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

Migrant camps within the meaning of § 56a GewO are sales events at which traders offer goods or services for sale or accept orders outside their regular commercial permanent establishment (or without having one at all) or from a temporary fixed sales location.

Hiking camps can take place inside a building, but also under the open sky. The decisive factor is the temporary use of the sales outlet. Examples of a hiking camp are:

• Coffee rides
• Sale in tents, vacant shops, hotels or restaurants
• events where loading areas of trucks, ships or other vehicles are used as sales areas
• Events in city halls or at trade fairs

It does not matter whether the goods or services are delivered immediately or later.

A notification obligation exists only if the hiking camp:

• publicly announced
• the arrival and departure of the participants is organised by the organiser (or on behalf of the organiser) (Section 56a(2)(1) and (2) GewO).

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

A public announcement is one where, for example, advertising is directed at an indefinite number of persons who are not personally associated with the trader.

Examples of a public announcement include:

• Posters, newspaper advertisements and newsletters
• Handouts and exclamations on the street
• Announcements on radio, television or via social media
• Personal invitations to ‘club members’ or ‘premium customers’. However, this only applies if they are expressly allowed to bring accompanying persons with them.

Pursuant to Section 56a(4) GewO, the public announcement must contain the following information:

• the name of the organisers, the address of the place of business and contact information (telephone number and e-mail address)
• the location of the event
• the nature of the goods or services
• It must be expressed that it is a sales event and not just an information event
• easy-to-read information on the right of withdrawal

In the public announcement, the following points are prohibited:

• References to free donations such as goods, services, competitions, raffles, vouchers, draws or tastings

Yes, Organisers of hiking camps are obliged to hold a [travel trade card] (https://service.wirtschaft.nrw/company formation/trades/travel trade card/) and must carry it with them when exercising them (Section 60c(1) GewO).

Independent employees who come into contact with customers must carry a duplicate or a certified copy of the travel business card (Section 60c(2) GewO).

Self-employed traders who are employed on behalf of the exercise of the hiking camp must have their own travel business card.
In the case of legal persons, both the persons authorised to represent them (e.g. managing directors of a GmbH) and the other employees who are to come into contact with customers require a duplicate or certified copy of the travel business card.

The distribution or mediation of the following services or goods is prohibited under Section 56a(6) GewO in the context of a hiking camp:

• Financial assets
• insurance contracts and building savings contracts as well as real estate consumer loan contracts or corresponding financial aid for consideration,
• certain medical devices and food supplements.