§ 27. Remedying the defect (avhjelp): having the defect put right during the trip

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)

§ 27. Remedying the defect

The organiser has the right and the obligation to remedy a defect, unless this is impossible or entails disproportionate costs, taking into account the extent of the defect and the value of the travel services (reisetjenester) affected. The organiser shall remedy the defect within a reasonable deadline set by the traveller (reisende).
The traveller may remedy the defect themselves and claim necessary expenses refunded if immediate remedying is necessary, the organiser refuses to remedy the defect, or the organiser does not remedy the defect within the deadline.
Source: Lovdata — Pakkereiseloven (the Package Travel Act) § 27

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.

Related sections
All sections of the Package Travel Act →
Questions about this section