§ 10. How the information before the package holiday must be given

The Package Travel Act (Pakkereiseloven)·LOV-2018-06-15-32

Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська

In brief

The text of the law (unofficial translation)

§ 10. More on the duty to inform (opplysningsplikt) under § 9

The information in § 9 first paragraph shall be given in a clear and comprehensible manner and in a prominent form. If the information is given in writing, it shall be easily legible. If the package holiday contract (pakkereiseavtale) is concluded by telephone, the information shall be given during the telephone call.
When traders (næringsdrivende) direct their marketing through distance selling and off-premises sales (salg utenom faste forretningslokaler), cf. the Right of Withdrawal Act (angrerettloven) § 5 letters b and d, at travellers (reisende) in the realm, the information in § 9 first paragraph shall be given in Norwegian.
If the information is changed, the changes shall be communicated to the traveller in a clear and comprehensible manner and in a prominent form before the contract is concluded. The information in § 9 first paragraph letters a, c, d, e and g shall form an integral part of the package holiday contract and cannot be changed unless the parties expressly agree on changes.
Where the traveller's name, payment details and e-mail addresses have been forwarded from the organiser (arrangør) to one or more other traders under § 6 first paragraph letter b no. 5, all the traders shall give the information in § 9 first paragraph for their travel service (reisetjeneste).
The Ministry (departementet) may issue regulations (forskrift) with further provisions on how the duty to inform is to be fulfilled, including on standard information forms (standardiserte opplysningsskjemaer).
Source: Lovdata — Pakkereiseloven (the Package Travel Act) § 10

What does this mean?

This section does not say what information must be given. That is decided by § 9. This section says how the information must be delivered. It must be easy to understand and stand out clearly from the rest of the text. If it is in writing, it must be easy to read. If you book by telephone, the seller must give the information during the call itself, not just send it afterwards.

Language is a separate point. If the seller directs its marketing at travellers in Norway through distance selling or off-premises sales, the information must be in Norwegian. The Right of Withdrawal Act § 5 explains the terms. Distance selling is contracts where the parties are not physically present at the same time, for example online. Off-premises sales include, among other things, contracts concluded in the seller's presence somewhere other than the seller's permanent business premises.

If the information is changed before the contract is concluded, the changes must be communicated just as clearly. Five of the pieces of information in § 9 first paragraph become a fixed part of the contract. They can later only be changed if both parties expressly agree to it. A one-sided change by the seller is not enough.

In linked online bookings, the name, payment details and e-mail address are passed on from one seller to another. Such bookings can amount to a package holiday (pakkereise) under § 6. In that case, each seller must give the information for the travel service it provides itself. § 14 also regulates what notice the party receiving the information must give the organiser.

This section belongs together with several neighbouring sections. § 11 says what the contract itself or the confirmation must contain, and § 12 sets language requirements for the contract. § 13 requires key information to be highlighted just before an electronic booking. If you were not informed of additional costs (tilleggskostnader), you do not have to bear them under § 16. Under § 17, it is the trader who must prove that the duty to inform has been fulfilled. § 15 also belongs to the chapter and concerns documents and information before departure.

The Ministry may issue more detailed rules in regulations on how the duty is to be fulfilled, including on standard forms. Under § 9, the organiser or the retailer (formidler) must also give standard information on such a form.

Related sections
All sections of the Package Travel Act →