Key Benefits:
Law on the packing travel and travel anti (the pack ice law). |
| Date | LO-1995-08-25-57 |
| Ministry of | The Barne and the equality of the Children |
| Last modified | LAW-2016-06-17-29 from 01.07.2016 |
| Published | And In 1995 No. 18 |
| Istrontrecation | 01.1.1996, 01.04.1996 |
| Changing | |
| Announcement | |
| Card title | Pakkereislaw pakrl. |
Lovens title modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). -Jof. EES deal Attachment XIX # 7 (dir 90/314). Jf. former law 12. June 1981 # 72 (travel equity law).
The law applies to offers of packet travel and for agreements on purchase of packet travel as the approach between a customer and an event planner or broker of a packet trip. Chapter 10 and 11 and Section 3-1 also apply to other journeys as mentioned in Section 11-1 first clause second period and third clause.
The king decides to what extent the law shall apply to Svalbard and Jan Mayen, and can hernily give the shonest rules of consideration of the site's conditions.
| 0 | Modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
The law can, unless otherwise indicated, do not deviate from damage to the customer when the packet ice is mainly for personal use for this one.
The provisions of travel anti-safety concerns without regard to the party's agreement.
| 0 | Modified by law 22 des 1995 # 84 (ikr. 1 jan 1996). |
With a packet trip, an facilitated event, which lasts for more than 24 hours or includes overnight accommodation, which are sold or marketer to an overall price, and containing at least two of the following items :
| 1) | transport, |
| 2) | accommodation that not exclusively is to consider clause in a transport service, or |
| 3) | other tourist services that make up a significantly part of the event, but are not directly related to transportation or accommodation. |
An event that goes in during the first clause is considered packing travel even if individual items are billed separately.
An event enters during the first clause when the event is adding that the customer selects the single elements themselves, but where the elements are presented as custom to combined.
| 0 | Modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
As the event, it is considered to be the facilitator package of packaging and that offers or sells such either directly or through a broker. The person still does not count as the event of the event when the business is only ever inexhausated and is not a clause in the business of nutrition.
As a broker, it is considered to offer or sell the packet of packaging that is facilitated by an event planner.
As a customer, it is considered to be agreement on purchase of a packet trip, or the one in whose name the purchase agreement is made. Overdrawn the packaging ice to another in accordance with Section 4-4, is considered to be overhauled the packaging ice as a customer.
As a consumer is considered a physical person who is not primarily acting as a clause in the business of nutrition.
| 0 | Added by law 17 June 2016 # 29 (ikr. 1 July 2016 ifg res 17 June 2016 # 703). |
Advertisement or other form of packet travel or other travel as mentioned in Section 11-1 first clause other period and third clause can only be taken when the required warranty is lined and year fees are paid according to Section 11-1.
In catalogs, brochures and other information materials that the organizers have worked out, it shall advance that warranty is asked. If a packet trip is markeled under a different name than the name of the person who has asked the warranty after Section 11-1, the name of the person who has asked the warranty shall be specified.
| 0 | Added by law 22 des 1995 # 84 (ikr. 1 jan 1996), modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
Catalogue and brochures that are faced by the customer shall contain clear and understandable information about the price as well as in the necessary extent of travel destinations, transports, accommodation, travel plan, travel regulations, and terms of minimum number of customers.
Information provided in directories or brochures or other information material that the organiser has worked out or refers to, is considered part of the agreement unless the information must be assumed to have been without meaning to the customer's decision to participate in the pack ice. The information also does not count as part of the agreement if they have been changed in a clear manner before the appointment. The organizers shall in the information material make aware of the possibility that the information may be changed prior to appointment.
| 0 | Modified by law 22 des 1995 # 84-earlier Section 3-1 (ikr. 1 jan 1996). |
The organizers shall before the agreement be made to provide the customer information on the appointment terms. In addition, the customer shall be informed about essential practical conditions that have meaning for the packet crisis about passport, health formalities o.l., as well as on what visa requirements apply to citizens from states that are parties in the EES agreement. The agreement terms shall be confirmed in writing or otherwise clear. If the agreement is entered in writing, the customer shall have issued copy of it.
