EU Package Travel Directive
The EU Package Travel Directive of June 13, 1990 (amended by Art. 29 Amendment (EU) 2015/2302 of November 25, 2015, repealed on July 1, 2018) stipulated that every tour operator must make payments from customers for a package tour against its insolvency or had to secure bankruptcy with a travel insurance certificate .
Old scheme
A tour operator / travel agent was only allowed to accept advance payments or down payments on the travel price if he had previously given the traveler a travel security certificate. This document confirmed in the form of a deposit guarantee from a credit institution or an insurer that such a security was taken out. It was also at booking a last minute - travel . In holiday home tourism, the legislature also saw the status of a tour operator as given even with only one travel service (holiday home). Travel agents who “mediate” between the traveler and the owner of the holiday home also had to insure themselves against bankruptcy. There was no so-called “power of attorney to collect ”, unless a security certificate was issued against payment.
Today's regulation
According to the new version of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package tours and related travel services amending Regulation (EC) No. 2006/2004 and Directive 2011/83 / EU of the European Parliament and of the Council and to repeal Council Directive 90/314 / EEC, the following regulation will apply in all EU member states from July 1, 2018:
Most travelers who vacation packages or related travel services to complete, are consumers within the meaning of consumer law of the European Union . While the German legislation does not define the traveler who understands § 2 Package Travel Act (Austria) as a traveler 'means any person that one subject to the provisions of this Federal Law Treaty intends to close or be entitled under such a contract to take travel services to complete. " However, it is not always easy to distinguish between consumers and representatives of small businesses or business people who use the same booking channels as consumers to book travel for business or professional reasons. It applies, however, that the traveler does not have to be a private person , because according to the regulations in force since July 1, 2018, the entrepreneur within the meaning of § 14 BGB is also included in the scope of travel law for business trips , unless he books via a framework contract ( § 651a Para. 5 No. 3 BGB). This means that “ incentive trips ” also fall under the new travel law, unless there is a previously concluded framework agreement between the tour operator and the entrepreneur.
The EU directive was adopted into national travel law in all EU member states on July 1, 2018 . In Germany, the transformation took place through the “Third Act to Change Travel Regulations” of July 21, 2017 by amending Sections 651a ff. BGB. The package tour is regulated, but not the individual tour and day trip . She brought the legal term related travel services ( English linked travel arrangements ), which in § 651w was taken BGB. They only have basic protection. In the case of package tours, the tour operator is liable, regardless of fault, for travel defects ( Section 651i BGB) in accordance with the travel contract, the mutual rights of termination and withdrawal before the start of the trip and during the trip, the traveller's claims for a reduction in the travel price, compensation , reimbursement of expenses or remedial action are regulated .
Individual evidence
- ↑ Directive 90/314 / EEC
- ↑ Directive (EU) 2015/2302 . OJ No. L 326 p. 1
- ↑ "The organizer and / or retailer who is a contracting party proves that in the event of insolvency or bankruptcy, the reimbursement of amounts paid and the return of the consumer are guaranteed." Council Directive 90/314 / EEC of 13 June 1990 about package tours
- ↑ German Tourism Association, Commercial Holiday Home Rentals . Website of the German Tourism Association. Retrieved March 30, 2016.
- ↑ a b Travel, traffic and vacation - questions and answers on the subject: Package travel guidelines . Federal Ministry of Labour and Social Affairs. Archived from the original on May 8, 2020. Retrieved May 8, 2020.
- ↑ Federal Ministry of Labor and Social Affairs Citizen Service: term package tour . Federal Ministry of Labour and Social Affairs. Archived from the original on May 8, 2020. Retrieved May 8, 2020.
- ↑ Federal Ministry of Labor and Social Affairs Citizens Service: Term associated travel arrangement . Federal Ministry of Labour and Social Affairs. Archived from the original on May 8, 2020. Retrieved May 8, 2020.
