§ 6. What is a package holiday (pakkereise)?

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

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In brief

The text of the law (unofficial translation)

§ 6. Package holiday

In this Act, a package holiday means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if
  1. the travel services are put together by one trader, including at the request of the traveller (reisende) or in accordance with the traveller's selection, before a single contract on all the travel services is concluded, or
  2. the travel services, irrespective of whether separate contracts are concluded with several travel service providers
    1. are purchased from a single point of sale (utsalgssted) and all the travel services are selected before the traveller agrees to pay
    2. are offered, sold or charged at an inclusive or total price
    3. are advertised or sold under the term "package holiday" or a similar term
    4. are combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or
    5. are purchased from several traders through linked online booking processes, where the traveller's name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to one or more other traders, and a contract with one of the latter traders is concluded no later than 24 hours after the booking of the first travel service is confirmed.
A combination of travel services where one type of travel service as defined in § 5 letter a, b or c is combined with one or more tourist services as defined in § 5 letter d is only a package holiday if the tourist services
  1. account for a significant proportion of the value of the combination or are advertised as, or otherwise represent, an essential feature of the combination, or
  2. are selected or purchased before the performance of a travel service as defined in § 5 letter a, b or c has started.
Source: Lovdata — Pakkereiseloven (the Package Travel Act) § 6

What does this mean?

This section defines package holiday, which is the central concept of the Act. Only trips that fit the definition count as a package holiday with the rights the Act attaches to it. The core is that at least two different types of travel services (see § 5) relate to the same trip or holiday, and that one trader is behind the combination. The section then describes several ways such a combination can come about.

The definition covers several ways of selling. One is that everything is bought from one point of sale and chosen before the customer agrees to pay. Another is that the trip is offered or invoiced at one total price, or sold under the name package holiday. It also covers cases where the customer chooses from a selection after the contract has been concluded. Finally, there are linked online bookings, where the name, payment details and e-mail address are passed on to another trader, and a new contract is concluded within 24 hours after the first service is confirmed. This last case means that online sellers can become the organiser (arrangør) (§ 8) even if they have not put the trip together themselves.

The second paragraph concerns combinations where one main service (transport, accommodation or car rental) is combined with tourist services. In that case it is only a package holiday if the tourist services make up a significant part of the value or of the trip, or are chosen before the performance of the main service has started. Example: a traveller buys only passenger transport (persontransport) and adds one tourist service that makes up a small part of the value. That is then not necessarily a package holiday.

This section is closely linked to § 7, which concerns linked travel arrangements (sammensatte reisearrangementer), meaning separate contracts that do not amount to a package holiday. The scope (virkeområde) is set out in § 1. Under § 2, the Act does not apply to, among other things, short trips without an overnight stay, trips offered occasionally, or business trips bought under a framework agreement. The definitions in § 8, such as organiser and traveller, build on this concept. § 3 states that the Act cannot be departed from to the disadvantage of the traveller.

Related sections
All sections of the Package Travel Act →
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