Definition and legal classification of tourism
The term “Fremdenverkehr” (tourism) refers to the entire flow of people traveling temporarily outside their usual place of residence, particularly for recreation, education, business, or other purposes, without taking up gainful employment at the destination. In a legal context, tourism encompasses all legal framework conditions related to travel, stay, and associated services. Legal regulations concern both the relationship between travelers and service providers, as well as the interests of state control and consumer protection.
Terminological distinction and historical development
In legal language, the term “Fremdenverkehr” is increasingly being replaced by the internationally used designation “tourism”. Historically, tourism developed in the 19th and 20th centuries out of the need for recreation and education; initial legal regulation focused on hygiene protection, later expanding to economic promotion. Today, tourism law constitutes an independent, interdisciplinary area involving private law, public law, and European legal standards.
Legal sources and statutory foundations
National regulations
Tourism is not yet codified in a unified law. The relevant provisions can be found in the German Civil Code (BGB), particularly in travel law (§§ 651a ff. BGB), state-specific hospitality and accommodation laws, the Commercial Code (HGB), municipal statutes, as well as special laws (e.g., the Infection Protection Act regarding hygiene requirements).
European law requirements
The importance of tourism within the European Union has steadily increased since the introduction of the freedom to provide services. Numerous provisions of the EU Treaty, particularly regarding the cross-border provision of services, as well as corresponding directives and regulations (e.g., package travel law), have a direct impact on German law.
Municipal and state-level regulations
Central aspects of tourism are regulated at the municipal level, for example by the introduction of visitor taxes (Kurtaxe), tourism levies, and the management of public spaces. State laws often determine requirements for accommodation businesses, the registration of landlords, and the protection of public order and safety.
Legal framework of individual sub-sectors
Accommodation law
Commercial accommodation is subject to hospitality regulations and is governed by numerous requirements, such as fire protection, hygiene, data protection, and registration obligations. Special provisions apply to foreign guests (§ 29 Federal Registration Act). Private and commercial providers have different obligations, for example with regard to consumer information requirements.
Contract law and liability
Travel law is a central element. It includes regulations for individual and package travel (especially §§ 651a ff. BGB). Contractual relationships often arise between providers and travelers, in which particular consumer law aspects (e.g., cancellation rights, review of standard terms and conditions) must be observed. Specific liability rules exist in relation to defects, force majeure, or claims for damages.
Package travel law
Package travel law provides travelers with comprehensive protection. Providers are required to inform about contract contents, rights in case of changes in services, possibilities for reporting defects, and insolvency protection. The implementation of the EU Package Travel Directive introduced additional requirements regarding transparency and the safeguarding of rights.
Individual travel contracts
Independent contracts with transportation companies, accommodation providers, or organizers are each subject to specific regulations (e.g., §§ 305 ff. BGB; HGB for transport companies).
Tax law aspects
Local municipalities often impose tourism levies or visitor taxes, which are passed on to guests and/or businesses. In addition, regular tax obligations arise in connection with services, such as value-added tax, trade tax, and in certain cases, income tax.
Business law requirements
Companies operating in the tourism sector are subject to commercial licensing requirements. Depending on the type of offer, the Hospitality Act, the Trade Regulation Act, and other commercial and professional statutes may apply. Licensing, notification, and documentation obligations ensure compliance with public order and consumer protection.
Consumer protection, information obligations and data protection
Legal standards in tourism regularly serve consumer protection. These include far-reaching information obligations (price labeling, service descriptions, data protection for online bookings), the right of withdrawal in distance selling, and rules governing the security of personal data pursuant to the General Data Protection Regulation (GDPR).
Employment law references
The accommodation and service industries in tourism are a significant area of employment law. Regulations regarding working hours, the Minimum Wage Act, and specific collective agreements determine employment relationships in this sector.
Administrative and regulatory law requirements
Tourism companies are required to fulfill special registration obligations, such as those under the Federal Registration Act and state data protection laws. There is often close cooperation with regulatory authorities in managing public spaces, particularly in spa towns and regions with high tourist traffic.
European legal harmonization and international aspects
The liberalization of the internal market has led to Europe-wide harmonization of many regulations, especially in consumer protection, the provision and offering of cross-border tourist services, and data protection. International agreements (such as the Schengen Agreement) impact freedom of travel and control measures.
