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Original Language Title: Laki valmismatkaliikkeistä

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Law on package travel

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law applies to a package tour (18/09/1994) The organisation, supply and transmission of package holidays ( The operation of a package of products ).

The conduct of the travel movement shall be treated in the same way as the organisation, provision or transmission of air transport to the consumer if the carriage is organised, provided or transmitted by a carrier other than an air carrier.

This Act does not apply to traders who are established in another State belonging to the European Economic Area, who temporarily carry out a manufacturing movement in Finland. (30.11.2012/2015)

ARTICLE 2
The right to carry out the package

Only a natural or legal person who, in accordance with this law, is registered as a manufacturer of a manufacturing movement shall be permitted to carry out the product movement.

ARTICLE 3
Definitions

For the purposes of this law:

(1) Tour operator A manufacturer of a package of products which designs and implements package tours and provides them, either through themselves or through another trader, or which, on his own account, provides another package of package tours;

(2) Travel agent The manufacturer of the travel agent, which, on behalf of the tour operator, deals with contracts for package holidays;

(3) Passenger The person who has concluded an agreement with the manufacturer of a package tour or who is entitled to take part in the journey on the basis of an agreement concluded by another person or entity with the manufacturer.

Chapter 2

Registration and its legal effects

§ 4
Prepared copy business register

The Competition and Consumers'Office shall keep a register of the operators' movement ( Prepared copy business register ). Everyone has the right to be informed of the facts entered in the register. (30.11.2012/2015)

The Register of Excalibur shall be entered in:

(1) the full name of the natural person, the identity number, or, in the absence thereof, the date of birth, the name, the name of the business name, the company name, the company and the entity or any other similar identifier and contact details;

(2) the trade name of the legal person, any ancillary activity name, company and Community logo or other similar identifier and contact details;

(3) whether or not an operator of a manufacturer works as a tour operator, as a tour operator or both;

(4) whether the trader is providing and conveying the business to the consumer;

(5) the foreign tour operator for which the travel agent deals with the contracts for package travel;

(6) the guarantor and the amount of the collateral;

(7) the registration and the date of registration;

8) the cause and date of removal from the register.

The register shall also record the information on which the prohibition referred to in Article 15 has been imposed on a package of products without registration or prohibition to carry out without a guarantee or continue without an acceptable guarantee of an activity to which: Required security. Such information shall be deleted from the register five years after the end of the year in which the prohibition has been issued.

§ 5
Registration and notification of amendments

Anyone intending to carry out a package of products must make a written declaration to the Office for Competition and Consumer Protection for the purpose of registration. The notification may also be made by electronic means. (30.11.2012/2015)

The register shall mention the information referred to in Article 4 (2) (1) to (6). The notification shall be accompanied by an extract from the trade register or other comparable public register, a statement of the payment of the registration fee and a sufficiently thorough description of the activity to assess the security referred to in Article 9.

Any changes to the information entered in the register shall be notified in writing to the Competition and Consumer Agency without delay. The notification may also be made by electronic means. If the notification concerns an end to the package of products, the notification shall be accompanied by a statement of claims and payment obligations which may be lodged from the security. (30.11.2012/2015)

ARTICLE 6 (30.11.2012/2015)
Conditions for registration

The Competition and Consumer Agency shall register the notifier as referred to in Article 5 (1) for the product of a manufacturing movement if:

(1) the notifier is entitled to pursue a business in Finland;

(2) the notifier, if he is a natural person, is of legal age, is not in bankruptcy and his capacity is not limited; and

(3) the notifier has fulfilled the obligation under this law to lodge a security.

§ 7
Legal effects of registration

The registration gives the right to conduct a package tour as a tour operator, as a travel agent or in both the terms and conditions of registration.

Only the registered manufacturer may use the name of the travel agent or the manufacturer to designate a travel agent in his business name or otherwise.

§ 8 (30.11.2012/2015)
Removal from the register

The Competition and Consumer Agency shall remove the manufacturer from the register if the registrant no longer fulfils the conditions for registration provided for in Article 6 or has ceased operations. Before removal from the register, the manufacturer shall have an opportunity to be heard.

