(1) Where an organiser of a travel, at the time of the conclusion of the contract, has his establishment within the meaning of § 4 paragraph 3 of the Trade Regulation Act neither in a Member State of the European Union nor in another Contracting State of the Agreement on the European Economic Area and
1. the organiser concludes package travel contracts in a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area, or offers to conclude such contracts in one of these states, or
2. the organiser directs his activity within the meaning of number 1 towards a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area
the substantive provisions that the State mentioned in number 1 or number 2 has enacted with a view to implement Article 17 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC, shall be applied, if the contract falls within the scope of this activity.
(2) Where the trader of linked travel arrangements, at the time of the conclusion of the contract, has his establishment within the meaning of § 4 paragraph 3 of the Trade Regulation Act neither in a Member State of the European Union nor in another Contracting State of the Agreement on the European Economic Area and
1. facilitates package travel contracts in a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area, or offers to trade such contracts there, or
2. directs his trading activity towards a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area
the substantive provisions that the State mentioned in number 1 or number 2 has enacted with a view to implement Article 19 paragraph 1 in connection with Article 17 and Article 19 paragraph 3 of Directive (EU) 2015/2302, shall be applied, if the contracts falls within the scope of this activity.
(3) Where the trader of linked travel arrangements, at the point in time relevant under Article 251 § 1, has his establishment within the meaning of § 4 paragraph 3 of the Trade Regulation Act neither in a Member State of the European Union nor in another Contracting State of the Agreement on the European Economic Area and directs his trading activity towards a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area, the substantive provisions that the State towards which the trading activity is directed has enacted with a view to implement Article 19 paragraphs 2 and 3 of Directive (EU) 2015/2302, shall be applied, if the envisaged contracts falls within the scope of this activity.