§ 46. The Norwegian Travel Guarantee Fund: tasks, orders and coverage

This section gives the Norwegian Travel Guarantee Fund three tasks. The Fund runs the guarantee scheme itself. It also checks that traders have put in place a guarantee that is large enough. The third task is to be the national contact point. The Fund is therefore both the administrator of the scheme and its supervisory body.

The Fund also has a tool at its disposal: it can issue orders. An order must be necessary to ensure that the rules on travel guarantees are followed. Anyone who disagrees with an order can appeal. The appeal goes to the Ministry, not to the Fund itself. The right of appeal thus provides external control over how the Fund uses its authority.

The last paragraph sets a limit on what the Fund is responsible for. The Fund only accepts claims against traders who have actually provided the guarantee required by law. Example: an organiser (arrangør) should have provided a guarantee, but did not. In that case, travellers (reisende) cannot expect to receive coverage from the Fund for claims against that particular organiser. This is a made-up example that only uses the roles in the Act.

This section must be read together with the rest of Chapter 8. § 42 states that the organiser must provide a travel guarantee for package holidays (pakkereiser). For linked travel arrangements (sammensatte reisearrangementer), the duty applies to whoever arranges the linked travel arrangement, for the services they receive payment for. Both also pay an annual fee to the Fund. § 43 explains what the guarantee must secure: a refund (tilbakebetaling) of payments for services that are not delivered because the trader is insolvent (unable to meet its obligations). If the trip includes passenger transport (persontransport), the guarantee must also cover the journey home, as well as accommodation and other necessary expenses until the journey home. § 44 says that the guarantee must be large enough to cover the turnover subject to the guarantee requirement, and that account must be taken of the time between advance payment and the trip taking place. § 45 sets a deadline for travellers: they must submit their claim to the Fund within six months after the trip should have taken place. § 47 allows the Ministry to issue regulations (forskrifter) on the Fund's organisation and activities, on the size of the guarantee and on the size of the annual fee (årsgebyr).