For agreements that make such a short time before the packaging ice shall take note that it is not possible to comply with the first clause of the first clause, such information shall be provided in the extent that it is convenient.
| 0 | Modified by law 22 des 1995 # 84-earlier Section 3-2 (ikr. 1 jan 1996). |
The organiser is going to be in good time before the packet crisis is going to take to, give the customer information about :
| 1) | transport event and insurance opportunities, |
| 2) | in which way the customer can get in touch with the organiser under the packaging ice, as well as the name and address of local officials as the customer can address if problems should arise, and |
| 3) | how relatives, if the customer is underage, can get in touch with this or a local representative of the organiser. |
| 0 | Modified by law 22 des 1995 # 84-earlier Section 3 (ikr. 1 jan 1996). |
The Ministry can provide regulations on the terms of the terms agreement shall contain, as well as closer rules on the information to be given by Chapter 3.
| 0 | Modified by law 22 des 1995 # 84-earlier Section 3-4 (ikr. 1 jan 1996). |
The customer has the right to cancel the packaging ice if it on the travel destination or in immediate proximity of this for the past 14 days before the packing ice shall take to, stating war actions, natural disasters, dangerous infectious diseases or other events which must be equal to those in front of the mentioned, and there is reasonable reason to assume that these conditions will also make the current when the packet crisis should take until after the deal. Corresponding applies to where events mentioned in the preceding period occur on the itinerary and this implies a real risk of the customer.
By cancellation after the first clause, the customer has claimed to be repaid what he has paid for the packet crisis.
The customer is not entitled to cancel by the rules of this determination if he made the deal despite the fact that he knew or had to know the occasion of the event that invoke as the basis for cancellation.
The customer may also outside of the cases mentioned in Section 4-1 cancel the packaging ice, but the event can then require an appropriate cancellation fee. The company's size is determined on the background of the time of the cancellation and the packet of the eissingen.
The cancellation of the court after the first clause can be restricted or the absence of the degree the event's cancellation directly opposite the third-person is limited.
The organiser shall inform the customer terms of cancellation prior to the appointment of the appointment.
The Ministry of Justice can in regulation give closer rules on cancellation after Section 4-1 and 4-2. It can herunder be given rules about the adhall to limit the cancellation court.
The organiser is supposed to offer the customer an cancellation protection that is supposed to give him the right to cancel the packaging ice-free, potentially against a smaller management fee.
The cancellation protection should at least give the customer the right to cancel the packaging ice if before this one is begun to occur suddenly and severe illness, accident injury or death at the customer himself, in his household or immediate family (spouse, roommate, children, parents, in-laws or siblings) that prevent or make it reckless for the customer to conduct the packing ice. The court of cancellation shall also apply if the obstacle frames another in the travel entourage, and it is unreasonable to demand the customer to conduct the packing ice without the person being with.
The cancellation protection should also include events that are of sudden and serious character and as the customer neither knew nor should have known until when the agreement was reached and that allows the customer to take advantage of the packet crisis.
The customer must as soon as possible after the event notify the event of the event or the broker that the packet crisis is reordered.
The Ministry of Justice can in regulation give closer rules about the cancellation protection, herunder rules about the size of an optionally management fee after the first clause.
The customer has the right to overdrag the packaging ice into a person that fulfills all necessary conditions to participate in the packaging ice, provided that he has informed the organizers or the provider about this within reasonable time before the packaging ice pack. Translation may still not happen if this is in violation of rules that the organizers are bound by.
The one that overpulls the packing ice and the one that gets the packing ice overhauled to them, bookings solidarity for the payment of an optional residual and the additional charges that are a result of the outpass.
The organiser cannot change the appointment of the agreement to the disadvantage of the customer unless such an admission is explicitly stated by the agreement.
Prevention of price increase can be made only applicable if the agreement expressly provides the possibility of as well-price increase as price-down as well as indicates the precise calculation manner for such changes. The agreed price cannot be elevated for the last 20 days before the packet crisis should take until after the deal.
