Exceptions to the information requirement

The statutory information requirements to consumers in the case of distance contracts are not applicable to, inter alia

• contracts for social services, including the provision and rental of social housing, childcare or support of families or persons permanently or temporarily in need, including long-term care
• contracts for certain healthcare services (e.g. medical services; services provided by midwives; professional activities of surgical truss makers, orthopaedic shoemakers, hearing-aid makers), whether or not they are provided via healthcare facilities. A counter-exception applies to the marketing of medicinal products and medical devices by means of distance selling
• contracts for games of chance which involve wagering a stake with pecuniary value, including lotteries, games of chance in casinos and betting transactions
• contracts for financial services
• the creation, acquisition or transfer of immovable property or of rights in immovable property
• contracts for the construction of new buildings, the substantial conversion of existing buildings or the rental of accommodation for residential purposes
• contracts that fall within the scope of the Package Travel Directive
• contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer’s home, residence or workplace
• contracts concluded by means of automatic vending machines or automated commercial premises
• contracts concluded with telecommunications operators through public payphones for their use or concluded for the use of one single connection by telephone, Internet or fax established by a consumer

If no distance contract exists, however, the information requirements provided for by law under the Konsumentenschutzgesetz (KSchG) (Consumer Protection Act) must be complied with in the case of a contract between a consumer and a trader. However, it should be noted that, even within the scope of the Consumer Protection Act, exceptions to the information requirement exist for certain types of contract.

Legal basis

Fern- und Auswärtsgeschäfte-Gesetz (FAGG)