Ordinance on Information and Follow-up Obligations under Civil Law (BGB-Information Obligations-Ordinance-BGB-InfoV)

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BGB-InfoV

Date of completion: 02.01.2002

Full quote:

" BGB-Information Obligations-Regulation as amended by the Notice of 5 August 2002 (BGBl. 3002), the most recent of which is Article 3 of the Law of 17 January 2011 (BGBl. 34) has been amended "

Status:	New by Bek. v. 5.8.2002 I 3002;
	Last amended by Art. 3 G v. 17.1.2011 I 34

For more details, please refer to the menu under Notes
The following provisions of this Regulation shall be used for the implementation of the following Directives:

1.

§ 1: Directive 97 /7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 97, 30.4.1997, p. EC No L 144 p. 19),

2.

§ 2: Directive 94 /47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis (OJ 1994, EC No L 280 p. 82),

3.

§ 3: Articles 10 and 11 of Directive 2000 /31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market ('Directive on electronic commerce ', OJ C 139, 30.4.2004, p. EC No L 178 p. 1),

4.

§ § 4 to 6, 8 and 9: Directive 90 /314/EEC of the European Parliament and of the Council of 13 June 1990 on package travel packages (OJ L 145, 31.5.1990, p. EC No 59) and

5.

§ § 10 and 11: Directive 97 /5/EC of the European Parliament and of the Council of 27 January 1997 on cross-border credit transfers (OJ 1997 L 97, p. EC No 43 p. 25).

Footnote

(+ + + Text evidence from: 9.1.2002 + + +) 
(+ + + Official notes of the norm provider on EC law: 
 Implementation of the 
 EC Directive 7/97 (CELEX Nr: 31997L0007) 
 EC Directive 47/94 (CELEX Nr: 31994L0047) 
 ERL 31/2000 (CELEX Nr: 32000L0031) 
 EWGRL 314/90 (CELEX Nr: 31990L0314) 
 ERL 5/97 (CELEX Nr: 31997L0005) + + +) 

  

Heading: IdF d. Art. 1 No. 1 V v. 13.3.2002 I 1141 mWv 1.5.2002

Section 1
(dropped)

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§ § 1 and 2 (omitted)

Section 2
(dropped)

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§ 3 (omitted)

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Section 3
Information and follow-up duties of tour operators

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§ 4 prospectuses

(1) If a prospectus is available to the tour operator via the journeys which it organises, it shall contain clearly legible, clear and accurate information on the travel price, the amount of the down payment to be paid, the maturity of the Remaining amount and also, as far as for the journey of meaning, about the following characteristics of the journey:

1.

destination,

2.

Means of transport (characteristics and class),

3.

Accommodation (type, location, category or comfort and main features, as well as-where available-their admission and tourist classification),

4.

meals,

5.

Itinerary,

6.

Passport and visa requirements for nationals of the Member State in which the journey is offered, as well as on health-related formalities required for the journey and residence,

7.

the minimum number of participants required for the journey to be carried out and the indication by which time the declaration must be received by the passenger at the latest before the commencend of the contract, that the number of participants is not and the journey will not be carried out.

(2) The information contained in the prospectus shall be binding on the tour operator. He may, however, declare a change before the conclusion of the contract, insofar as it has reserved this in the prospectus. The reservation of a price adjustment is permitted, in particular, for the following reasons:

1.

on the basis of an increase in transport costs, charges for certain services, such as port or airport charges, or a change in the exchange rates applicable to the journey in question, following publication of the prospectus,

2.

if the package price requested by the customer and advertised in the prospectus is only available through the purchase of additional quotas after publication of the prospectus.

The tour operator and the traveller may agree on the services deviating from the prospectus. (3) The provisions of paragraphs 1 and 2 shall apply accordingly, to the extent that information on the trips organized in a picture provided by the tour operator is provided. Sound carriers are included. Unofficial table of contents

§ 5 Information before the conclusion of the contract

The tour operator is obliged to inform the traveller before he/she makes a declaration of intent (booking) directed at the conclusion of the contract, to be informed about

1.