The agreed price can only be elevated as a result of changes in :
| 1) | transport charges, herunder fuel prices, |
| 2) | taxes, fees, or fees for certain service benefits, so as air ports-, land-or-start fees, or |
| 3) | exchange rates that are applied at the calculation of the price of the applicable packet trip. |
| 0 | Modified by law 17 apr 2009 number 19 (ikr. 1 jan 2010 ifg. res. 4 des 2009 # 1456). |
If the packing ice will be faulty or the event will change the appointment terms in accordance with Section 4-5, the event should inform the customer about this. The organiser is to simultaneously illuminate the customer on advertising duty after Section 5-1, about the legal effects of that he did not advertise within the deadline, as well as on how such advertising should be corrected. Is this information policy neglected, the organizers may not invoke for late or lacking advertising after Section 5-1.
If the packet crisis is cancellation, the event should inform the customer about this and the customer's rights after Section 5-2.
The customer may raise the agreement before the packing ice takes to if it is clear that the packaging ice will have essential shortcomings. The same applies if the appointment terms change after Section 4-5 and the change is to significantly disadvantage for the customer. Pricing for more than 10 pst. shall always be considered to be to significantly disadvantage.
Will the customer raise the agreement, he must within reasonable time after receiving the under-direction after Section 4-6 first clause, inform the broker or the organizer that he will take advantage of his right.
If the customer raises the agreement after Section 5-1 or the organiser cancels the packing ice, the customer has the right to immediately receive any charges paid in accordance with the agreement, or to participate in a packet trip of equivalent or higher value if The event or the broker can offer this.
Is the offering packet trip of higher value, the customer pays the price difference, unless the customer has claims for equivalent replacement after Section 5-3.
Can it only be offered a packet trip that is less worth, and the customer accepts the offer, he has the right to get the price difference reimbursed.
Upon the rise of Section 5-1, the customer may demand replacement of the event of the event for loss as a result of the lack. The same is true for losses as a result of the packet crisis being canceled. Replacement can still not be required if :
| 1) | The cancellation is due to the number of the report to the packaging ice is less than the minimum stated in the agreement, and the customer has received written notice of this within the agreed deadline, or |
| 2) | The cancellation or the faulty fulfillment is caused by obstruction that lies beyond the event's control and as he did not reasonably be expected to have taken into consideration of the appointment time and that neither he nor anyone he is responsible for could avoid or avert the consequences of it. |
The pack ice is lacking when it deviates from what is agreed or provided in the agreement and this is not due to the customer or relationship on his side. Avvik from the agreed still does not count as a shortage if they are of less importance and are of the kind the customer has to be reckoned with can occur from time to time. The same applies to deviations in the nature of the nature of the organizers that the organizers neither had nor should have knowledge of or dominion over.
Is the pack ice in incomplete, the customer may require that the shortcomings be helped when it can happen without unreasonable cost or disadvantage for the event.
Offering the organiser to relieve the lack, the customer may not claim pricing or raise the agreement if relief occurs within reasonable time and without significantly disadvantage for the customer.
If the lack of absence is not helped, the customer has the right to relationship-wise pricing. Has the customer self-aided the lack, set the price estimate to the costs of relief unless this appears to be unreasonable.
Has the packing ice essential is missing and the purpose of the packaging ice for that reason is significantly forefailed, the customer can raise the agreement and demand back the amounts paid in accordance with the agreement.
If the customer raises the agreement in co-clause of the first clause, the customer has, if it is involved a transport element in the packaging ice, requirements on the no-charge transport to the departure point or to another place that had to be agreed between the parties.
Is the packet crisis lacking and this leads to the customer suffering loss, the customer may demand damages by the event.
This is still not applicable if the event is due to make the lack of circumstances as mentioned in Section 5-3 No. 2.
The customer may, though he has not suffered any loss, attributed to an allowance provided by the lack of the lack of the customer significantly disadvantage.
In the cases where the organizers are exempt from replacement liability after other clause, he is still quick to provide the customer necessary assistance.
Where is missing at the packaging crisis, the customer is loss as regulated by the replacement rules in the transport-by-law legislation, applies to these rules instead of the replacement rules of this law.
The organizers are still always facing the customer for losses as mentioned in the first clause.
