GER: Travel Agencies Must Inform about Transit Visas

Mar 21, 2025 Benn-Ibler Rechtsanwälte

Online travel agencies must inform consumers about requirements for transit visas or other transit permits, the Higher Regional Court of the German city of Frankfurt am Main (Oberlandesgericht, hereinafter OLG) has ruled. If an online travel agent fails to provide this information, this can be considered anti-competitive behaviour.

The case arose out of a complaint by a consumer protection association against a booking platform for package and tailor-made holidays. A family had booked a flight from Zurich to Auckland with a stopover in Los Angeles. Only at the airport did they find out that they would not be allowed to enter the US without an ESTA (Electronic System for Travel Authorization, a visa waiver programme) permit – not even for a stopover. Consequently, they were denied boarding.

The district court had previously already ordered the travel agency to inform customers of such entry requirements. The defendant appealed but was unsuccessful before the OLG.

The OLG found that the defendant had acted anti-competitively. It is a travel agency’s obligation to provide relevant information for all online selection decisions if a booking process takes place exclusively and completely on their website. This includes information concerning the need for obtaining any transit permits.

There is no general duty to provide information in commercial transactions, the court clarified. In the case at hand, however, the information about ESTA had been essential for the customers’ decision to make the booking. Without the required transit visa, it would not have been possible to carry out the journey as planned. Moreover, consumers usually only think of visa requirements for the country of destination, not for transit.

It is clear that consumers are at a disadvantage in relation to travel agencies in terms of information. In particular, short-notice trips may be impossible if there is no sufficient time for obtaining required visas. Any additional costs might also have an impact on the choice of a particular flight connection.

The decision is still pending. The defendant has the option of lodging an appeal with the German Federal Court of Justice (Bundesgerichtshof, BGH) against non-admission.

Press release no. 09/2025 of the OLG Frankfurt am Main (20 February 2025)