General Terms and Conditions for Package Travel
The following General Terms and Conditions for Package Travel have been prepared by Virke and the Norwegian Consumer Ombudsman.
These terms and conditions will apply to package travel that falls under the definition in Section 6 of the Act relating to package travel of 15 June 2018.
These terms and conditions have been formulated in accordance with the Act relating to package travel (the "Package Travel Act") and the Regulations issued by the Ministry of Children and Family Affairs (the "Regulations") and supplement the provisions of the Act and Regulations.
These terms and conditions regulate the relationship between the travel organiser and the consumer.
The agreement between the parties is deemed as concluded upon a confirmed booking.
The organiser may require payment of a deposit at the time of booking or prior to a contractual due date. The deposit shall be paid in the manner agreed upon and by the deadline set.
If the contractual amount has not been deposited to the organiser's account within 2 days after the due date, the organiser may terminate the agreement unless the customer can document that payment has been made by the due date.
The remaining amount shall not fall due earlier than 35 days prior to departure. If the organiser has payment obligations to subcontractors that fall due earlier than 35 days prior to departure, the remaining amount may fall due earlier. The organiser shall be able to document such obligations. Clear and explicit information about when the remaining amount falls due must be provided prior to booking.
If such information is not provided in a clear and explicit manner when booking, the organiser's deviant payment deadlines do nevertheless not obligate the customer. Payment shall then not fall due earlier than 35 days prior.
The agreement covers package travel as set forth in the booking and confirmation and the travel document (or similar document), as well as any additional services that are included in the travel package by agreement between the parties. Moreover, the agreement also includes the organiser's individual terms and conditions.
Furthermore, the information the organiser has provided on his websites and in his catalogues, brochures, etc. are part of the agreement unless they must be assumed to be of no significance to the customer's purchase of the travel package in question. The information is not deemed to be part of the agreement either if it has clearly been modified prior to the conclusion of the contract. The organiser shall make note in his information that the information is subject to change prior to the conclusion of an agreement.
The price quoted for the travel package shall include all the charges, fees and/or taxes that the Norwegian and/or foreign authorities will impose on the services included in the agreement. If a tourist tax etc. is payable directly at the destination, this shall be disclosed.
Furthermore, the price shall include any supplements for the customer's special wishes in connection with the booking or other services the organiser has consented to include in the travel package.
Supplements or discounts related to the travel package or any such optional extras or specifications shall be clearly disclosed in the organiser's price list/specifications.
The price for any cancellation protection and/or travel insurance will be in addition to the price of the travel package and is not covered by the provisions in this section. The same applies to any connecting travel or land arrangements that are not part of the travel package.
In the organiser's individual terms and conditions, he may stipulate that the agreed travel package price can be adjusted up or down by changes in government taxes and fees, and/or transport prices and/or the currencies in question. The customer shall be given grounds for and a calculation of the price increase. The organiser must in this case also give the customer an equivalent or corresponding right to demand a price reduction in the terms and conditions if the circumstances under which the organiser reserves the right to increase the price change in the customer's favour, cf. Section 19 of Package Travel Act, cf. Section 20.
Notice of a price increase must be communicated to the customer no later than 20 days prior to departure in order for a demand to increase the price to be valid. The customer may for his part not claim a price adjustment in his favour due to circumstances that arise later than 20 days prior to departure.
A price increase of more than 8% of the agreed purchase price will entitle the customer to terminate the agreement at no cost to the customer.
In the notice of a price increase in accordance with the provisions above, the organiser shall set a reasonable deadline for the customer's right to terminate the purchase at no cost. The deadline cannot be set to less than three business days.
The organiser may require a reasonable deposit that the traveller must pay.
If the organiser can document that the booking entails special financial obligations prior to the start of travel, for example, travel packages related to scheduled air travel and the associated payment obligations for the organiser, hotels requiring a non-refundable prepayment or special land arrangements (excursions, courses, etc.) that are part of the package, and the organiser is not entitled to a refund upon cancellation of the land arrangement, the deposit may be increased by this documented amount.
