Travel industry
The travel trade is a trade that mainly takes place outside the premises of a commercial branch without a fixed location .
General
The German industrial law distinguishes between the travel industry, market trade (such wholesale markets , weekly markets ) and the related trade . The latter commercial form is characterized in that it comprises a fixed location ( establishment , office , business premises , store , shop owns) for its business activities. The standing trade is the basic form of trade law. The travel trade is much more strictly regulated than the stationary trade, its practice requires - with a few exceptions - an official permit .
species
For the travel industry include in particular sales representatives , peddlers , showmen , scissors grinder or street vendors , a self- activity exercise. The traveling salesmen and salesmen on the other hand are as employees not to travel trade, even if they, together with the sales representatives as intermediaries apply. Typical travel business activities are also the representative at the front door or the seller at the sales stand on the street.
Legal issues
- General
A travel industry operates according to § 55 para. 1 GewO who professionally without prior order to have outside its commercial presence or absence of such, goods hawks or orders visits (sells) or buys, services offered or orders to benefits visits or entertainment activities as a showman or in the manner of a showman. After that, self-employment is required for the travel trade ; Until September 2007, the GewO explicitly provided for employees .
- Factual requirements
According to Section 55 (1) GewO, the travel trade must be carried out “without prior order”; the activity must come from the trader and must not be based on the initiative of the customer . The "search for orders for services" requires that the fulfillment only takes place after a certain time interval.
For example, the owner of a mobile food stand in the pedestrian zone is involved in a travel trade if he serves casual customers on several days of the week without prior orders . According to the legal definition of Section 55 (1) GewO, the frequency of commercial activity is also legally decisive . Anyone who occasionally only negotiates with a customer outside of their business premises is not yet engaged in a travel business; However, if you only offer a limited amount of goods to a large number of individual buyers outside of your business premises, you run a travel business.
- permission
Anyone who operates a travel trade requires a permit in accordance with Section 55 (2) GewO , which is issued with a travel trade card . It can be restricted in terms of content, granted with a time limit and linked to conditions , insofar as this is necessary for the protection of the general public or the consumer; The subsequent inclusion, modification and addition of conditions is also permitted under the same conditions.
A large number of exceptions include § 55a Paragraph 1 GewO, according to which, for example, the sale of self-produced agricultural products (§ 55a Paragraph 1 No. 2 GewO) or an insurance broker who sells insurance contracts or building society contracts (§ 55a Paragraph 1 No. 6 GewO) , Financial investment brokers (§ 55a Paragraph 1 No. 8 GewO) or the offering of print products ( newspaper seller ; § 55a Paragraph 1 No. 6 GewO) does not require a travel trade card. The travel trade card allows immediate delivery (hand purchase) and later delivery, provided that the supplier does not operate a standing trade. Various activities are prohibited in the travel trade ( Section 56 GewO), such as the sale of poisons , precious metals , lottery tickets or securities .
- Travel trade
The craft can also be practiced as a travel trade ( travel trade ). There are restrictions in the health sector and for gold and silversmiths ( Section 56 (1) GewO). All other trades can be practiced in the travel trade without restrictions. According to the legal definition of the travel trade, the craftsman must ask for orders outside his commercial branch without prior order.
For a long time it was disputed whether a travel trader should start work immediately after placing an order . For this purpose, the Federal Constitutional Court (BVerfG) decided in September 2000 that the order can only be carried out after a certain time interval.
There is no statutory pension insurance obligation for craftsmen in the travel trade. Compulsory craftsmanship insurance for craftsmen in the standing trade is standardized in Book Six of the Social Code (SGB VI ). However, there is no regulation for craftsmen in the travel trade ( Section 2 No. 8 SGB VI).
Legal consequences
The purpose of the prohibition with reservation of permission set out in § 55 GewO is to protect the general public and customers from the risks that arise from doing business outside of a permanent or non-commercial establishment: The travel trader is more difficult to grasp in the event of complaints , complaints or queries. A travel trade card is therefore also required for the travel trade, which is only issued if you are reliable ( Section 57 GewO).
Demarcation
The travel industry is not the industry of the travel industry to be confused.
International
The travel trade is an exclusively German legal term for which there is no international equivalent.
Individual evidence
- ↑ Rolf Stober, Special Commercial Administrative Law , 2007, p. 36
- ↑ Reiner Schmidt (Ed.), Public Commercial Law: Special Part 1 , 1995, p. 73
- ↑ Gerd Belger / René Land, Handbuch zum Brandenburgischen Gaststättengesetz , 2009, p. 60
- ↑ BVerfG, judgment of September 27, 2000, Az .: 1 BvR 2176/98 = NVwZ 2001, 189
- ↑ BGH, judgment of November 18, 1982, Az .: III ZR 61/81 = NJW 1983, 868
- ↑ BVerfG, judgment of September 27, 2000, Az .: 1 BvR 2176/98
