§ 49. Right of recourse: the organiser's claims against others

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

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The text of the law (unofficial translation)

§ 49. Right of recourse

An organiser who pays compensation, grants a price reduction or fulfils other obligations under this Act takes over the traveller's claim against the party who contributed to the event that triggered the obligation. The same applies to a retailer under § 37. The recourse claim may lapse or be reduced if it is due to circumstances on the part of the organiser or the retailer.
Source: Lovdata — Pakkereiseloven (the Package Travel Act) § 49

What does this mean?

The right of recourse (regress) rule lets the organiser (arrangør) pursue others after covering a claim from the traveller (reisende). If the organiser pays compensation (erstatning) or a price reduction (prisavslag), or fulfils another obligation under the Act, the organiser takes over the traveller's claim against the party who helped cause the event. The retailer (formidler) has the same right. Under § 37, a retailer must meet the requirements for organisers in chapter 5 and 8 when the organiser is established outside the EEA (EØS). The claim may lapse or be reduced if circumstances on the part of the organiser or the retailer themselves are the cause. This section follows § 48 on booking errors (bestillingsfeil).

Related sections
All sections of the Package Travel Act →