4.1. Cancellation protection and travel insurance
The organiser or distributor shall advise the customer of his right to pay for cancellation protection or take out cancellation insurance from an insurance company together with the travel package itself, which guarantees that the customer will be released from the contract in the event of the customer's sudden and serious illness, or such illness in his immediate family or affecting anyone he is travelling with, or other unexpected and serious incidents, see further provisions regarding this in Section 5.3.
Furthermore, the organiser shall advise the customer of his right to take out travel insurance from a distributor or organiser, or possibly an insurance company, i.e. insurance for loss/damage to luggage, etc. and to cover medical expenses and possible repatriation in the event of an accident/illness. The customer shall be informed of the necessity to bring a European Health Insurance Card with him if such travel insurance is not taken out.
If the purchase agreement is concluded shortly prior to departure, the information referred to in the preceding paragraph will be given when it is practically possible.
If the right of cancellation is an integral part of the organiser's standard terms and conditions, the organiser is obligated to clearly make the customer aware of this.
4.2. Entry regulations
Prior to the conclusion of an agreement, the organiser/distributor shall provide the customer with general information on what passport and visa requirements apply to the desired destinations for citizens from EU/EEA countries. The customer shall also be informed whenever possible of how long it will take to obtain a visa.
Whoever makes a booking for others is obligated to provide accurate and supplementary information on his travelling companions. This message shall be included in the booking confirmation in a clear and conspicuous manner. If specific information about the entry regulations for the selected travel is not given for practical reasons until the confirmation of travel or later, the customer may terminate the agreement and demand that the deposit paid be refunded in full if the regulations in question significantly affect the customer's ability to complete the travel package.
Travellers with foreign passports from countries outside the EU/EEA will be informed where they can collect the necessary information if the organiser/distributor himself is not able to obtain such information themselves.
Travellers are obligated to provide correct information in accordance with the requirements that the authorities in the various countries have stipulated as a condition for entry.
If the authorities in the country of entry announce new personal data requirements for entry or other formal requirements after the travel documents have been issued, the travel organiser/distributor shall notify the customer of this whenever possible.
4.3. Health information
The customer shall be informed of any health formalities in connection with the travel package and stay.
4.4 Information regarding transport
The travel organiser is obligated to disclose which airline will operate the various transport components of the travel package. If there is a change of airline after the travel package has been purchased, notice of this shall be given as soon as practically possible and no later than at check-in/boarding. For travel packages that use scheduled flights, the organiser shall give notice of any change in the scheduled airlines whenever possible.
4.5. Other conditions
The agreement shall confirm that the organiser has furnished a mandatory guarantee to the Travel Guarantee Fund or similar scheme, and provide information on how to contact the fund.
5.1. Cancellation in the event of extraordinary circumstances
The customer is entitled to cancel the travel package, and to have the amount paid for the travel package refunded if at the destination or in the immediate vicinity thereof prior to the start of the travel package inevitable or extraordinary circumstances have been noted, such as acts of war, natural disasters, hazardous infectious diseases or other events that must be equated with such events, which will affect the completion of the travel package or the transport of the customer to the destination.
The right of cancellation shall also apply if the events arise along or during the itinerary, and they entail a genuine risk to the customer. Refund claims for services that are not part of the travel package must, if payment for such services has already been transferred from the organiser to the service provider in question, shall be addressed to the service provider on a contractual basis.
The right to cancel in accordance with this section does not apply if the customer knew, or should have been aware of, the circumstances when he entered into the agreement to purchase the travel package.
5.2. Fees for cancellation
The customer is entitled to cancel the travel package in return for the payment of a reasonable administration fee until there are 42 days left until the date of departure.
If the customer cancels after this deadline, the following rules will apply:
• Cancellation between the cancellation deadline (as a rule, 42 days prior to the date departure) and until there are 15 days left until the date of departure: The amount paid less the amount of the deposit will be refunded
• Cancellation after there are less than 15 days until the date of departure or no show at departure: No refunds beyond the government fees that are not incurred.
