(1) By a package travel contract, the trader (organiser) is obliged to procure a package to the traveller. The traveller is obliged to pay the organiser the agreed price of the package.
(2) A package is a complete set comprised of at least two different types of travel services for the purpose of the same trip. A package is given also if
1. the travel services covered by the contract were combined at the request of or in accordance with the selection of the traveller, or
2. the trader entitles the traveller in the contract to choose, after the conclusion of the contract, from among a selection of travel services on offer with them.
(3) Travel services within the meaning of this Code are
1. the carriage of passengers,
2. the accommodation other than for residential purposes,
3. the rental
a) of four-wheel motor vehicles as defined in section 3 (1) of the Ordinance on the EC Approval of Motor Vehicles and their Trailers and of Systems, Components and Separate Technical Units Intended for such Vehicles (EG-Fahrzeuggenehmigungsverordnung) of 3 February 2011 (Federal Law Gazette I p. 126), most recently amended by Article 7 of the Ordinance of 23 March 2017 (Federal Law Gazette I p. 522), and
b) of motorcycles falling under the driver licence category “A” as defined in section 6 (1) of the Driver Licensing Regulations (Fahrerlaubnis-Verordnung) of 13 December 2010 (Federal Law Gazette I p. 1980), most recently amended by Article 4 of the Ordinance of 18 May 2017 (Federal Law Gazette I p. 1282),
4. any tourist service that is not a travel service within the meaning of nos. 1 to 3.
Travel services that intrinsically are part of a different travel service are not deemed travel services under sentence 1.
(4) No package is given if only one type of travel service within the meaning of subsection 3 sentence 1 no. 1 to 3 is combined with one or several tourist services within the meaning of subsection 3 sentence 1 no. 4 and if the tourist services
1. do not account for a significant share in the total value of the combination and neither represent an essential feature of the combination nor are advertised as such, or
2. are selected and agreed only after commencement of the performance of a travel service within the meaning of subsection 3 sentence 1 nos. 1 to 3.
Tourist services do not represent a significant share in the total value of the combination within the meaning of no. 1 of sentence 1 if they account for less than 25 per cent of the total value.
(5) The provisions on package travel contracts do not apply to contracts on trips that
1. are offered merely occasionally and on a not-for-profit basis and only to a limited group of travellers,
2. last less than 24 hours and do not include accommodation (day trip), and for which the price of the package is not in excess of 500 euros, or
3. are concluded on the basis of a framework agreement for the arrangement of business travel for a traveller who is a trader, for purposes relating to their enterprise.