Chapter 3

Guarantee

§ 9
Setting the security

In the event of insolvency, the tour operator shall make available to the Competition and Consumer Agency a security approved by it, which shall:

(1) the return of passengers if the contract includes transport;

(2) in the event of cancellation of a journey prior to the commencement of the journey, or the replacement of the price corresponding to the part of the journey interrupted during the journey; and

3) accommodation of passengers in the event of a return journey, provided that accommodation is included in the contract.

(30.11.2012/2015)

The obligation to lodge a security shall also be provided by a tour operator if he is acting on behalf of a foreign tour operator who has not himself set out in accordance with Article 7 of Council Directive 90 /314/EEC on package holidays and package tours Or is domiciled in a Member State other than the European Economic Area. In this case, the travel agent shall lodge a security in accordance with this law in the event of insolvency of both his or her client.

ARTICLE 10 (30.11.2012/2015)
Exemption from the obligation to set up

The Competition and Consumer Agency may exempt from the obligation to set up a package of tickets in whole or in part, provided that:

(1) in the case of package travel and related services, no charges are levied on consumers before the start of the journey; or

2) the package does not include any transport or the risk of interruption of the journey in the event of the insolvency of the manufacturer.

The Competition and Consumer Agency shall withdraw the exemption if it is no longer justified.

ARTICLE 11 (30.11.2012/2015)
Eligibility of collateral

A guarantee, other collateral commitment or insurance shall be accepted as collateral:

(1) the creditor is domiciled in a State belonging to the European Economic Area;

(2) where the exposure amount is estimated to be sufficient for the performance referred to in Article 9 (1);

(3) which shall end no earlier than three months after the lodging of a written declaration by the Competition and Consumers Agency after the end of the guarantee; and

(4) compliance with the obligation to pay by the Competition and Consumer Agency as soon as the manufacturer of the ticket is declared bankrupt or when the Competition and Consumer Agency has otherwise stated that the Insolvent.

ARTICLE 12
Use of collateral

Where the security is not sufficient to cover all the performance referred to in Article 9 (1), the claims shall be paid in accordance with the order of Article 9 (1).

The decision to use the security will be decided by the Competition and Consumer Authority. The Agency shall set a deadline by which the passenger shall make the requirement to use the security to carry out the passenger's claim. (30.11.2012/2015)

ARTICLE 13 (30.11.2012/2015)
Obligation to notify changes affecting the collateral

The manufacturer shall immediately inform the Competition and Consumer Agency of any change in the quality or scope of its activities, which may affect the obligation to lodge a security or collateral acceptability.

Chapter 4

Control and coercive measures

ARTICLE 14 (22.12.2009)
Control

Compliance with this law and the provisions and regulations adopted under this law will be monitored by the Competition and Consumer Agency and, according to its instructions, the regional and police authorities. (30.11.2012/2015)

When required, the manufacturer shall provide the Authority with all documentation, information and other explanations necessary for the supervision.

§ 15 (30.11.2012/2015)
Forced means

If a person is engaged in a package tour without being registered as a manufacturer of the goods, or if the identity of the manufacturer without a guarantee is carried out by the security, the Competition and Consumers' Agency, Prohibit the continuation of such activities.

Where the guarantee is no longer acceptable, the Competition and Consumer Agency may call on the relevant deadline to lodge a new security. If the guarantee is not set within the prescribed period, the Competition and Consumer Agency may prohibit the person concerned from continuing the activity required for the guarantee.

Where a manufacturer fails to comply with Article 13, Article 14 (2) or the obligation laid down in Article 19, the Office for Competition and Consumers may call upon the relevant deadline to comply with their obligations.

The Competition and Consumer Agency may impose a periodic penalty payment on the prohibition or request referred to in this Article.

ARTICLE 16 (30.11.2012/2015)
Means of escape in certain cross-border cases

The Competition and Consumer Agency may also take the measures referred to in Article 15 concerning the application of the (1189/2000) , if the activities originating in Finland comply with the provisions of Article 7 of Council Directive 90 /314/EEC on package travel, package holidays and package tours, as referred to in Implemented at national level in the future law.

§ 17 (30.11.2012/2015)
Initiation of a negative action abroad

The right of the Competition and Consumer Agency to initiate an injunction in another State belonging to the European Economic Area provides for a law on cross-border linguistic arrangements.

