§ 27. Remedying the defect (avhjelp): having the defect put right during the trip
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 organiser (arrangør) both may and must put defects (mangel) right within a reasonable deadline that you set.
- The obligation does not apply if putting it right is impossible or disproportionately costly.
- You can put it right yourself and claim necessary expenses refunded if it is urgent, the organiser refuses, or the deadline has passed.
The text of the law (unofficial translation)
§ 27. Remedying the defect
What does this mean?
This section concerns the first and most basic claim when there is a defect: that the fault is put right. The organiser both may and must put the defect right. The deadline is a reasonable time set by the traveller.
The obligation has two limits. It does not apply if it is impossible to put right, or if it would cost disproportionately much. The assessment takes into account how large the defect is and how much the services affected are worth.
The second subsection gives you the right to take matters into your own hands. You can put the defect right yourself and claim necessary expenses refunded in three situations: when putting it right is urgent, when the organiser refuses, and when the organiser has not put it right within the deadline. The expenses must be necessary.
The claim to have the defect put right is the first step in a sequence. § 26 requires you to report defects without undue delay, so that the organiser can do something about them. If a significant part of the services cannot be provided, § 28 on alternative services comes into play. If the organiser has neither put the defect right nor offered an alternative you have accepted, and the defect significantly affects the trip, you can cancel the contract (heving) under § 29. That section refers back to this one.
These remedies can be followed by financial claims. § 31 gives a price reduction (prisavslag) for periods when the trip has defects, and § 32 gives compensation (erstatning) for losses, with exceptions for unavoidable and extraordinary circumstances (uunngåelige og ekstraordinære omstendigheter) and certain third parties. § 25 gives an overview of the organiser's liability, and § 33 links compensation to limitations in transport law. § 25 also refers to this section.
Example: The traveller discovers a defect and reports it. The organiser is given a reasonable deadline to put it right. If the organiser refuses, or the deadline passes without the defect being put right, the traveller can have it put right themselves and claim necessary expenses covered.
- § 26You must report defects
- § 28Alternative travel services when parts of the package holiday fall away
- § 29Cancellation of the contract for the package holiday contract in the event of significant defects
- § 25The organiser's liability and your rights in the event of defects
- § 31Price reduction for periods with defects