-passport and visa requirements, in particular the deadlines for obtaining such documents; this obligation relates to the requirements for nationals of the Member State in which the journey is offered,

2.

health-related formalities,

to the extent that such information is not already contained in a prospectus issued by the tour operator and made available to the traveller and, in the meantime, no changes have occurred. Unofficial table of contents

§ 6 Travel Confirmation, General Travel Conditions

(1) The tour operator shall issue a certificate of the travel contract (confirmation of travel) to the traveller at or immediately after the conclusion of the contract. (2) The travel confirmation must be confirmed in accordance with the nature of the journey, except in accordance with § 4 (1) (1) of the German Travel Association ( , the following information on the travel price and methods of payment and on the characteristics of the journey pursuant to § 4 (1) (2), (3), (4), (5) and (7) shall contain the following:

1.

the final destination or, if the journey includes a number of stays, the individual destinations and the individual periods and dates,

2.

Day, estimated time and place of departure and return,

3.

Visits, excursions and other services included in the travel price,

4.

References to such price changes as well as to their determinants (Section 651a (4) of the Civil Code) and to taxes not included in the travel price,

5.

agreed special wishes of the traveller,

6.

the name and address of the tour operator,

7.

on the passenger's personal responsibility to notify the tour operator of a defect that has occurred and on the fact that, prior to the cancellation of the travel contract (Section 651e of the Civil Code), a reasonable period of time is required for the tour operator to take part in the travel contract. If the remedy is not impossible or is refused by the tour operator, or if the immediate termination of the contract is justified by a particular interest of the traveller,

8.

in respect of the time limits to be complied with in accordance with Section 651g of the Civil Code, with a roll-call indication of the position to which the claims are to be made,

9.

on the possible conclusion of a travel cancellation insurance or insurance to cover the return costs in the event of an accident or illness, stating the name and address of the insurer.

(3) If the tour operator is based on the contract General Terms and Conditions, these must be fully communicated to the traveller prior to the conclusion of the contract. (4) The tour operator may also fulfil its obligations under paragraphs 2 and 3 by this comply with the information contained in a prospectus issued by him and made available to the traveller, which shall comply with the requirements laid down in paragraphs 2 and 3. In any case, the travel confirmation shall indicate the travel price and methods of payment. (5) Paragraphs 1 to 4 shall not apply if the traveller's booking declaration is made less than seven working days before the date of departure. However, the passenger shall be informed, at the latest when the journey is taken, of the obliet referred to in paragraph 2 (7) and the information referred to in paragraph 2 (8). Unofficial table of contents

§ 7 Contracts for visiting school stays (§ 651l of the Civil Code)

In addition to the information specified in § 6, the tour operator has to provide the traveller with the following information:

1.

the name and address of the host family in which the pupil or pupil is accommodated, including changes,

2.

The name and accessibility of a contact person in the host country, which may also be required to remedy the situation, including changes and

3.

The student or the student and the measures taken by the tour operator are required to grant aid.

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§ 8 Information before the start of the journey

(1) The tour operator shall inform the traveller in good time before the start of the journey.

1.

on departure and arrival times, places of intermediate stations and the connection connections to be reached there,

2.

if the passenger has to take a certain place in the transport, via this place,

3.

the name, address and telephone number of the local representative of the tour operator, or, if not available, the local authorities which may assist the traveller in the event of difficulties, and where such bodies do not exist, inform travellers of an emergency number and other information that they can use to communicate with the organiser.