ARTICLE 18
Disclosure of confidential information

Without prejudice to the confidentiality provisions provided for in the protection of commercial or professional secrecy or the protection of the financial interests of the trader, the Authority shall have the right to disclose information concerning the trader to the other authority. For the purpose of monitoring and prosecuting or prosecuting a criminal offence.

Chapter 5

Outstanding provisions

§ 19
Auditor and accounting

A manufacturer of a manufacturer who must lodge a security in accordance with this law or who acts on behalf of a foreign tour operator shall be subject to an audit law (17/01/2015) , even if the undertaking concerned does not have an audit obligation under the auditing law. (18/09/1184)

L to 1184/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

A manufacturer who is required to lodge a security in accordance with this law or who acts on behalf of a foreign tour operator shall be an auditor or an audit firm approved by the Central Chamber of Commerce or Chamber of Commerce, even if that The manufacturer of the travel company would not be the (209/2007) Of the Court of Auditors.

The reports submitted to the Agency for Competition and Consumer Protection shall be accompanied by the opinion of the auditor referred to in paragraph 1. (30.11.2012/2015)

An operator of a manufacturing company referred to in paragraph 1 shall organise its accounts in such a way that all fees paid before the start of the journey are made up to date in the accounts. For the rest, the accounting rules are laid down in the (136/1997) .

§ 20
Penalty provisions

Penalties are punishable by criminal law offences and criminal law offences under criminal law. (39/1889) in Chapter 30, Section 3a .

Anyone who violates a penalty or a call for a penalty payment under this law cannot be punished for the same offence.

ARTICLE 21 (7 AUGUST 5/1009)
Appeals appeal

The decision referred to in Articles 8, 15 and 16 shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Provides.

The decision of the Competition and Consumer Agency may require an adjustment to the administrative law (2003) Provides. The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.

In the case of prohibitions referred to in Article 8 and in the prohibitions referred to in Articles 15 and 16, the administrative right shall be subject to appeal, as provided for by the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.

The decision adopted by the Competition and Consumer Agency under Articles 8 and 10 to 12 shall, in spite of the appeal, be complied with, unless the appeal authority decides otherwise.

L to 1009/2015 Article 21 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 21 (30.11.2012/2015)
Appeals appeal

The decision adopted by the Competition and Consumer Agency under Articles 8 and 10 to 12 shall, in spite of the appeal, be complied with, unless the appeal authority decides otherwise.

§ 22
Advisory Board

In the context of the Competition and Consumer Protection Office, there is a Preparatory Tourism Advisory Board, set up by the Ministry of Employment and the Economy for a period of three years. (30.11.2012/2015)

The purpose of the Advisory Board is to monitor the development of the package of preparations and the application and control of the legislation on package travel, to deliver opinions and to submit proposals and initiatives for the development of legislation and supervision.

The Advisory Board shall include the President and at least five other members, including the Vice-Chairperson. The Vice-President and the other members shall have a personal alternate. The members of the advisory board must be well-informed.

A quorum shall be present when the President or the Vice-President and at least three other members are present.

Chapter 6

Entry into force

ARTICLE 23
Entry into force and transitional provisions

This Act shall enter into force on 1 July 2009.

This law repeals the Law of 28 November 1994 on manufactured goods (180/1994) With its subsequent modifications.

The trader who, at the time of entry into force of this Act, carries out the activities referred to in Article 1 (2) and who makes the declaration of registration referred to in Article 5 (1) and (2) within two months of the entry into force of the law may continue to operate: Until the decision on the entry in the register has been made.

Notwithstanding Article 19 (1) of this Law, the provisions of Article 16 (1) of the repeal of Article 16 (1) of the Law on the auditor shall apply in the form of a financial year ending no later than 31 December 2010.

THEY 99/2008 , TaVM 15/2008 EV 114/2008

Entry into force and application of amending acts:

22.12.2009/1535:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

30.11.2012/675:

This Act shall enter into force on 1 January 2013.

THEY 108/2012 , TaVM 9/2012, EV 98/2012

7 AUGUST 2015/1009:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014

18.9.2015/118:

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014