Travel catalog
In travel law , the travel catalog is a product catalog of tour operators , with which travelers interested in a trip are to be informed about the destination and travel services .
General
Like all catalogs, travel catalogs are used for decision-making and represent the most important advertising media for tour operators . The vacationer uses them as a source of information and decision-making. That is why their visual presentation is of the utmost importance. This is done on the one hand through texts , on the other hand through elaborate four-color printing with images and maps , which underline and complement the content of the texts through their clarity. Pictures help to anticipate the still missing primary experience of the holiday experience by looking at the pictures, which is why the picture part in travel catalogs is larger than the text part.
content
Travel catalogs contain different types of text that are primarily used to provide information about the various travel destinations. Text types used are the self-portrait (the tour operator introduces himself and his expertise ), the description of the destination (climate, country and population of a holiday region) or the description of the location. These types of text are subject to semantic upgrading by referring to the non-real (“dreamy beaches”, “magical valleys”), by appealing appellants (“first-class comfort”, “luxury”), by foreign language elements (“lifestyle”, “ambience”) or by changing the name ("natural sandy beach", "elegant architecture"). Euphemisms also hide any deficiencies or disadvantages that actually exist , whereby the description of the travel services has to walk a tightrope between advertising effect and legal certainty .
- Commonly used euphemisms in travel catalogs
| Formulation in the travel catalog | actual meaning |
|---|---|
| "Sea side" | no sea view |
| "With a view of the sea" | Sea view is obstructed by buildings |
| "Panoramic view" | Sea is in the distance |
| "Family Hotel" | Noise from children, swimwear in the dining room |
| "Entertainment in the hotel" | Disco music until the early morning |
| "Natural beach" | lack of infrastructure, pollution |
| "Well developed for tourism" | dense development with large hotels |
| "Clean and functional" | simple equipment without comfort |
| "Convenient location" | Hotel is on the main road, traffic noise |
| "Aspiring holiday resort" | underdeveloped infrastructure, construction sites |
Advantageously recorded images can also optically support these euphemisms, so that the traveler should obtain further information from the travel agency in case of doubt.
Legal issues
The travel catalog is legally - like all product catalogs - an invitation to submit an offer . There is no independent prospectus liability for the information in travel catalogs. The travel catalog is not even mentioned in the travel law of the BGB . Rather, according to § 651d BGB, the tour operator is obliged to inform the traveler, before he submits his contractual declaration, in accordance with the information resulting from Art. 250 §§ 1-3 EGBGB plus the form ( Art. 253, Appendix 11 EGBGB). The information must then be communicated in a clear, understandable and highlighted manner; if they are given in writing, they must be legible. This also applies to the general travel conditions contained in the catalog . The travel prices are often listed in a separate booklet attached to the catalog. This has the advantage for the tour operator that they can create this less complex price list at short notice so that the prices can still be changed at short notice.
A travel contract is only concluded when the traveler signs the order pre-printed in the travel catalog ( offer ) and the tour operator accepts it with the travel confirmation . The travel catalog is a legal description of services ; the information provided here becomes part of the travel contract in accordance with Section 651d Paragraph 3 BGB. The package tour is free from travel defects if it has the agreed quality ( § 651i Paragraph 2 BGB). The agreed quality is primarily the description of services given in the travel catalog.
International
Since the EU package travel guidelines have been adopted in Austria as in Germany, the travel catalog is the benchmark for the subsequent travel itinerary, which must not deviate negatively from the catalog information. In Switzerland , the package travel contract is a nomination contract that is regulated outside of the Code of Obligations in the Federal Act on Package Travel of June 18, 1993 (PRG). It imposes comprehensive information obligations on the tour operator (Art. 4, 5 PRG), which can be met primarily through the travel catalog.
In the Common Law of the travel contract ( English travel contract ) (for the sector of the package English package tour ) by Regulation 4 of the Package Travel, Package Holidays and Package Tours Regulations 1992 regulated (PTR). Thereafter, the travel brochure is ( English travel brochure ) a brochure , available in what Packages for sale (Reg. 2 (1) PTR). In this way, the information in the travel brochure are in accordance with Reg. 6 (1) PTR for implied (warranty English implied warranties ) of the travel contract, which gives the consumer (a procedure for misstatement English misrepresentation ) or Failure ( English breach of contract allows). Another liability of the tour operator arises also from the Code of Conduct ( English code of conduct ) that the association of British tour operators ABTA has negotiated.
Individual evidence
- ↑ Kristina Kortländer, The Land of Smiles: Thailand as a Myth in Travel Catalogs , 2000, p. 65 f.
- ↑ Jutta Bertram, Arm, but happy , 1995, p. 82
- ↑ Kristina Kortländer, The Land of Smiles: Thailand as a Myth in Travel Catalogs , 2000, p. 95
- ↑ Kristina Kortländer, The Land of Smiles: Thailand as a Myth in Travel Catalogs , 2000, p. 96
- ^ Enrico Garavelli / Hartmut EH Lenk (eds.), Verhüllender Sprachgebrauch , 2017, p. 121 f.
- ↑ Enrico Garavelli / Hartmut EH Lenk (ed.), Verhüllender Sprachgebrauch , 2017, p. 124 f.
- ↑ Dr. Th. Gabler Verlag, Gablers Wirtschaftslexikon , Volume 4, 1984, Sp. 806
- ^ Andreas Börger, Sanctions for the violation of pre-contractual information obligations , 2010, p. 139