In the case of minors travelling abroad, the person indicated at the time of booking must be informed of how a direct connection can be made to the child or to the person responsible for the place of stay. (2) A special communication after Paragraph 1 shall not be required in so far as the relevant information is already included in a prospectus or the confirmation of travel made available to the traveller and no changes have been made in the meantime. Unofficial table of contents

§ 9 Pattern for the security certificate

(1) Subject to § 10 of the German Code of Civil Code, the tour operator shall use the model specified in Appendix 1 in accordance with Section 651k (3) of the Civil Code. (2) The tour operator shall be allowed to use the format and font size of the model. , and print on the security note the company or a registration number of the customer's cash insurer and his authorised representative. If the security note is limited in time, it must be pointed out in the confirmation of travel in a clearly highlighted form. (3) The security certificate must be attached to the confirmation of travel or printed on its reverse side. (4) If the security note is on the The back of the confirmation of travel is printed on the front side of the printed security note in a clearly highlighted form. In such a security note, a number of customer money insurers may be specified, and the reference to the first sentence shall then be as follows:
" The security note is printed on the back. (5) If the certificate contains additional information or texts in addition to the security certificate, the security note must clearly stand out from this. (6) The security note can also be shown in text form and are electronically connected to the travel confirmation. Unofficial table of contents

§ 10 Proof in accordance with § 651k para. 5 of the Civil Code

A tour operator who has his principal place of business in another Member State of the European Communities or a State Party to the Agreement on the European Economic Area, and which shall ensure security in accordance with the provisions of the In accordance with the provisions of Section 651k (5) sentence 2 of the Civil Code, the rules of the other State are subject to the requirements of the provisions in force at the place of its principal place of business, but in German or in another to understand language. Unofficial table of contents

Section 11 Occasional Tour Operator

§ § § 4 to 8 do not apply to tour operators who organize package tours only occasionally and outside their commercial activities.

Section 4
(dropped)

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§ § 12 and 13 (omitted)

Section 5
(dropped)

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§ 14 (omitted)

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Section 6
Final provisions

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Section 15 General rules for the transfer of the model according to § 9

Previous security certificates can be used up to the end of 31 December 2002. Unofficial table of contents

§ 16 Control of the transmission of the samples in accordance with § 14

§ 1 (4) sentence 2 and § 14 (1) to (3) shall also apply to such information and teachings on the right of revocation or return, which correspond to the patterns in force until 31 March 2008, and to the consumer before the 1. They were notified in text form in October 2008. Unofficial table of contents

Appendix 1 (to § 9)
Pattern
for the backup slip

(Fundstelle: BGBl. I 2002, 3008)

(possibly use order marks of the customer money insurer and the tour operator)

Package travel guarantee voucher

pursuant to Section 651k of the Civil Code

for .....................................................................

(use the name of the traveler, the words "the traveler" or the number of the travel confirmation) 1)

(possibly use: period of validity of the security certificate) 2)

The customer money insurer specified below shall ensure (use the words "for the tour operator designated by the circumstance" or: the name and address of the tour operator) to the traveller that he/she will be reimbursed by him/her 1. the paid travel price, in so far as travel benefits are due to the insolvency or the opening of the insolvency proceedings concerning the assets of the tour operator, and 2. Necessary expenses incurred by the traveller as a result of the insolvency or opening of insolvency proceedings concerning the assets of the tour operator for the return journey.

The above liability of the customer money insurer is limited. It shall be liable for all amounts to be refunded by it in one year only up to an amount of € 110 million. Euro. If this sum is not sufficient for all travellers, the amount of the refund shall be reduced in proportion to the total amount. The reimbursement of amounts due shall not take place until the end of the year (indication of the period of time) in which the insurance case has occurred. 3)

If you have any further questions, please contact: (at least: name, address and telephone number of the address to be addressed; if it is not responsible for the settlement of the damage, also the name, address and telephone number of the authority responsible for the claim).

(use: name, earnable address of the customer's security deposit box)

Customer Money Safe

1)

This information may be omitted. In this case the following sentence shall be inserted:

"This security certificate shall apply to the accounting person and to all travel participants."

2)

If the security certificate is limited in time, the period must include at least the period from the conclusion of the contract to the end of the journey.

3)

This paragraph shall be waited in the case of customer money hedging, in which the limitation of liability according to § 651k para. 2 BGB is not agreed.

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Appendix 2 (omitted)

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Appendix 3 (omitted)