Airlines may in some cases charge a fee for such a refund. In addition, if the organiser claims a refund for taxes and fees on behalf of the customer, a reasonable fee may be charged for this. However, the total fees shall not exceed the name change fee for the ticket.
When the special and documentable nature of the travel package makes it reasonable, for example when the organiser's right to a refund from his subcontractors is limited, the organiser may set terms that deviate from the aforementioned refund policy.
However, the customer's cancellation right may in any case not be restricted to a greater extent than the organiser's rights in relation to his subcontractors.
The individual refund rules must be easy to understand and must be stated in a clear and explicit way before booking. If such information is not provided in a clear and explicit manner at booking and the organiser cannot substantiate that such information has been provided prior to booking, the customer is nevertheless not obligated by the organiser's deviant rules. Cancellation will then follow the refund policy above.
If the customer's booking involves a group, and the agreed total price is based on discounts or reductions linked to the number of participants, the basis for such discounts or reductions may no longer apply if anyone in the group cancels. In the event of partial cancellation, the organiser shall refund the proportionate share of the agreed/paid price to those who have cancelled, and collect a higher price, due to the loss of discounts related to the size of the group, from the remaining participants.
5.3. In the event of a sudden illness or accident – voluntary cancellation protection.
If the customer has taken out cancellation protection/insurance, or if corresponding rules have been made part of the organiser's standard terms and conditions, the customer is entitled to demand that he be released from the agreement if he can document that the conditions for such cancellation have been met. He is obligated to notify the organiser of the cancellation as soon as possible after he has become aware of the circumstances that entitle him to cancel in accordance with this section.
The cancellation protection shall at least give entitlement to cancellation if the customer himself, his spouse, registered partner, cohabitant, child, parent, in-laws or siblings, are affected by a sudden and serious illness, accidental injury or death. The same is true if such circumstances affect anyone that he is travelling with, and it would be unreasonable to demand that the customer complete the travel package then without the person in question. Sudden or serious incidents affecting the customer or his travel companions is equated with sudden or serious illness, cf. the above, which means that it is not reasonable to demand that the customer complete his travel package. Such incidents may include fire or water damage to real property, etc.
The rights in accordance with the preceding items assume that the traveller himself was not familiar with, nor should have been aware of, the circumstances entailing that the travel package cannot be used, or that he himself is not responsible for such circumstances.
The customer is obligated to give the organiser or distributor notice of cancellation as soon as possible after he has become aware of the circumstances justifying the cancellation in accordance with this section, as well as obtaining adequate documentation of the illness from a physician, or the impeding circumstance, for example by a certificate from the police or an insurance company.
If the customer has accepted the organiser's own cancellation protection, the organiser shall, in the event of cancellation in accordance with the aforementioned provisions, refund the amount paid (less the price of the cancellation protection) without undue delay as soon as the necessary documentation has been provided by the customer, possibly after the deduction of a reasonable administration fee. It is also a prerequisite that the fee be stated in the organiser's individual terms and conditions or the insurance document.
If the booking includes multiple travellers, and the total price reflects the discount or reduction based on the total number of participants, a cancellation by one or more of the travellers may entail that the conditions for the agreed price no longer apply. This shall not increase the price for the remaining participants, but be covered by the cancellation protection.
The organiser has the right to transfer the travellers to different accommodation that is better suited to the size of the remaining group and otherwise corresponds to the originally booked accommodation. The right to such relocation is contingent on the relocation not reducing the content of the selected travel package, or entailing that the information provided on the travel package or agreed additional services no longer can be fulfilled.
5.4. Transfer of the travel package
The customer is entitled to transfer the travel package to another person who meets the conditions for participating in the travel package. The prerequisite here is that the organiser or distributor is notified well in advance of the start of the travel package, and that the organiser and/or subcontractors he uses are not bound by rules prohibiting such transfers. Scheduled flights, for example, are in this category of subcontractors. When the scheduled airline accepts name changes, the company's terms and conditions for this will be in addition to the rules in the General Terms and Conditions for Package Travel.
In the event of a transfer, the organiser may charge a reasonable name change fee. The original customer and the new traveller will be jointly and severally liable for both such a fee and any remaining amount for the travel package.
