§2.3 Contracts concluded during an excursion organised by the trader

Article 2 (8) ‘off-premises contract’ means any contract between the trader and the consumer: […] (d) concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer; Subparagraph (d) of Article 2(8) of the Directive defines off-premises contracts as contracts concluded during an excursion organised by the trader irrespective of whether such contracts are concluded away from, or on a trader’s business premises. Furthermore, the Directive specifies that it covers both excursions with the ‘aim’ and ‘effect’ of promoting and selling products to the consumer, i.e., it should not matter whether the consumer is informed beforehand about the intended sale of products during the excursion. The notion of ‘excursion’ includes journeys that involve sightseeing or other leisure-related activities, or journeys to locations such as restaurants, cafes or hotels where an off-premises selling event is organized. In applying this notion, it should not matter whether the trader selling the products during an excursion organises the transport himself or has made arrangements with a transport company: — For example, if a trader has made arrangements with the organiser of the excursion to make sure that, during their excursion, tourists are also brought to his shop, the contracts concluded at the shop are likely to be off-premises contracts notwithstanding the fact that the shop in question is that trader’s business premises. — In contrast, a shuttle bus service organised by a shopping centre with the sole purpose of bringing the potential customers to the shopping centre is merely ancillary to the main purpose of the activity (i.e. to sell the goods and services) and should not be considered an ‘excursion’ for the purposes of Article 2(8).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07