Travel industry Authorisation of exemptions from prohibitions

If you want to carry out an activity that is not permitted in travel advertising, you can apply for an exemption under certain conditions.

In the travel industry, the following activities are prohibited;

  • Distribution of
    • Poisons and poisonous goods
      (Exception: plant protection products, pesticides and wood preservatives for which a test notice with a test mark has been issued in accordance with building regulations)
    • Hernia ligaments, medical bandages, medical support devices and bandages, orthopaedic footrests, glasses and eye lenses
      (Exception: safety glasses and ready-made reading glasses)
    • electromedical devices, including electronic hearing aids (exception: devices with direct heat exposure)
    • Securities, lottery tickets, subscription and share certificates for securities and lottery tickets
      (Exception: sale of lottery tickets within the framework of approved lotteries for charitable purposes on public paths, streets or squares or other public places)
    • Writings distributed with the assurance of rewards or profits
  • Offering and purchasing
    • Precious metals (gold, silver, platinum and platinum beimetallen) and alloys containing precious metals in any form as well as articles with precious metal coatings
      (Exception: silver jewellery up to a sales price of 40,00 Euro and goods with silver editions)
    • Precious stones, gemstones and synthetic stones and pearls
  • Offering alcoholic beverages
    (Exception: beer and wine in tightly closed containers, alcoholic beverages derived from self-produced products of viticulture, agriculture or horticulture, the purchase of alcohol for the production of liqueurs and spirits from fruit, plants and other agricultural raw materials for which the raw materials are not fermented themselves, and alcoholic beverages produced in the context of and for the duration of an event from a fixed establishment to the Consumption can be administered on the spot)
  • Conclusion as well as the mediation of buyback transactions (§ 34 para. 4 GewO) and the mediation of loan transactions for the borrower against payment
  • Offering medicines for sale and seeking orders for medicinal products (§ 51 of the German Medicines Act)
    (Exceptions: Ready-to-use medicinal products released for circulation outside pharmacies which are plants or parts of plants or press juices from fresh plants or parts of plants designated by their customary German names and generally known in their effects, provided that they have not been produced with any solvent other than water, or medicinal waters and their salts in their natural mixing ratio or their replicas. in the course of their business operations, except in the case of medicinal products which are offered for sale for use in animals on agricultural and forestry holdings, in commercial animal husbandry and in vegetable, fruit, gardening and wine-growing establishments, beekeeping and fishing, or that orders for medicinal products reserved for the supply of pharmacies are placed with those establishments, be visited. This also applies to salesmen and other persons acting on behalf of and on behalf of a trader.)
  • Distribution and transfer of explosive substances, insofar as a travel trade card would be required or the requirements of § 55a sec. 1 no. 1 or 3 of the Industrial Code are met (§ 22 sec. 4 sentence 1 no. 1 explosives act).
    (Exception: distribution and transfer of pyrotechnic articles of category F1)

You must apply for the exceptions to the prohibitions to the competent authority on a case-by-case basis.
 

  • Travel trade card (if required)
  • Identity card or passport with registration certificate.

The competent authority may request further documentation.

An ordinance of the state government according to § 56 sec. 2 sentence 2 GewO was not issued.

  • Forms: none
  • Written form required: no
  • Personal appearance upon application may be required, personal collection is not required.
  • Online procedure possible: yes

Preconditions

The person of the applicant or other circumstances shall not give rise to any objections to the exemption from the prohibition.

  • Business start-up portal of the Federal Ministry for Economic Affairs and Energy on the subject of trade/travel

Related Links

  • § 56 paragraph 2 sentence 3 Gewerbeordnung (GewO)

In individual cases, you can apply for exemptions from prohibitions in the travel industry to the competent authority.

Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation
Lower Saxony Ministry of Social Affairs, Health and Gender Equality

Last update or date of publication
25.02.2021