§ 25. The organiser's (arrangør) liability and your rights when there are defects (mangler)

This section is the main rule of Chapter 5 and states who is responsible for delivery: the organiser. The organiser is responsible for ensuring that the travel services in the contract are provided as the contract says.

If there is a defect, you can use several remedies. Under § 27, the organiser must remedy the defect within a reasonable deadline that you set, unless this is impossible or disproportionately expensive. If the matter is urgent, or the organiser refuses or delays, you can remedy it yourself and demand reimbursement of necessary expenses. If a significant part of the services cannot be provided, the organiser must, under § 28, offer alternatives at no extra cost, if possible of the same or better quality. You can only reject the alternatives if they are not comparable or the price reduction is insufficient.

If the defect affects the trip significantly, and it has neither been remedied nor replaced by an alternative you have accepted, you can cancel the contract under § 29 and demand back the value of what has not been provided. If the trip includes passenger transport (persontransport), the organiser must, under § 30, arrange transport home by an equivalent means of transport and at no extra cost, for example when you have rejected an alternative or cancelled the contract. Under § 31, you are entitled to an appropriate price reduction for periods with defects, and under § 32 to compensation for loss. Compensation lapses if the organiser documents unavoidable and extraordinary circumstances (uunngåelige og ekstraordinære omstendigheter), or if the defect is attributable to a third party unconnected with the delivery, and it could not be foreseen or avoided.

The organiser also has two duties under the second paragraph. Under § 35, the organiser must cover necessary accommodation for up to three nights when extraordinary circumstances make transport home impossible, if possible in an equivalent category. The three-night limit does not apply to, among others, persons with reduced mobility, pregnant women and unaccompanied minors, if the organiser was informed of the need at least 48 hours before departure. Under § 36, the organiser must provide appropriate assistance to travellers in difficulty.

The third paragraph contains an exception. If the organiser can document that the defect is attributable to you, the rights to remedying the defect, alternatives, price reduction, compensation, cancellation of the contract and transport home lapse. Accommodation and assistance fall outside the exception.

Finally, two rules affect your claims. § 26 requires you to report defects without undue delay. § 33 states that when another law limits a carrier's (transportør) liability for compensation (erstatningsansvar), the same limitation applies to the organiser.