The German Federal Government is maintaining the principle of voluntary participation in out-of-court dispute resolution procedures for the travel industry. In a recent statement, the government emphasizes that tour operators, intermediaries, and providers of individual services will continue to be legally exempt from participating in dispute resolution proceedings.
The coalition has thus rejected calls for an expansion of the air transport arbitration model, which has been binding for airlines since 2013. The justification given is the structural peculiarities of the industry, which, unlike standardized air transport, is characterized by highly complex and individualized contractual arrangements as well as a fragmented corporate structure.
Although the government explicitly acknowledges the advantages of out-of-court settlements – such as being free of charge for consumers and reducing the burden on the courts – it sees no need for new legal requirements. Instead, the focus is on the national implementation of EU Directive 2025/2647 on alternative dispute resolution. This directive obliges member states to take measures to promote participation in dispute resolution by March 2028, but allows for flexibility in the specific implementation. The travel industry will only be required to adhere to stricter response deadlines for complaints: an acknowledgement of receipt must be issued within seven days, and a substantive response within 60 days.
The Arbitration Board for Travel and Transport (SRUV) recently recorded a settlement rate of around 90 percent in completed cases, underscoring the effectiveness of the instrument. Nevertheless, the government points to the economic circumstances of small and medium-sized enterprises with low profit margins, arguing that they should not be burdened with additional bureaucratic effort through mandatory participation. This stance has drawn criticism from the opposition. Representatives of the Green Party accuse the government of neglecting consumer protection in favor of industry interests and of failing to utilize the potential of arbitration to relieve the burden on civil courts.
Industry experts observe that the number of arbitration requests is rising, particularly in the area of package holidays, indicating a growing awareness among customers of their rights. While air passenger dispute resolution handles tens of thousands of cases annually, the volume in other areas of tourism remains significantly lower, reinforcing the government's argument that mandatory regulation would be disproportionate. A "fair balance" between the interests of the economy and the protection of travelers remains the stated goal of current tourism policy, with digital advancements potentially playing a greater role in claims settlement in the future.