without delay after receiving it and to inform the tour operator of any errors or deviations from the booked travel arrangement.
8.2 The traveller shall check all electronic travel documents issued after full payment has been effected to ensure that they are complete and in accordance with the booking confirmation. If, one week prior to departure, the traveller has not received specific travel documents, such as park tickets or hotel vouchers, or these documents are incomplete or deviate from the booking confirmation, he or she shall contact the tour operator without delay.
8.3 The traveller shall ensure that he or she can be reached at the contact details provided in the booking – in particular the telephone number and e-mail address stated – in the final three days prior to departure.
8.4 The traveller and all members of his or her party undertake to comply with the Park Regulations (General Terms & Conditions for Visitors to Movie Park Germany) and the general terms & conditions of other service provider (e.g. hotel regulations if hotel accommodation is booked) at all times during their visit to Movie Park Germany. A copy of the Park Regulations is displayed at the Movie Park Germany ticket office and the general terms & conditions of the service providers are available from or on display at their receptions or ticket offices.

9. Travel insurance

When travel insurance is taken out via the tour operator, the insurance policy is concluded exclusively between the traveller and the insurance provider pursuant to the appurtenant terms and conditions of insurance. Insurance cover is not provided until full payment of the insurance premium, which is due at the time of payment of the travel arrangement. The onus is on the traveller to comply with obligations arising under the insurance policy and to assert claims under the policy vis-à-vis the insurance provider.

10. Warranty, notice of defects and cancellation, loss mitigation

10.1 If a travel service is not provided or not provided as contractually agreed, the traveller may demand remedy. The traveller is required to notify the contact person specified in the travel documents of defective service without delay and demand remedy. If notification of defective service is not provided to the specified contact person, the traveller may not be able to assert any claims (reduction in price, compensation) against the tour operator.
10.2 The tour operator may also provide an alternative service of equal or higher value by way of remedy. It may refuse remedy if this would involve disproportionate expenditure.
10.3 Termination of the travel contract pursuant to section 651 e of the German Civil Code (Bürgerliches Gesetzbuch, BGB) by the traveller is only admissible if the tour operator fails to provide remedy within a reasonable timeframe as specified by the traveller. It is not necessary to set a timeframe if remedy is impossible or the tour operator refuses to provide remedy or the immediate termination of the contract is justified in the specific interest of the traveller. In cases of impaired performance, the traveller undertakes to do everything possible within the framework of statutory provisions to eliminate the impairment and minimise the associated losses.
10.4 The service provider is not entitled to recognise claims of any type.

11. Liability restrictions, claim notification, limitation, exclusion of assignment

11.1 The tour operator’s liability under the travel contract for non-physical damages is limited to three times the price of the travel arrangement (a) provided that the damages incurred by the traveller were not caused by deliberate acts or gross negligence and (b) provided that the tour operator is responsible for the damages incurred by a traveller solely as a result of blame on the part of a service provider.
11.2 In all cases of claims for damages due to tort which are not caused by deliberate acts or gross negligence, the tour operator shall have liability of up to three times the price of the travel arrangement per traveller and travel arrangement.
11.3 We recommend travellers to indemnify these risks by concluding a travel accident and luggage insurance policy.
11.4 Independently of providing immediate notification of defective service, the traveller has to assert any claims for price reduction or damage compensation in connection with travel services provided by the tour operator to the tour operator within one month of the contractually agreed end date of the travel arrangement. After this time, the traveller may only assert claims if he or she is not at fault for non-compliance with the deadline. The timely assertion of the claim to the tour operator, service provider or another third party is not sufficient. To ensure timely processing, reduction and damage claims have to be submitted in writing or per email.
11.5 The statutory limitation period for traveller claims arising from the travel contract pursuant to sections 651c to 651f of the German Civil Code (Bürgerliches Gesetzbuch, BGB) is reduced to one year. This does not apply to traveller claims arising from the travel contract pursuant to 651c to 651f BGB (a) if they pertain to injury to life, limb or health or a negligent or deliberate breach of contract on the part of the tour operator, its legal representative or vicarious agent or (b) if they pertain to compensation for other damages due to a deliberate or grossly negligent breach of obligation on the part of the tour operator or a deliberate or grossly negligent breach of obligation on the part of one of the tour operator’s legal representatives or vicarious agents. In such cases, the limitation period is two years. Claims in respect of tort are subject to the statutory limitation periods.
11.6 The limitation period commences on the contractually agreed end date of the travel arrangement. When the traveller and the tour operator are in negotiations on the claim or the circumstances surrounding the claim, the period of limitation is suspended until such time when the traveller or tour operator declines to continue the negotiations. The limitation period commences 3 months after the end of the suspension at the earliest.
11.7 The assignment of warranty or damage compensation claims and the assertion of claims in court by other travellers or members of the travel party are excluded unless the person to whom the claims are assigned has declared by separate signature on the booking that he or she will assume the contractual obligations of the person who has assigned the rights to him or her.

12. General provisions

12.1 The personal data provided to the tour operator for the execution of the contract shall be processed and used in accordance with German data protection regulations.
12.2 The invalidity of individual provisions of the travel contract shall not invalidate the travel contract as a whole. The same applies to these terms & conditions of travel.
12.3 It is agreed that German law shall apply to the entire legal relationship between the traveller and the tour operator. If the traveller brings legal action against the tour operator in another country in respect of the tour operator’s liability and German law is not applied on the merits of the case, German law shall apply exclusively with regard to legal consequences, in particular the type, scope and amount of the traveller’s claims.
12.4 The traveller may only bring legal action against the tour operator at the latter’s registered seat. In cases of legal action brought by the tour operator against the traveller or a partner to the travel contract which are commercial persons, corporate bodies under public or private law or persons who have their residence or customary domicile abroad or whose whereabouts is unknown at the time when the action is brought, the legal venue is agreed as the registered seat of the tour operator.
12.5 The aforementioned provisions on applicable law and legal venue do not apply

a. if, and to the extent that provisions under mandatory international treaties apply to the travel contract concluded between the traveller and the tour operator and prescribe otherwise in favour of the traveller or
b. if and to the extent that mandatory and non-dispensable provisions in the traveller’s EU Member State apply to the travel contract which are more favourable for the traveller than the provisions in these terms & conditions of travel or the applicable German laws.

 

Tour operator:

Movie Park Germany Services GmbH

Warner-Allee 1, 46244 Bottrop-Kirchhellen, Germany

Commercial Register No. HRB-4919; Gelsenkirchen District Court

Managing Director: Thorsten Backhaus

VAT no.: DE275060892

Last revised: January 2015

Movie Park Germany Services GmbH • Warner Allee 1 - 46244 Bottrop-Kirchhellen
+49 (0) 2045 – 899 899 (Bookings cannot be done by telephone)
info@movieparkholidays.de

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