Regulation On Information And Evidence Obligations Under Civil Law

Original Language Title: Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht

Read the untranslated law here: http://www.gesetze-im-internet.de/bgb-infov/BJNR034200002.html

Regulation on information and evidence obligations under civil law (BGB informationspflichten regulation BGB-InfoV) BGB-InfoV Ausfertigung date: 02.01.2002 full quotation: "BGB-informationspflichten regulation as amended by the notice of 5 August 2002 (BGBl. I S. 3002), most recently by article 3 of the law of January 17, 2011 (BGBl. I p. 34) has been changed" stand: Neugefasst by BEK. v. 5.8.2002 I 3002;
 
as last amended by art. 3 G v. 17.1.2011 34 for details on the stand number you find in the menu under instructions the following provisions of this Regulation as part of the implementation of the following guidelines: 1. § 1: Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in contracts in respect of distance contracts (OJ EC No. L 144, p. 19), 2nd § 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 on a timeshare basis (OJ EC No. L 280 S. 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 the information society services, in particular electronic commerce, in the internal market ('directive on electronic commerce', OJ EC No. L 178, p. 1), 4. sections 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 (OJ EC No. L 158, p. 59) and 5 pursuant to sections 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 EC No. L 43, p. 25).
Footnote (+++ text detection from: 9.1.2002 +++) (+++ official notes of the standard authority on EC law: implementation of EGRL 7/97 (CELEX Nr: 31997 L 0007) EGRL 47/94 (CELEX Nr: 31994 L 0047) EGRL 31/2000 (CELEX Nr: 32000 L 0031) EWGRL 314/90 (CELEX Nr: 31990 L 0314) EGRL 5/97 (CELEX Nr: 31997 L 0005) +++) heading: IdF d. Article 1 No. 1 V v. 13.3.2002 I 1141 mWv merely section 1 (dropped out) §§ 1 and 2 (dropped out) section 2 (dropped out) § 3 (dropped out) - section 3 information and evidence obligations by tour operators section 4 provides brochure information (1) Tour operators over which he held a prospectus available travel, so must this clearly readable, clear and details contain the maturity of the balance of the travel price, the amount of a deposit to be paid, and also, as far as for the travel of importance, following characteristics of travel: 1 destination, 2. means of transport (characteristics and class), 3. accommodation (type, location, category or comfort and main features and - if applicable - its approval and tourist classification) , 4 meals, 5. travel itinerary, 6 passport and visa requirements for nationals of the Member State in which the travel is offered, as well as health formalities that are required for the journey and the stay 7 one for travel required minimum number of participants, as well as a claim that until when before the contractually agreed travel the traveller the notice no later than must be received to, that the number of participants is not reached and the journey is not.
(2) the information contained in the brochure are binding on the Agency. But, he can explain a change before conclusion of the contract, insofar as he has reserved this in the prospectus. The reservation of a price adjustment is permissible in particular for the following reasons: 1 due to an increase of in transport costs, the fees for certain services, such as port or airport fees, or a change of the applicable to the concerned travel exchange rates after publication of the prospectus, 2. If the desired by the customers and advertised in the brochure package only by purchasing additional quotas is available after publication of the prospectus.
The tour operator and the passenger may agree different services of the prospectus.
(3) paragraphs 1 and 2 shall apply, as far as information on organized trips in one of the tour operators to provide the image and sound carriers are included.

§ 5 information prior to conclusion of the contract of the travel organiser is obliged travellers, before this gives his declaration on the conclusion of the contract (booking) to teach over 1. passport and visa requirements, in particular on the periods for obtaining these documents; This obligation refers to the requirements for nationals of the State of of Member in which the journey is offered, health formalities, insofar as this information not already included in a published and made available to the traveler brochure by the tour operator and now no changes have occurred 2.

§ 6 travel confirmation, General travel conditions (1) the travel organiser has handed a certificate on the travel contract (confirmation) to the traveler during or immediately after conclusion of the contract.
(2) the confirmation must be provided according to the type of travel of significance, except the information about price and payment, as well as on the characteristics of the travel according to article 4, paragraph 1 referred to in article 4, paragraph 1 No. 2, include 3, 4, 5 and 7: 1 final destination or, if the journey involves several visits, the individual destinations as well as the individual periods and their dates , Day 2, expected time and place of departure and return, 3 visits, excursions and other services included in the price, 4. information about reserved price changes, as well as their determinants (§ 651a section 4 of the Civil Code) and taxes not included in the tour price, 5. agreed special requests of the traveller, 6 names and address of the tour operator, 7 on the obligation of the traveller, to indicate the occurred defects to the tour operator , and Moreover, that prior to the termination of the travel contract (§ 651e of BGB (Bürgerliches Gesetzbuch) (civil law) a reasonable period to remedy performance to put the tour operator, if not the remedy is impossible or is refused by the tour operator, or if the immediate termination of the contract by a special interest of travellers is justified is 8 about the deadlines to held a according to § 651 g of the civil code, stating the place named , compared to the claims asserted are, 9 on the possible conclusion of a travel insurance or an insurance policy to cover the repatriation costs for accident or illness, stating the name and address of the insurer.
(3) the tour operator sets underlying the contract terms and conditions, these must be submitted completely to travellers prior to conclusion of the contract.
(4) the tour operator can paragraphs 2 and 3 also fulfil its obligations after, that he refers to published and made available to the traveler brochure information contained in one of him, which meet the requirements of paragraphs 2 and 3. In any case has the travel confirmation to indicate the price and payment terms.
(5) paragraphs 1 to 4 do not apply if the traveler's booking Declaration is made less than seven working days prior to departure. The traveller is no. 7 at the latest if you make the trip over that in paragraph 2 obligation and that referred to in paragraph 2 No. 8 to inform designated information.