The midway broker is facing the customer for claims that in the co-hold of this law can be raised opposite the event of the event. The midway is still not for claims that can be required covered by the Travel Anti-fund.
The consumer incomes in the customer's demands against the organiser. The regime claim can be lost or run-down if the customer's claims are due to the consumer's relationship.
| 0 | Modified by law 22 des 1995 # 84 (ikr. 1 jan 1996). |
Will the customer plead a shortage after the packaging ice is initiated, he will give the organiser or the provider's message of this within reasonable time after discovering the lack. In the opposite, the customer loses the right to invoke the lack.
The organiser or broker cannot invoke neglected or defective advertising unless the customer's duties after the first clause are indicated in the agreement.
Regardless of Section 8-1, the customer can make the lack of current if the organizers or the broker has been performing rough, or otherwise in violation of realty and good faith.
The customer may anyway Section 8-1 make the lack current for claims as a result of personal injury.
The customer shall correct after the order of regulations and directions given by the event, travel leaders, transporters and others who are responsible in connection with the packaging of the packaging ice.
The customer shall ensure to have with them passports, optionally visa and other documents necessary to conduct the packaging crisis.
| 0 | Modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
If, on the basis of agreement between the travel industry organizations and organizations that organize or represent the packaging ice customers, established a nend for the treatment of disputes, each of the parties may require the Board of Treatment of a dispute where The newnda is competent. The betting boards for the Board shall be approved by the ministry.
Nemnd established after the first clause and that treats disputes between the event or service provider and consumer, shall seek approval for law on clavids for consumer matters.
| 0 | Modified by laws 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044), 17 June 2016 # 29 (ikr. 1 July 2016 ifg res 17 June 2016 # 703). |
However, if a dispute occurs between a customer and the organizer or conveis, the customer shall be disclosed about the right to demand treatment in the Board of the Board.
| 0 | Modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
As long as a dispute is for treatment in the Board of the Board of the Board, the organizer cannot or convey it to bring it in for the common courts. A dispute is considered to be for treatment from the time of the request for the clavicare treatment has come in to the Board of the Board. A case that newnda has realibility can be brought directly in for the courthouse.
| 0 | Modified by laws 13 June 1997 No. 43, 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
The person who is asking the warranty to the Travel Anti Fund after Section 11-1 will participate in the Board of the Board to ensure the consumer's ability to complain about the services that fall into under this law.
The person who is asking the warranty to the Travel Anti Fund after Section 11-1 shall also pay a fee as a contribution to the Board of the Board of the Board. The fee is required by the Travel Anti Fund.
| 0 | Modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
The Ministry can at regulation determine rules to padding and review of the provisions of Chapter 10.
Fee as mentioned in Section 10-4 other clause is determined by the ministry at regulation. The Ministry of Justice can at regulation decide whether and in which extent to the parties shall be placed to pay for the treatment in the Board, as well as in what extent a losing party can be placed to replace the counterpart's charges on the occasion.
The Ministry of Justice can also at regulation also determine rules about the consequences that newnda's business ceases.
| 0 | Modified by laws 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044), 17 June 2005 No. 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
| 0 | Added by law 22 des 1995 # 84 (ikr. 1 jan 1996). |
Arranteur of packing travel duties to run travel anti- The organiser duties also to silence such warranty for transport that happen along with a packet trip, provided that it primarily is for personal use for the customer.
Travel anti is also to be brought by the provider of packet travel for foreign event organizers if it does not make amends that the organizers themselves have asked such a guarantee.
It shall further face travel anti for travel that consists of separate transport and accommodation services that together have essential similarities with a packet trip, provided that travel primarily is for personal use for the customer.
With the travel agency, the individual guarantees in terms of the statement from bank or insurance companies faced the Travel Anti-fund. The travel antitrust fund can accept that it faces other reassuring security. The warranty shall commit to after claims to pay off to the fund an amount large enough to cover the restatement at all times. It shall further be paid a year-end fee to the Travel Anti Fund, which essentially will cover the fund's expenses for the management of the travel antisettlement.
Garanti lined the rules in other countries that are party to the EES agreement, will take place in place of travel anti-after the previous clause for packing travel that are sold directly from business locations in such a country or through self-employed here in the country.