The organiser's duty of disclosure in accordance with the Package Travel Act and these terms and conditions, is normally regarded as having been fulfilled in relation to the new customer to the extent that the duty of disclosure has been fulfilled in relation to those who are transferring the travel package. If there is a need to provide further information, and this is practically possible, the organiser will nevertheless still be obligated to disclose the necessary information to whomever the travel package has been transferred. The organiser will not bear any liability if the person to whom the travel package has been transferred does not satisfy the requirements stipulated by the country of entry.
5.5. Changing the reservation
The traveller can change the travel date, destination, hotel, etc. in return for a reasonable administration fee, provided the organiser has an opportunity to comply with the new wishes. If the organiser's costs associated with the change exceed the size of the fee, the change may be regarded as a cancellation. The organiser must then advise the customer that the rules for cancellation fees in Section 5.2. will apply.
6. Organiser's right to cancel or change the travel package without any liability to pay compensation.
6.1. Too few participants registered
The organiser may cancel the individual travel package if the number of places or occupancy rate he has set as a condition for completing the travel package in his individual terms and condition have not been sold. The deadline must not be set shorter than:
• 20 days prior to the departure date for travel packages lasting longer than 6 days.
• 7 days before the travel package starts for travel packages lasting from 2 to 6 days.
• 48 hours before the travel package starts for packages lasting less than 2 days.
Written notice of such cancellation must be received by the customer no later than the expiration of the deadline. The organiser is obligated to notify the customer of cancellation in accordance with this section as soon as possible. In the event of cancellation in accordance with this section, all of the amounts paid by customers shall be refunded as soon as possible.
6.2. Impediment beyond the control of the organiser
The organiser may cancel a travel package without liability to pay compensation if the travel package cannot be completed due to inevitable and extraordinary circumstances and the traveller is notified of the cancellation without undue delay. Such impediments may, under the circumstances, be war or acts of war, natural disasters, hazardous infectious diseases or other events that must be equated with those mentioned above.
If a travel package is cancelled before it starts due to impediments beyond the control of the organiser, he is obligated to refund all the amounts paid to the customer immediately. Alternatively, the customer shall be offered to participate free of charge in a different travel package of a corresponding or higher quality if the organiser can offer such a package. If the customer is offered an alternative travel package of lower quality than agreed upon, the traveller shall be given a suitable price reduction.
In accordance with the same conditions as mentioned in the first paragraph, the organiser will not be liable to pay compensation due to non-performance or deficient performance of the travel package or if it must be interrupted due to such impediments arising after the start of the travel package. If the travel package is shortened due to the organiser or customer cancelling due to such conditions, the customer will nonetheless be entitled to a proportionate price reduction. The organiser is obligated whenever possible to eliminate any risks to or inconveniences for the customer. If the travel package must be interrupted, the organiser is obligated to transport the customer back to his agreed home destination at no cost and with the least amount of inconvenience for the customer. The point in time for repatriation will depend on an assessment of the actual local conditions, including the real risk and/or the real inconveniences that a continued stay there would represent. Importance should be attached to the statements of Norwegian and local authorities in this assessment.
If the organiser fails to repatriate or postpones this unnecessarily and the customer must arrange for transport home himself, the organiser is liable for any additional expenses the customer incurs as a result of this.
6.3 Organiser's right to change the content or conditions upon conclusion of the agreement
The organiser may not change the terms and conditions of the agreement or the specifications of the travel package to the detriment of the customer upon the conclusion of the agreement, unless specifically designated services/specifications are made subject to change, and this is expressly stated in the individual agreement, i.e. the travel document or other contract document.
The organiser is obligated to notify the customer in writing as soon as possible if he wishes to change the terms and conditions or content in accordance with this section.
At the same time, the organiser shall advise the customer of his right to cancel the purchase of the travel package if the changes result in material non-performance or defective performance of the travel package for the customer after the change, or to claim a price reduction for non-performance or defective performance of the travel package. If the customer has not claimed this right within three days after notification of the change has been received, he will forfeit his right to cancel the purchase or claim a price reduction. If special circumstances mean that the deadline cannot be met, the customer will be required to give notice as soon as possible and within a reasonable period of time.
