Travel trade – travelling camps according to § 56a Gewerbeordnung (GewO)

Are you the owner of a travel business card and would like to host a hiking camp? [Then you can apply for the hiking camp event online here.](/application/travel industry/)

What is a hiking camp?

Wanderlager within the meaning of § 56a GewO are sales events in which traders offer goods or services for sale or accept orders outside their regular commercial establishment (or without having one at all) from a temporarily fixed sales location. Coffee trips, for example, are considered to be hiking camps. Events of this type are subject to the regulations of the travel industry (§§ 55 ff. GewO).

What are examples of a hiking camp?

Temporary sales e.g. in sales and showrooms of other companies, tents, temporarily vacant shops, hotels and restaurants, city halls and other halls (in particular also on the occasion of so-called coffee trips), but also sales from trucks, ships or other vehicles are hiking camps. It does not matter whether the goods are handed over to the customers immediately or later. The same applies to the distribution of services – again, it is irrelevant whether customers, for example, book a trip immediately during the sales event or only later.

When is there a notification requirement for a hiking camp?

The obligation to notify has only existed since 28 May 2022 if the hiking camp is publicly announced and the arrival and departure of the participants is organised by the organiser (or on behalf of the organiser) (§ 56a Abs. 2 Nr. 1 and 2 GewO).

The notification of the camp must be submitted at the latest four weeks before the start to the authority (commercial or public order office), which is responsible for the location of the event. In the case of an event abroad, the advertisement must be submitted to the authority responsible for the place of establishment of the organisers.

When is it a public announcement?

It is a public announcement if, for example, advertising is directed at an indefinite number of persons who are not personally associated with the trader(s). Public is an announcement even if it is addressed only to a few people, who should act as multipliers. The announcement can be made through posters, newspaper advertisements, circulars, handouts, exclamations on the street, announcements on radio and television, personal invitations, etc. Personal invitations to so-called ‘club members’ or ‘premium customers’ are also regarded as public announcements if the invited persons are expressly allowed to bring accompaniment.

What is to be stated in the public announcement of migratory camps?

According to § 56a Abs. 4 GewO, the following information must be included in the public announcement:

• The name of the organisers, the address of the place of business as well as contact information that enables quick and direct communication with the organisers (telephone number and e-mail address)
• The specific type of goods or services sold at the camp
• The venue of the event
• It must be expressed that it is a sales event and not just an information event
• Information on the right of withdrawal in easy-to-read font

In the public announcement, the following items are prohibited:

• Information on free donations such as goods, services, competitions, raffles, vouchers, draws or tastings

What information must be provided when displaying hiking camps?

Pursuant to Section 56c(3) GewO, the notification to the competent authority must contain the following information:

• The location (with exact address), date and time (including opening hours) of the event

• The name and residential or business address of the organizers, in the case of legal persons additionally the legal form and right of representation

• The name and residential or business address of the person on whose behalf the goods or services are marketed

• contact information that enables quick and immediate communication with the organizers (telephone number and e-mail address)

• Indication of the commercial register, association register or cooperative register and the corresponding registration number (if available)

• The wording and form of the intended public announcement

• If authorised representatives lead the event, they must be named

• Wanderlager dürfen nur durch die in der Anzeige genannten Veranstalterinnen und Veranstaltern oder von schriftlich bevollmächtigten Vertreterinnen und Vertreter geleitet werden. If the representatives act as self-employed traders, they also need a travel business card.

• The copies of the corresponding travel business cards must in principle be submitted to the competent authority together with the notification of the camp.

Apart from the general competition rules, it is examined in particular whether the prohibition of the announcement of free donations and services (such as the attachment or promise of travel vouchers, the offering of free food and drinks) or competitions has been observed. Violations usually lead to the official ban of the event if corresponding advertising statements are not changed in good time before the start of the event.

Who needs a travel business card when organizing a hiking camp?

Organisers of hiking camps are obliged to hold a travel business card and to carry it with them when exercising it (§ 60c Abs. 1 GewO). If there are employees who work on behalf, they must carry a duplicate or a certified copy of the travel business card with them, provided that you contact customers directly (§ 60c Abs. 2 GewO).

If the organizers use self-employed traders for the exercise of the hiking camp, they must also have a travel business card. In the case of legal persons, both the authorised representatives (e.g. GmbH managing directors) and the other employees of the GmbH, who are to contact customers, require a duplicate or certified copy of the travel business card. Upon request, the travel business card or the goods carried must be presented to the competent authorities or officials (§ 60c Abs. 1 GewO). The competent authorities or officials may require the cessation of the activity until the travel business card, the duplicate or the certified copy is obtained.

What do I have to consider with employees?

Holders of a travel business card must also note that only employees who have the necessary reliability may be employed or employed in the travel business. Otherwise, the employment of the person in the travel industry may be prohibited by the competent authority (§ 60 GewO).

What is meant by a ‘fixed shop’?

The term ‘fixed shop’ (§ 56a Abs. 1 S. 1) refers, for example, in the case of vehicles, not to the design of the vehicle as a shop and its connection to the ground, but to the condition of the vehicle during the sale of the goods. The vehicle must be stationary or fixed during distribution, i.e. not in motion.

What services or goods are prohibited?

The distribution or mediation of the following services or goods is prohibited under § 56a Abs. 6 GewO in the context of a hiking camp:

• Financial assistance
• financial investments within the meaning of § 34f Abs. 1 GewO
• Insurance contracts
• Building Savings Agreements
• immovable consumer loan agreements within the meaning of § 34i Abs. 1 GewO
• Medical devices according to § 56c Abs. 6 No. 2 GewO
• Food supplements within the meaning of § 1 Abs. 1 of the Food Supplement Ordinance