Since the reform of travel law in 2018, regulations on online offerings and the rules for brokering linked travel services have also been included. Expanded information obligations aim to strengthen consumer protection and promote "full harmonization," i.e., the unification of regulations within EU member states.

"Pre-Corona Regulations" on Insolvency Protection Insufficient

The Covid-19 pandemic specifically influenced the interpretation of the provision on withdrawal before travel begins, recorded in the German Civil Code (§ 651 h). The focus is on the question of when unavoidable, extraordinary circumstances at the destination or in its immediate vicinity may be assumed. Only then can a traveler invoke cancellation rights without compensation (§ 651 h III BGB).

Moreover, during the Covid-19 pandemic, it became apparent that the existing regulations on insolvency protection in package travel law were insufficient. The new Travel Insurance Fund Act, enacted in June 2020 and adopted in June 2021, is designed to close this gap, which had been detrimental to package travelers. When booking a package holiday, travelers are protected by the German Travel Insurance Fund (DRSF). It picks up where a travel provider registers insolvency. On the DRSF website, for example, you can currently find information about compensation due to the insolvency of the FTI Group.

The European Commission plans to further revise the EU Package Travel Directive to strengthen travelers' rights. More information is available at germany.representation.ec.europa.eu.

Leaflets Effective from Mid-2024

The German Chamber of Commerce and Industry (DIHK) has updated the leaflets on travel contract law for hosts, travel agents, and travel organizers. The legal basis remains the third law on amendments to travel law provisions of July 17, 2017, Directive (EU) 2015/2302 on package travel and linked travel arrangements to amend Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Directive 90/314/EEC of the Council (OJ L 326 of December 11, 2015, p. 1), and the Travel Insurance Fund Act of June 25, 2021.

Downloads

You can find the
Leaflet for Hosts (PDF, 521 KB) (only available in German)
Leaflet for Intermediaries (PDF, 526 KB) (only available in German)
Leaflet for Organizers (PDF, 629 KB) (only available in German)