§ 40. Effect of breach of certain duties

The section sets out the consequence when the retailer (formidler) of a linked travel arrangement fails to meet its obligations. If the retailer does not provide the information required under § 39, or lacks the guarantee (garanti) required under § 42, the traveller gets package holiday rights for the services anyway. In that case, the rules on transfer of the contract to another traveller (§ 18), and Chapter 4 and 5, apply correspondingly. The transfer means, among other things, that both the person transferring and the person receiving are liable for the remaining balance (restbeløp) and costs, and that the organiser (arrangør) must inform about the costs. The rules in § 18 are written for package holidays (pakkereiser), but here they are applied to the services in the arrangement.