7.1. Organiser's/distributor's obligations
The organiser shall complete the travel package in accordance with what has been agreed upon with the traveller, cf. Section 2. If unforeseen circumstance nevertheless make changes to the travel package necessary, the organiser shall to a reasonable extent ensure that the traveller is subjected to as little inconvenience as possible.
The organiser shall provide appropriate assistance to travellers in difficulties as soon as possible. This assistance shall aim to provide appropriate information about health services, local authorities and consular assistance, and it is also relevant to assist in finding alternative travel services. The organiser may charge a reasonable fee for assistance if the difficulties are caused intentionally or negligently by the traveller.
The travel organiser/distributor shall disclose any circumstances he understands, or should understand, will be of importance to the traveller as soon as possible.
If the traveller points out any non-performance or defective performance of the travel package, the organiser is obligated to do anything possible, within reasonable limits, to remedy the non-performance or defective performance as soon as possible.
7.2 Customer's obligations
The customer is obligated to familiarise himself with these general terms and conditions or the conditions the organiser has published on his websites, in his catalogue or otherwise.
a) Payment: The customer is obligated to pay the agreed compensation by the deadline set out in the terms and conditions. A material payment default will entitle the organiser to cancel the booking.
b) Information: The customer is obligated to provide the distributor or organiser with the relevant information that he understands or should understand is of significant importance to the completion of the travel package. Whoever makes bookings for travel companions is obligated to provide correct and relevant information for these travellers as well. The organiser is not liable for any problems arising from the fact that the personal details or special needs of travellers have not been provided in a correct manner. Anyone who books a travel package on behalf of someone else is obligated to make sure that the individual(s) who are to participate in the travel package can comply with the regulations established by the organiser, and that the package in question is of such a nature that the registered participant is able to participate without causing any strain on himself or others.
c) Complaints: Travellers are obligated to notify the organiser without undue delay if they discover any non-performance or deficient performance that will entitle them to rights under Sections 8.1 a) – e). If the non-performance or deficient performance is discovered after the travel package has started, the customer must file a complaint locally whenever possible.
d) Documents etc.: The customer is obligated to verify that tickets and travel documents are in accordance with the booking and that the name of the traveller agrees with what appears in his passport. The traveller is obligated to bring with him a valid passport, any visa/health certificates, tickets, reference numbers and other documents that may be required for travel. The traveller himself is obligated to obtain such documents that may be necessary for the individual travel package, and he is obligated himself to take out any insurance that he deems to be necessary. The organiser is entitled to reject a traveller if he has not brought the required documents with him.
e) Consideration of travelling companions etc.: The customer is further obligated to observe the organiser's own regulations as they have been presented to him prior to the conclusion of the agreement, the regulations of hotels and other subcontractors, and to observe the regulations of carriers and the local authorities. Furthermore, the customer shall comply with the instructions the organiser provides about when and where to report, etc. during the travel package, as well as any instructions that the carrier or transport may give in connection with unforeseen incidents during the travel package.
The individual participants in the travel package must not act in such a way that it inconveniences their travel companions or creates security or practical problems for the organiser. The organiser has the right to reject a traveller at the start of the travel package if the traveller's conduct or condition makes it obvious that he cannot fulfil the requirements in this section.
f) Home travel, etc.: The traveller is obligated to observe any rules stated by the organiser regarding the confirmation of return tickets on scheduled airlines. If this is not done, then one cannot count on using the seats that have been reserved. Furthermore, the traveller is himself obligated to keep up to date on any changes in the departure time by contacting the travel organiser, or travel organiser's representative, if the traveller has left the travel party or otherwise made himself or been unavailable during the last 24 hours prior to the scheduled departure. The traveller is otherwise obligated to follow the organiser's invitations to read the organiser's e-mail, SMS messages and placards, and visit the information desk or reception as long as this does not entail any unnecessary nuisance or inconvenience for the traveller.
g) Consequences of a breach: Gross breach of these regulations after there has been a complaint about a matter will entitle the organiser to refuse the traveller in question to continue his participation in the travel package. The organiser does then not bear any liability for additional expenses in connection with the early or changed travel home. The rejected traveller may not submit a claim for the portion of the travel package that has not been used.
