§ 47. Regulations on the travel guarantee scheme

The section gives the Ministry the authority to supplement the guarantee rules in regulations (rules issued by the government or the Ministry with a basis in the law). The law sets the framework. The details of how the scheme works in practice can therefore be found in the regulations. The section has three subsections, and each of them identifies a separate area that the regulations can cover.

The first subsection concerns the Fund and its finances. The Ministry can make rules on how the Norwegian Travel Guarantee Fund is organised and run, on how large the guarantee must be, on exemptions from the guarantee obligation and on the size of the annual fee. The second subsection is a broader legal basis for everything needed to implement the scheme. In particular, it mentions that regulations can require a guarantee to have been provided before package holidays and certain travel services are marketed. The third subsection concerns the Fund's administrative cooperation with other contact points.

The section must be read together with the rest of Chapter 8. The guarantee obligation and the annual fee follow from § 42. What the guarantee covers is set out in § 43, and § 44 requires the guarantee at all times to be sufficient for the turnover subject to the guarantee obligation. The authority to issue regulations on size means that the Ministry can specify how this is calculated. The procedure for claims, including the six-month deadline, is set out in § 45. The Fund's role as administrator, supervisor and contact point follows from § 46.

Example: The Ministry wants to ensure that an organiser (arrangør) cannot market package holidays until the guarantee is in place. The second subsection allows such a requirement to be included in regulations.

The section is an authorisation, not a rule that imposes anything directly. What actually applies to traders (næringsdrivende) depends on what the Ministry has laid down in regulations within this framework.