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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 651v

Facilitation of travel

(1) A trader who facilitates a package travel contract for a traveller (retailer) is obliged to provide information to the traveller in accordance with Article 250 sections 1 to 3 of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche). In this way, the organiser concurrently complies with the retailer’s duties under section 651v (1) sentence 1. The burden of providing proof to the traveller that the information obligations have been complied with is incumbent on the retailer.

(2) Section 651t no. 2 applies accordingly to the acceptance of payments toward the price of the package by the retailer. A retailer is deemed to be authorised by the organiser to accept payments towards the price of the package if the retailer makes available to the traveller a copy or confirmation of the contract that conforms to the requirements of Article 250 section 6 of the Introductory Act to the Civil Code or if other circumstances attributable to the organiser show that the retailer has been entrusted by the organiser to negotiate package travel contracts on their behalf. This does not apply if the acceptance of payments by the retailer is excluded in relation to the traveller in a prominent manner.

(3) If, at the time of the conclusion of contract, the organiser does not have its seat in a Member State of the European Union or in some other Contracting Party to the Agreement on the European Economic Area, then the duties of the organiser evident from sections 651i to 651t are incumbent on the retailer unless the retailer provides proof that the organiser is complying with its duties under these provisions.

(4) The retailer deemed to be authorised by the organiser to take receipt of notices of a lack of conformity as well as other declarations by the traveller with regard to the provision of the travel services. The retailer is to notify the organiser without undue delay of such declarations by the traveller.

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