Steering and regulatory instruments in the public interest
Federal, state, and local governments control tourism through special funding programs, requirements, and levies for financing public tourism infrastructure, targeted regulatory measures, as well as protection provisions for the environment and local residents.
Summary
Tourism is a complex area of life that is comprehensively regulated by law, bringing together numerous norms from civil law, public law, tax law, data protection law, and European law. The legal requirements concern businesses, public spaces, consumers, and employees equally and are subject to continual development due to European, technical, and societal changes. A thorough understanding of the regulations is essential for both legal certainty and sustainable development and management of tourism.
Frequently Asked Questions
What legal obligations must tour operators observe in connection with package travel?
Tour operators are subject to strict legal requirements regarding package travel, primarily anchored in §§651a ff. of the German Civil Code (BGB) and the relevant EU directives. They must fulfill comprehensive pre-contractual information obligations to the traveler. This includes transparent disclosure of all essential travel services, the total price including taxes and fees, and information on entry requirements, cancellation, and withdrawal rights. After the contract is concluded, they are obligated to properly conduct the trip. In the event of defects, tour operators must remedy them, grant discounts, or provide compensation for damages. There is also a statutory obligation for insolvency protection: organizers must provide client funds protection so that, in the event of insolvency, any payments already made are refunded and the return journey of travelers is ensured.
What legal requirements apply to the publication of prices in advertising for tourist offers?
The Price Indication Ordinance (PAngV) requires that all quoted prices for tourist services must indicate the total price, i.e., including all unavoidable costs such as taxes and fees. Any additional costs must also be stated clearly and conspicuously. Advertising must not contain misleading statements and must set out the actual terms and prices transparently. Competition law (UWG) is especially important here: unfair or deceptive advertising practices are prohibited. Violations may result in warnings under competition law and fines.
What rights does the traveler have in case of travel defects and how can they assert them?
If, during the trip, there are deviations from the agreed services (e.g., accommodation, meals, transport), this constitutes a travel defect under the law. According to §651i BGB, the traveler is entitled to remedy, a reduction in the travel price, damages, or even termination of the travel contract if the defects are significant. The defect must be reported immediately to the tour guide or operator (notice of defect) to enable rectification. After returning, the traveler can claim a reduction or damages within a reasonable period. It is important to document defects by photos, written reports, and witnesses.
Are holiday apartment landlords required to check the identity of their guests?
Yes, especially for tourist overnight stays, landlords are required under German registration law (§30 Federal Registration Act) to record guests’ personal details. Guests must complete a registration form including name, date of birth, nationality, address, and the dates of arrival and departure. In certain areas with heightened security, an ID may be required. The data must be treated as confidential and destroyed after the statutory retention period.
What permits and certificates are required for commercial passenger transport in tourism?
For commercial passenger transport (e.g., tour buses, sightseeing tours), a special permit from the competent transport authorities is required under the Passenger Transport Act (PBefG). Operators must demonstrate reliability, professional competence, and sufficient financial capability. Vehicles must be officially approved, regularly inspected, and insured. Drivers must have the appropriate driving license and undergo regular training (e.g., according to the Professional Driver Qualification Act). Violations of these obligations can result in operating bans and high fines.
Are tourism businesses subject to special data protection requirements?
Yes, tourism providers such as travel agencies, hotels, and landlords are subject to the provisions of the General Data Protection Regulation (GDPR). They are required to store guest data securely, process it lawfully, and protect it from unauthorized access. Guests must be informed about the nature, scope, and purpose of data collection (privacy notice). Data may generally only be passed on to third parties with consent or a legal basis. For booking platforms and payment processing, there are also strict requirements regarding data transmission.
What must be considered when charging a tourism tax (Kurtaxe)?
The levying of a tourism tax (Kurtaxe) is regulated in state or municipal statutes. The accommodation provider or landlord is usually responsible for remitting it to the competent authority. The tax must be earmarked for tourism infrastructure measures. Guests must be informed of the amount and type of the tax, which is usually charged upon arrival or departure. Incorrect payment or failure to comply with the statute may constitute an administrative offense.
