Reisegewerbe Bewilligung von Ausnahmen zu Verboten

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

The following activities, among others, are prohibited in the travel industry;

• Distribution of
  • Poisons and goods containing poison
    (Exception: plant protection products, pesticides and wood preservatives for which a test certificate with test mark has been issued in accordance with building regulations)
  • Hernia ligaments, medical bandages, medical support apparatus and bandages, orthopedic footrests, glasses and eyeglasses
    (Exception: safety goggles and ready-to-use reading glasses)
  • electromedical devices including electronic hearing aids (exception: devices with direct exposure to heat)
  • Securities, lottery tickets, subscription and share certificates on securities and lottery tickets
    (Exception: sale of lottery tickets as part of approved lotteries for charitable purposes on public roads, streets or squares or other public places)
  • Writings that are distributed with the assurance of bonuses or profits
• Offering and the purchase of
  • Precious metals (gold, silver, platinum and platinum metals) and alloys containing precious metals in any form, as well as articles with precious metal requirements
    (Exception: silver jewelry up to a retail price of 40.00 euros and goods with silver plating)
  • Precious stones, semi-precious stones and synthetic stones as well as pearls
• Offering alcoholic beverages
  (Exceptions: beer and wine in tightly closed containers, alcoholic beverages made from wine-growing, agriculture, fruit and horticulture products obtained by the wine, agriculture or fruit and horticulture, the purchase of alcohol for the production of liqueurs and spirits from fruit, plants and other agricultural raw materials in which the raw materials are not fermented themselves, and alcoholic beverages which, in the course of and for the duration of an event, are exported from a fixed establishment to the Consumption to be administered on the spot)
• Conclusion as well as the brokerage of repurchase transactions (§ 34 para. 4 GewO) and the brokerage of loan transactions against payment for the borrower
• Offering medicines for sale and seeking orders for medicines (§ 51 Arzneimittelgesetz)
  (Exceptions: Finished medicinal products released for circulation outside pharmacies, which are plants or parts of plants or pressed juices from fresh plants or parts of plants that are generally known by their customary German names and whose effects are generally known, 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 imitations. Insofar as the trader other persons in the course of its business activities, unless it concerns medicinal products which are offered for sale for use on animals in agricultural and forestry holdings, in commercial livestock holdings and in vegetable, fruit, horticulture and viticulture, beekeeping and fishing establishments, or that these establishments place orders for medicinal products the dispensing of which is reserved for pharmacies, can be visited. This also applies to travelling salesmen and other persons acting on behalf of and in the name of a trader.)
• Distribution and the transfer of explosive substances, insofar as a travel trade card would be required or the requirements of § 55a para. 1 no. 1 or 3 of the Industrial Code are met (§ 22 para. 4 sentence 1 no. 1 of the Explosives Act).
  (Exception: distribution and transfer of pyrotechnic articles of category F1)

You must apply for the exemptions from the prohibitions at the competent authority on a case-by-case basis.
 

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

The competent authority may request further documents.

An ordinance of the state government pursuant to § 56 (2) sentence 2 GewO was not issued.

There must be no objections to the exception to the prohibition on the basis of the person of the applicant or any other circumstances.

In Lower Saxony, the fee can be up to 133.00 euros in accordance with § 1 para 1 in conjunction .dem cost tariff (annex to § 1 para. 1) AllGO.

You can apply for the exemptions from prohibitions in the travel industry at the competent authority in individual cases.

There are no deadlines. The activity may only be started after the exemption has been granted.

In Lower Saxony, a preliminary procedure is not provided for by § 80 of the Lower Saxony Justice Act (NJG). Therefore, no objection is admissible, but rather an administrative court action must be brought directly.

• In the itinerant industry, some activities are prohibited; the competent authority may grant exceptions to this in individual cases.
• Exemptions from prohibitions must be requested from the competent authority on a case-by-case basis.
• The exemption permit is applied for at the trade authority of the district, the independent city, the large independent city or the independent municipality in whose or whose area you want to operate.
• The exemption is limited to the area of responsibility of the issuing authority and is always limited in time.
• The exemption permit is subject to revocation at any time.

The responsibility lies with the district, the district-free city, the large independent city and the independent municipality.

This procedure can also be handled by a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.

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