§ 28. Alternative travel services (alternative reisetjenester) when parts of the package holiday (pakkereisen) cannot be provided

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

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In brief

The text of the law (unofficial translation)

§ 28. Alternative travel services

If a significant part of the travel services (reisetjenestene) cannot be provided in accordance with the package holiday contract (pakkereiseavtalen), the organiser shall, without additional costs (tilleggskostnader) for the traveller, offer alternative travel services, if possible of equivalent or higher quality, so that the package holiday can continue. This also applies where the traveller's transport home cannot be carried out as agreed.
If the proposed alternative travel services result in a package holiday of lower quality than agreed, the traveller shall be given an appropriate price reduction.
The traveller may only reject the proposed alternative travel services if they are not comparable to what follows from the package holiday contract, or if the price reduction is inadequate.
Source: Lovdata — Pakkereiseloven (the Package Travel Act) § 28

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.

Related sections
All sections of the Package Travel Act →