§ 20. When the organiser changes the contract before the trip

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

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In brief

The text of the law (unofficial translation)

§ 20. Other changes to contract terms

The organiser cannot unilaterally change the terms of the package holiday contract (pakkereiseavtale), with the exception of the price under § 19. Insignificant changes to the terms may nevertheless be made if the package holiday contract expressly makes a reservation to this effect, and the organiser informs the traveller (reisende) of the changes.
If, before the package holiday (pakkereise) begins, the organiser has to make significant changes to any of the main characteristics of the travel services (reisetjenester) referred to in § 9 first paragraph letter a, cannot fulfil special requirements as referred to in § 11 first paragraph letter a, or proposes to increase the price of the package holiday by more than eight percent under § 19, the traveller may, within a deadline set by the organiser, accept the changes or cancel the package holiday without paying a fee.
The organiser shall without undue delay inform the traveller of the changes under the second paragraph and, where relevant, of the effect these changes have on the price of the package holiday. The traveller shall also be informed of any alternative package holiday offered, and of the price of that holiday.
The notification under the third paragraph shall set a reasonable deadline by which the traveller must inform the organiser whether the proposed changes are accepted or whether the package holiday is cancelled. It shall be stated that if the traveller does not reply within the deadline, the proposed changes are deemed to be accepted.
Notifications under this section shall be given in a clear and comprehensible manner and in a prominent form on a durable medium.
If the changes to the contract under the second paragraph or the alternative package holiday result in a package holiday of lower quality or price, the traveller shall be entitled to an appropriate price reduction.
Source: Lovdata — Pakkereiseloven (the Package Travel Act) § 20

What does this mean?

The main rule is that the organiser cannot change the contract on its own. The price is the exception, and it is governed by § 19. Insignificant changes are allowed only if the contract expressly makes a reservation for this and the organiser notifies you.

The second paragraph covers three situations that give you a choice. First, the organiser has to make significant changes to the main characteristics of the travel services, as listed in § 9 first paragraph letter a. Second, the organiser cannot fulfil special requirements that have been agreed, see § 11 first paragraph letter a. Third, the organiser proposes a price increase of more than eight percent under § 19. You can then, within the deadline set by the organiser, either accept the change or cancel without paying a fee.

The organiser must notify you promptly and explain what the changes mean for the price. You must also be told about any alternative travel offer and what it costs. The notice must give a reasonable deadline for replying and state that the changes will be deemed accepted if you do not reply within the deadline. It must be clear, comprehensible and prominent, and be given on a durable medium, for example email. Silence therefore equals acceptance.

If the trip becomes of lower quality or cheaper as a result of the changes or the alternative trip, you are entitled to an appropriate price reduction.

This section must be read together with the neighbouring sections. § 19 decides when the price can be increased, and the eight percent limit that triggers your right to choose is set out in this section. § 18 gives a separate right to transfer (overdragelse) the contract.

Example: The organiser has to make a significant change to the travel services and sends an email about it. The email explains the price, mentions an alternative and sets a deadline for replying. The traveller does not reply within the deadline. The changes are then deemed to be accepted.

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