§ 21. Cancelling the package holiday for a fee

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

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In brief

The text of the law (unofficial translation)

§ 21. Cancellation by the traveller (avbestilling) of the package holiday (pakkereise) for a fee

The traveller (reisende) has the right to cancel the package holiday before it begins against payment of a cancellation fee.
Reasonable standardised cancellation fees may be set in the package holiday contract (pakkereiseavtale). When setting such fees, account shall be taken of the time between the cancellation and the start of the package holiday, the organiser's expected cost savings and income from alternative use of the travel services (reisetjenester).
If no standardised cancellation fees have been set in the package holiday contract, the amount of the fee shall correspond to the price of the package holiday minus the organiser's cost savings and income from alternative use of the travel services.
At the traveller's request, the organiser shall provide a justification for the amount of the cancellation fee.
Source: Lovdata — Pakkereiseloven (the Package Travel Act) § 21

What does this mean?

This section gives the traveller a general right to withdraw from the trip before it starts. The price is a cancellation fee. The right does not require that anything has happened to the trip. This sets it apart from § 22, which allows cancellation without a fee, but only in extraordinary circumstances.

The fee can be set in advance in the contract. Such fixed fees must be reasonable and take three things into account: how long it is until departure, what the organiser expects to save, and what the organiser can earn by using the services again.

If the contract has no fixed fees, the amount is calculated differently. The fee must then correspond to the price of the trip, minus the savings and income the organiser gets from alternative use of the services. If you ask, the organiser must explain why the fee is as high as it is.

After the cancellation, you are to get your money back. This follows from § 24: the organiser pays back everything that has been paid, but can deduct the cancellation fee when the cancellation takes place under this section. The money must be returned to you without undue delay, and no later than 14 days after the contract ended.

The chapter has two other ways out of the contract before departure. § 22 allows cancellation without a fee in the event of unavoidable and extraordinary circumstances (uunngåelige og ekstraordinære omstendigheter).

Example: The traveller regrets buying the package holiday without anything having happened. The contract has no fixed fees. The fee then corresponds to the price of the trip, minus what the organiser saves and earns by using the services again.

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