The customer may be liable to pay compensation for any losses or additional expenses incurred by the organiser in the event of a gross breach of the aforementioned regulations. The customer is liable for damages and losses, etc. in accordance with the ordinary rules of the law of damages.
8.1. Non-performance or defective performance prior to departure
The customer may terminate the agreement before the start of the travel package if it is clear that there will be material non-performance or defective performance of the travel package.
The same applies if the contractual terms change and the change will represent a significant disadvantage for the customer. A price increase of more than 8% shall always be deemed to be a significant disadvantage. In this event, the customer shall notify the organiser of termination within a reasonable period of time. Unless there are special grounds so indicating, such notification shall be given within one week of notice of the change being received at the latest, or as soon as possible if notification is received shortly prior to departure.
The customer is entitled then to a full refund of all paid amounts and any compensation under the rules of Section 29 of the Package Travel Act.
Alternatively, he is entitled to participate in a different travel package of a corresponding or higher quality if the organiser or distributor can offer such a package. If the proposed alternative travel services result in a travel package of lower quality than agreed upon, the traveller shall be given an appropriate price reduction.
If the organiser does not offer such a substitute travel package, the customer may himself purchase travel equivalent to the original package within reasonable limits, and hold the organiser liable for any additional costs of this purchase in accordance with the ordinary rules of the law of damages. If such a cover purchase is significantly more expensive than the price of the original travel package, compensation may not normally be counted on.
8.2. Non-performance or defective performance after departure
There has been non-performance or deficient performance of the travel package with respect to the delivery of the travel services included in a travel package, and this is not due to the customer or any circumstances on his part.
The customer is obligated to submit a complaint about any non-performance or defective performance he discovers without undue delay.
Non-performance or defective performance after departure giving rise to a legitimate complaint grants the customer the following rights:
The customer may demand that the organiser remedy the non-performance or deficient performance if this can be carried out without unreasonable cost to or inconvenience for him. The remedy must be carried out within a reasonable deadline set by the customer. If the non-performance or deficient performance is not remedied by the deadline, the traveller may remedy the non-performance or deficient performance himself and claim a refund for the necessary expenses.
If the customer refuses a cure that would remedy the non-performance or deficient performance, or if he fails to submit a complaint to the organiser or the organiser's representative where possible, so that a remedy may be made, he will lose his right to submit further claims.
b) Alternative travel services
The customer may demand that the organiser offer an alternative travel service if a significant portion of the travel services cannot be delivered in accordance with the package travel agreement. If possible, the organiser shall offer an alternative travel service of comparable or higher quality at no additional cost. If the proposed alternative travel services result in a travel package of lower quality than agreed upon, the traveller shall be granted a suitable price reduction. The traveller may only reject the offer if it is not comparable to what follows from the package travel agreement, or if the price reduction is insufficient.
c) Price reduction:
If the non-performance or deficient performance is not remedied, the customer is entitled to an appropriate price reduction for the duration of the non-performance or deficient performance of the travel package.
If there is non-performance or deficient performance of the travel package that materially affects the completion of the travel package and the organiser has not remedied the non-performance or deficient performance or offered alternative services, the customer may terminate the agreement and claim a refund for the value of the travel services that have not been delivered.
If the customer terminates the agreement in accordance with this provision, he is entitled to transport free of charge to the point of departure or other destination where the travel package was supposed to end, if the travel package includes a transport component. The rules in Section 6.2, third paragraph apply in the same manner.
If there is non-performance or deficient performance of the travel package, and the customer incurs losses due to this, the customer may claim compensation from the organiser.
The organiser's liability to pay compensation in accordance with the above does not apply if the organiser can demonstrate that the non-performance or deficient performance is due to inevitable and extraordinary circumstances. Moreover, the right to compensation does not apply if the non-performance or deficient performance is caused by a third party not related to the delivery of the travel services included in the agreement and the non-performance or deficient performance could not have been foreseen or avoided.
