§ 18. Transferring the package holiday (pakkereise) to someone else

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)

§ 18. Transfer of the package holiday contract (pakkereiseavtale)

A traveller (reisende) may transfer the package holiday contract to a person who satisfies all the conditions of the contract, after giving the organiser reasonable notice on a durable medium. Notice given no later than seven days before the start of the package holiday shall always be considered reasonable.
The person who transfers the package holiday contract and the person to whom the contract is transferred are both liable for any remaining balance and for additional charges, fees (gebyr) and other costs arising from the transfer.
The organiser shall inform the transferor of the costs of the transfer. These costs shall not be unreasonable and shall not exceed the organiser's actual costs of the transfer. The organiser shall provide the transferor with proof of the costs arising from the transfer.
Source: Lovdata — Pakkereiseloven (the Package Travel Act) § 18

What does this mean?

This section gives the traveller the right to let someone else take over the trip. The new person must meet all the conditions set by the contract. The traveller must give the organiser reasonable notice on a durable medium, for example email. Notice no later than seven days before departure is always considered reasonable. Shorter notice may therefore also be acceptable, but then it must be assessed in the specific case whether it was reasonable.

Both parties to the transfer are responsible. Both the person who transfers and the person who takes over are liable for any remaining balance and for additional charges and fees arising from the transfer. The organiser must inform the person transferring about the costs and document them. The costs cannot be unreasonable, and they cannot be higher than what the organiser has actually spent on the transfer.

This section is in the chapter on changes to the contract before the trip begins. Here it is the traveller who changes the contract, by putting someone else in their place. The organiser's own changes are regulated in § 19 on price changes and § 20 on other changes to the terms. The organiser cannot change the terms unilaterally, except for the price under § 19 and certain insignificant changes for which the contract expressly makes a reservation (forbehold).

Other sections also refer to this one. Both § 11, on information in the contract, and § 40, on the effect of breaching certain duties, refer to this section.

Example: The traveller cannot travel and wants to let another person take over. That person meets the conditions of the contract, and the organiser is notified on a durable medium no later than seven days before departure. The notice is then in time. The organiser informs about the costs and documents them, and both the traveller and the new person are liable for them and for any remaining balance.

Related sections
All sections of the Package Travel Act →