(1) A trader is a facilitator of linked travel arrangements if, for purposes of the same trip that is not a package, they
1. facilitate contracts with other traders relating to a minimum of two different types of travel services, on the occasion of a single visit by the traveller in their point of sale or of a single contact with their point of sale, and the traveller separately selects these services and
a) pays for them separately or
b) enters into obligation to make payment separately for each service or
2. facilitate, in a targeted manner, a minimum of one contract with some other trader relating to a different type of travel service for the traveller with whom they have concluded a contract on a travel service or for whom they have facilitated such a contract and the further contract is concluded at the latest 24 hours after the confirmation of the conclusion of the contract for the first travel service.
Facilitation in a targeted manner within the meaning of no. 2 of sentence 1 is not given in particular in those cases in which the trader merely brings the traveller into contact with some other trader. In all other regards, section 651a (4) sentence 1 no. 1 sentence 2 and subsection (5) nos. 1 and 3 apply accordingly to sentence 1. Section 651a (5) no. 2 is to be applied accordingly, independently of the amount of the price of the package.
(2) The facilitator of linked travel arrangements is under obligation to inform the traveller in accordance with Article 251 of the Introductory Act to the Civil Code.
(3) Where the facilitator of linked travel arrangements takes receipt of payments by the traveller towards the remuneration for travel services, the facilitator is to ensure that such payments are refunded to the traveller to the extent that the travel services are to be provided by the facilitator of the linked travel arrangements themselves or that the claims to fees of other traders within the meaning of subsection (1) sentence 1 remain to be satisfied and, in the case of the facilitator of the linked travel arrangements becoming insolvent,
1. travel services fail to materialise or
2. the traveller complies, with regard to travel services provided, with requests for payment made by other traders within the meaning of subsection (1) sentence 1 whose claims have not been satisfied.
Where the facilitator of linked travel arrangements has entered into obligation to themselves perform carriage of the traveller, they moreover are to ensure the agreed repatriation and the accommodation until the time of repatriation. The opening of insolvency proceedings regarding the assets of the broker and the rejection of an application for opening of insolvency proceedings for insufficiency of assets are equivalent to insolvency. Section 651r (2) to (4) as well as sections 651s and 651t are to be applied accordingly.
(4) If the facilitator of linked travel arrangements fails to comply with their duties under subsections (2) and (3), then section 312 (7) sentence 2 as well as sections 651e, 651h to 651q and 651v (4) apply accordingly to the legal relationship between the facilitator and the traveller.
(5) Where, as a consequence of the facilitation under subsection (1), one or several contracts relating to travel services come into existence with the traveller, the respective other trader is to inform the facilitator of linked travel arrangements of the fact of the contract having been concluded. The obligation under sentence 1 does not exist if the facilitator of the linked travel arrangements has concluded the contract as the representative of the other trader.