When transport law restricts the scope of or conditions for compensation from a carrier, the same restrictions apply to the organiser.
8.3 Limitation of compensation
When the organiser's liability to pay compensation has not already been limited by other transport law, the organiser may limit the compensation in the package travel agreement, but not to less than three times the total price of the travel package.
This restriction does not apply to personal injury or damage caused intentionally or negligently by the organiser.
8.4 Relationship to other transport law
The customer's right to a price reduction or compensation does not limit the customer's rights under other transport law. Price reductions and compensation under the Package Travel Act and compensation under other transport law shall be deducted from each other, so that the customer does not receive too much compensation.
The customer can address his claim for a price reduction or compensation to the organiser of the travel package. Any claims against carriers (for example, airlines) under other transport law (including standard compensation under the EU regulation on air passenger rights) must be addressed to the carrier.
Regardless of whether the organiser is liable to pay compensation in accordance with the above, the traveller is obligated to limit the losses as best he can. Compensation may not be claimed for loss or damage due to the traveller's own negligence or circumstances.
Relationship to EU Regulation 2004-261 (delays, cancellations and overbookings)
In case of delays, cancellations and/or overbooking, the rules that follow from the aforementioned EU Regulation apply.
Any claim under this regulation must be addressed to the carrier.
Where the EU Regulation grants the passenger the right to terminate the contract of carriage, this does not apply to the remainder of the travel package unless the nature of the non-performance or deficient performance is such that the conditions for terminating the purchase of the travel package have been met, cf. Section 8. Minor delays do not normally give entitlement to terminating the purchase of a travel package. If the passenger chooses to cancel/terminate the purchase of the travel package pursuant to the provisions of the EU Regulation, but the conditions for terminating the travel package pursuant to the Package Travel Act have not been met, only the portion of the purchase price that relates to transport shall be refunded to the customer. The travel organiser is obligated to make the customer aware that a full refund of the travel package price will not be made.
8.5 Following circumstances are not normally regarded as non-performance or defective performance of the travel package in accordance with the provisions of Section 8:
a) Deviations from the expectations that the customer has had and have not been created by the organiser, such as other building standards at the destination or other circumstances linked to the destination, provided the circumstances for which the customer is complaining must be regarded as "ordinary" at the destination.
b) Abnormal weather or other natural conditions that the organiser did not and should not have knowledge of
c) Conditions the traveller must assume may arise from time to time, which are beyond the control of the organiser or do not deviate from what is regarded as having been assumed in the agreement. Change of accommodation due to overbooking shall not be regarded as a "foreseeable deviation".
d) Delays during transport or changed departure/arrival times, when the stay at the destination is not shortened by more than a maximum of 6 hours for travel with a duration of less than 5 days, or 8 hours for travel with a duration of 5 to 8 days, or a maximum of 12 hours for travel with a duration in excess of 8 days. If the delay/change in the departure/arrival times is due to actions by the aviation authorities, exceptional weather conditions, air space congestion or other, similar conditions that are beyond the control of the organiser or carrier, then the aforementioned deadlines are doubled. The fact that the circumstance is not regarded as non-performance or deficient performance in accordance with this provision does not prevent the customer from receiving the assistance and any compensation that the customer is entitled to pursuant to the aforementioned EU Regulation.
e) Deviations from what has been agreed upon due to the customer's own circumstances.
In the event of a complaint, the traveller shall be made aware of the complaint procedure and that if the customer's complaint/claim is not satisfied, or the parties cannot reach an agreement, the case may be brought before the Complaints Board for Package Travel (Package Travel Complaints Board) or other dispute resolution body, as well as any complaint fees in this connection.
The EU Complaints Portal can also be used if the customer wishes to submit a complaint. This is particularly relevant if the complainant is a consumer residing in another EU/EEA country. Complaints can be submitted here http://ec.europa.eu/odr.
These General Terms and Conditions for Package Travel are valid from 1 July 2018 and replace the corresponding terms and conditions from 1 January 2015.