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Book 2 · Law of obligations  ›  Subtitle 4 · Package travel contract, brokerage of travel contracts and brokerage of linked travel arrangements › Section 651b

Delimitation from brokerage

(1) Notwithstanding sections 651v and 651w, the general provisions apply to the brokerage of travel services. However, a trader cannot invoke their brokering solely contracts with those persons who are to provide all of the travel services or individual of them (service provider) where at least two different types of travel services are to be provided to the traveller for the purpose of the same trip and

1.  the traveller selects the travel services from a single point of sale of the trader within the same booking process before entering into obligation to make payment,

2.  the trader offers, promises to procure or charges the travel services at a total price or

3.  the trader advertises the travel services under the term “package” or under a similar term or promises to procure them in such manner.

In these cases, the trader is the organiser. The booking process within the meaning of sentence 2 no. 1 is not commenced already when inquiries are made of the traveller regarding their travel requirements and they are merely advised on the travel options on offer.

(2) The following are points of sale within the meaning of this Code:

1.  immovable and movable retail premises,

2.  websites serving electronic commerce and similar online sales facilities,

3.  telephone services.

Where several different websites and similar online sales facilities under no. 2 of sentence 1 create the impression of a uniform appearance, they will constitute a point of sale.

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