§ 12. Language, telephone offers and a copy of the package holiday contract

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)

§ 12. Other requirements for the package holiday contract

The language in the package holiday contract (pakkereiseavtale) shall be clear and comprehensible. If the information in § 9 is given in Norwegian, the contract shall be in Norwegian. If the contract is concluded in writing, it shall be legible. The information under § 11 shall be given in a clear and comprehensible manner and in a prominent form.
Before a contract is concluded as a result of the trader (næringsdrivende) having made an unsolicited offer by telephone, the trader shall confirm the offer in writing on a durable medium after the telephone call has ended. The traveller (reisende) is not bound until the offer has been accepted in writing, which the trader shall state in the confirmation. The trader shall be able to document the traveller's acceptance.
The organiser (arrangør) or the retailer (formidler) shall give the traveller a copy of or a confirmation of the package holiday contract on a durable medium, at the time of or without undue delay after the conclusion of the contract. If the package holiday contract is concluded with the parties physically present at the same time, the traveller is entitled to a copy of the contract on paper. If the contract is concluded off-premises (utenom faste forretningslokaler), cf. the Right of Withdrawal Act (angrerettloven) § 5 letter d, a copy of or a confirmation of the package holiday contract shall be given to the traveller on paper or, if the traveller consents, on another durable medium.
Source: Lovdata — Pakkereiseloven (the Package Travel Act) § 12

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.

Related sections
All sections of the Package Travel Act →