Special rules for distance transactions and transactions negotiated away from business premises

For contracts concluded remotely and at a distance (distance transactions and transactions negotiated away from business premises) between traders and consumers, the special provisions of the Act on distance contracts and contracts negotiated away from business premises (FAGG) apply.

By way of exception, the FAGG does not apply in certain cases, such as the following:

  • contracts concluded away from business premises where the fee to be paid by the consumer is 50 Euro or less,
  • if the transaction relates to social services (social housing, childcare, nursing care, etc.) or health services (with the exception of the sale of medicines and medical devices at a distance),
  • games of chance with a money stake,
  • financial services,
  • the creation, acquisition or transfer of ownership or other rights in immovable property,
  • the construction of new buildings, the substantial conversion of existing buildings or the rental of accommodation for residential purposes,
  • package holidays,
  • timeshare contracts, contracts for long-term holiday products, and resale and exchange contracts,
  • contracts concluded by a public official who is legally bound to independence and impartiality and who is obliged to provide comprehensive legal information to consumers,
  • contracts for the supply of foodstuffs, beverages or everyday household goods which are physically supplied by a trader on frequent and regular rounds to the consumer’s home, residence or workplace,
  • the use of vending machines or automated business premises,
  • contracts concluded with telecommunications operators that use public telephones for their performance, or contracts for the use of an individual telephone, fax or internet connection made by a consumer.

Legal basis

Act on distance contracts and contracts negotiated away from business premisesGerman text (FAGG)

Translated by the European Commission
Last update: 25 January 2021

Responsible for the content: Federal Ministry of Justice

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