§ 12. Language, telephone offers and a copy of the package holiday contract
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 contract must be clear, easy to read and in Norwegian if the pre-contractual information was given in Norwegian.
- If you receive an unsolicited telephone offer, the seller must confirm it in writing, and you are not bound until you have accepted in writing.
- You are entitled to a copy or confirmation on a durable medium (varig medium), and on paper in certain cases.
The text of the law (unofficial translation)
§ 12. Other requirements for the package holiday contract
What does this mean?
This section sets formal requirements for the contract itself. The language must be clear and comprehensible, and a written contract must be easy to read. If the pre-contractual information under § 9 was given in Norwegian, the contract must also be in Norwegian. The information that § 11 requires in the contract must also appear clearly and prominently.
The second subsection applies to sellers who contact you by telephone without you having asked them to. If the trader has made an offer during such a call, the offer must be confirmed in writing afterwards, on a durable medium. A durable medium means a means that lets you store the information so that it remains accessible and unchanged, for example email. You are not bound until you yourself have accepted in writing, and the confirmation must state this. The seller must be able to document your acceptance. A "yes" during the call itself is therefore not enough.
The third subsection concerns a copy of the contract. The organiser or the retailer must give you a copy or a confirmation on a durable medium, without undue delay after the contract has been concluded. If the parties meet in person, you are entitled to a copy on paper. If the contract was concluded off-premises, you get paper, or another durable medium if you consent. The Right of Withdrawal Act § 5 explains the term: it includes, among other things, contracts concluded in the seller's presence somewhere other than his permanent point of sale (utsalgssted).
This section builds on the other rules in the chapter. § 11 says what the contract must contain. § 13 sets separate requirements for electronic bookings. § 15 concerns tickets and travel documents before departure. You do not have to pay costs that were not disclosed under § 16, and § 17 places the burden of proof (bevisbyrde) on the seller.
Example: The trader calls the traveller and offers a package holiday (pakkereise). The traveller says yes during the call. Without a written confirmation and a written acceptance from the traveller, she is not bound.
- § 11What the package holiday contract or the confirmation must contain
- § 5Definitions of the terms in the Act
- § 10How the information must be given before the package holiday
- § 13Booking a package holiday online and the order button
- § 15Tickets and travel documents before departure