§ 28. Alternative travel services (alternative reisetjenester) when parts of the package holiday (pakkereisen) cannot be provided
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- If a significant part of the trip cannot be provided, the organiser (arrangøren) must offer replacement services at no extra cost.
- If the alternative is of lower quality than agreed, the traveller (den reisende) is entitled to a price reduction (prisavslag).
- Alternatives can only be rejected if they are not comparable or the price reduction is too small.
- If the alternatives are rejected, transport home (hjemtransport) under § 30 may become relevant.
The text of the law (unofficial translation)
§ 28. Alternative travel services
What does this mean?
This section applies when the organiser cannot provide a large part of what was agreed in the package holiday. The organiser must then find replacement services so that the trip can continue. The traveller shall not pay anything extra for this. Ideally, the new services should be as good as the original ones, or better. The same obligation applies if the journey home cannot be carried out as agreed.
The right to say no is narrow. The traveller can reject the offer only if it cannot be compared with what was agreed, or if the price reduction is too small. Simply preferring the original arrangement is therefore not enough.
Example: The organiser cannot provide the agreed accommodation and proposes another place. If the new place is clearly worse, the traveller is entitled to a price reduction. If it cannot be compared with what was agreed at all, the traveller can say no.
This section is closely linked to the neighbouring rules in Chapter 5. The organiser is responsible for the services being provided as agreed (§ 25), and in most cases has a duty to correct defects (mangler) (§ 27). The right to cancel the contract (heve avtalen) under § 29 requires, among other things, that the traveller has not accepted alternative services under § 28. If the traveller rejects the alternatives, or there are none, the organiser must arrange transport home under § 30 if the package includes passenger transport (persontransport). Price reductions are also covered in § 31, and compensation (erstatning) for losses in § 32.
- § 25The organiser's responsibility and your rights in the event of defects
- § 27Remedying the defect (avhjelp): having the defect corrected during the trip
- § 29Cancellation of the package holiday contract (heving) for significant defects
- § 30Transport home when the package holiday includes passenger transport
- § 31Price reduction for periods with defects