§ 7 contracts for school visits (§ 651 l of the Civil Code) which in § 6 certain information, the tour operator has to grant the passenger the following information: 1. name and address of the host family, in which the pupil or the pupil is housed, including changes, 2 names and availability of a contact person in the host country, the even remedy may be required, including changes and 3. remedy request of the student or the student, and the measures taken by the tour operator.

§ 8 briefing before beginning the journey (1) the tour operator has to inform travellers in good time before the start of the journey 1 departure - and arrival times, places of intermediate stops and the connections to be achieved there, 2 If the passenger transport to occupy a certain place has, over this place, 3rd through name, address and telephone number of the local representative of the tour operator, or - if does not exist - the local authority , which the traveler in trouble help can make; If even such places do not exist, an emergency number and other information to be communicated, with whose help he can get in touch with the Organizer are the travellers.
When traveling abroad minors, the person specified at time of booking is to teach how a direct connection to the child or the whose whereabouts can be made responsible.
(2) a special communication referred to in paragraph 1 is not required, unless the respective indication is already contained in a prospectus provided to the traveller or the travel confirmation and now no changes have occurred.

§ Has 9 patterns for the (1) the travel insurance policy subject to of article 10 for the insurance policy according to § 651 k ABS. 3 of the civil code that in Appendix 1 to use pattern specific.

(2) the tour operator may differ in format and font size from the pattern and print the company or a flag of the Kundengeldabsicherers and its representative on the insurance certificate. The insurance policy is limited, is noted in the confirmation in the form of clearly highlighted.
(3) the insurance policy is to attach the travel confirmation or to print on its back.
(4) the insurance certificate at the back of the travel confirmation is printed, to indicate the printed insurance policy in the form of clearly highlighted on the front. Multiple Kundengeldabsicherer can be specified in one such backup Bill; the note is 1 sentence as follows to include: "the insurance certificate is printed on the back. "Their hedgers is (insert name)."
(5) the certificate in addition to the insurance policy contains additional information or texts, the chattel paper must stand out clearly from this.
(6) the insurance policy can be detected also in text form and electronically are connected with the travel confirmation.

Article 10 verification according to § 651 k para 5 of the civil code is a tour operator who has his principal place of business in another Member State of the European communities or a Contracting State of the agreement on the European economic area and providing security in accordance with the legislation of the other State, the traveller has the verification according to § 651 k paragraph 5 sentence 2 of the German civil code in accordance with the rules in force at the location of its principal place of business , but lead to German or another language easy to understand for the consumer.

§ 11 opportunity tour operator the articles 4 to 8 shall not apply for tour operators, only occasionally and outside their commercial activities organise package tours.
Section 4 (dropped out) sections 12 and 13 (dropped out) section 5 (dropped out) § 14 (dropped out) - section 6 final provisions article 15 transfer scheme for the pattern according to § 9 previous backup license forms can be used up until the end of December 31, 2002.

§ 16 section 1, paragraph 4, sentence 2 and § 14 para 1 to 3 are transition arrangements for the pattern according to § 14 to apply also to such information and teachings on the cancellation or return, which match the patterns force until March 31, 2008 and have been shared with the consumer prior to October 1, 2008, in the form of text.

Appendix 1 (to section 9) pattern for the insurance certificate (reference: BGBl. 2002 I, 3008) (if necessary put right characters of the Kundengeldabsicherers and the tour operator) insurance policy for package tours in accordance with § 651 k of BGB (Bürgerliches Gesetzbuch) (civil law for...
(einsetzen: Namen des Reisenden, die Wörter "den umseitig bezeichneten Reisenden" oder die Nummer der Reisebestätigung) 1) (if necessary use: validity of the risk coverage certificate) 2) the below Kundengeldabsicherer is for (insert: the words "for the overleaf known tour operator" or: name and address of the tour operator) compared to the traveller, make sure that it will be refunded 1 the travel price paid, as far as travel services fall out as a result of bankruptcy or insolvency proceedings against the assets of the tour operator , and 2. necessary expenses incurred by the passenger as a result of bankruptcy or insolvency proceedings against the assets of the tour operator for the return journey.
The foregoing liability of the Kundengeldabsicherers is limited. He shall be liable for all amounts to be reimbursed by him in a year total only up to an amount of €110 million. If this sum not for all kinds of travellers is sufficient, the amount of the refund in the ratio, where is your total to the maximum reduced. Due refund the insured event occurs only after the end of the year (indication of the period), in which occurred. 3) contact for further information: (at least insert: name, address and telephone number to be addressed; if this is not responsible for the claims, also name, address and telephone number of the competent body).
(insert: name, address of the Kundengeldabsicherers)
Customer money off safe 1) this information can be omitted. In this case is to insert the following sentence: "This insurance policy shall apply to the booking and all trip participants."
(2) if the insurance policy is limited, the period must be at least the period from the conclusion of the contract until the end of the journey to include.
(3) this paragraph does not apply in client money protection where the limitation of liability paragraph 2 BGB not agreed according to § 651 k.

Annex 2 (dropped out) - Appendix 3 (dropped out)