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 Fern- und Auswärtsgeschäfte-Gesetz (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

Fern- und Auswärtsgeschäfte-Gesetz (FAGG)German text

Translated by the European Commission
Last update: 1 January 2022

Responsible for the content: Federal Ministry of Justice

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