The organiser is due to request from the Travel Foundation of the Travel Anti-fund to make sure that reassuring guarantee is lined.
| 0 | Added by law 22 des 1995 # 84 (ikr. 1 jan 1996), modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
The travel antifund shall manage the travel antischeme. The travel antifund can provide the cuts necessary to ensure the provisions of travel anti-levees.
The travel antitrust fund is organized as a foundation after the foundation of the foundation. The expenditure of the Travel Anti-fund's operation is covered by the fund.
The fund board should within three months after the expiration of each calendar year-taking accounting and anniversaries of the ministry.
| 0 | Added by law 22 des 1995 # 84 (ikr. 1 jan 1996), modified by law 15 June 2001 # 59 (ikr. 1 jan 2005 ifg. res. 19 Nov 2004 # 1489). |
The travel antia serves as collateral for the repayment of the customer's satisfaction if a trip is canceled and it will be opened bankruptcy or chord at the event, or the customer allowance that the claim in vain has been made current against the event of the event. Similarly, the travel agency serves as collateral for the repayment of the customer's satisfaction if the organizers refuse to fulfill the deal due to judicial behavior from someone who has performed on his or her behalf.
At travel, the warranty serves as collateral for the repayment of the share of the settlement that responds to benefits that has not been met with the customer. It serves on as collateral for expenses to stay and other necessary expenses before home travel can happen. If transport is part of the journey, also resettled expenses that are necessary to bring the customer to the departure site or to any other place that had to be agreed between the parties.
The travel antifund fund only covers the requirements of the organisers who have lined the obligation warranty.
| 0 | Added by law 22 des 1995 # 84 (ikr. 1 jan 1996), modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
Requirements for coverage from the travel antia must be conveyed to the Travel Anti-fund within six months after the packaging ice should have been terminated. Is the requirement undisputed, disbursement without undue stay. The order of the claim, the payout cannot be made until the dispute is judicial-made. Is there reason to believe that it will be put forward requirements that exceed the warranty's amount, the payout may first take place when the fund board has received overview of the requirements.
At travel interruption, the fund management can without the obstacles of the provisions of the first clause in the extent that this is necessary to safeguard the customer's tarv, herders to bring them to the departure point or to another place that needed to be agreed between the parties.
| 0 | Added by law 22 des 1995 # 84 (ikr. 1 jan 1996). |
The grant provided by the Travel Foundation of the Travel Foundation of the Section 11-2 first clause can be scratched to the ministry.
| 0 | Added by law 22 des 1995 # 84 (ikr. 1 jan 1996). |
The Ministry provides further provisions on the fund and fund's ordinance, herder regulations about the warranty's size and the amount to be paid in the year fee. The Ministry can also provide regulation to padding and review of the travel antiarrangement.
| 0 | Added by law 22 des 1995 # 84 (ikr. 1 jan 1996), modified by law 8 sep 2006 # 62 (ikr. 1 jan 2007 ifg res. 8 sep 2006 # 1044). |
With fines or with prison for up to three months, it is punishable as intentional or negligent of Section 3-1 and the provisions of this chapter or regulations given in the co-hold of Section 11-6.
| 0 | Added by law 22 des 1995 # 84 (ikr. 1 jan 1996), modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
| 0 | Modified by law 22 des 1995 # 84, changed chapter thanks from Chapter 11 (ikr. 1 jan 1996). |
The law takes effect from the day the King determines. 1
The king can determine transition regulations and that some provisions of the law shall take effect from a later time than the law of the law.
The law only gets the Applicability of agreements that are being made after the law is in effect.
| 0 | Modified by law 22 des 1995 # 84-earlier Section 11-1 (ikr. 1 jan 1996). |
| 1 | From 1 jan 1996 with the exception of Section 3-2 (formerly Section 3-1) that stepped ikr. 1 apr 1996 ifg. res. 25 aug 1995 # 766. |
From the time the law takes effect, the following change is made in law by 24. June 1994 No. 39 about sea speed :---
| 0 | Modified by law 22 des 1995 # 84-earlier Section 11-2 (ikr. 1 jan 1996). |
