§ 8. Glossary: organiser (arrangør), retailer (formidler), traveller (reisende) and other definitions
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- The section explains ten terms used throughout the Act.
- An organiser puts together and sells package holidays (pakkereiser), while a retailer sells trips that an organiser has put together.
- Traveller also includes anyone who merely intends to enter into a contract.
- Unavoidable and extraordinary circumstances (uunngåelige og ekstraordinære omstendigheter) are situations the party cannot control and could not have prevented.
The text of the law (unofficial translation)
§ 8. Other definitions
- organiser: a trader (næringsdrivende) who combines and offers for sale or sells package holidays, either directly or through or together with another trader, or a trader who transmits the traveller's details to another trader under § 6 first paragraph letter b no. 5
- retailer: a trader other than the organiser who offers for sale or sells package holidays combined by an organiser
- transport home (hjemtransport): the traveller's return to the place of departure or to another place agreed by the parties
- defect (mangel): failure to perform or improper performance of the travel services (reisetjenester) included in a package holiday
- trader: a natural or legal person who, in connection with contracts covered by this Act, acts for purposes relating to that person's trade, business or profession, and anyone acting in that person's name or on that person's behalf
- package holiday contract (pakkereiseavtale): a contract on the package holiday as a whole or, if the package holiday consists of separate contracts, all the contracts covering the travel services included in the package holiday
- traveller: a person who intends to enter into a package holiday contract, or who is entitled to travel on the basis of a contract covered by this Act
- point of sale (utsalgssted): retail premises, whether mobile or fixed, or a retail website or similar online structures, including retail websites or online sales facilities presented to travellers as a single facility, including a telephone service
- unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking such a situation, and the consequences of which could not have been avoided even if all reasonable measures had been taken
- durable medium (varig medium): any instrument which enables the traveller or the trader to store information in a way that keeps the information accessible for future reference in unchanged form.
What does this mean?
This section is the Act's glossary. It explains ten terms used throughout the Act. If you understand these, the rest of the rules become easier to follow.
The organiser is the trader who puts together and sells package holidays, directly or together with others. A trader who passes the customer's details on through linked online bookings is also considered an organiser (see § 6). The retailer is another trader who sells package holidays that an organiser has put together. Traveller does not only mean someone who has bought: someone who plans to buy is included too. A trader can be a person or a company acting in the course of business, and anyone acting on behalf of such a person or company.
Defect means missing or poor performance of travel services that are part of a package holiday. Transport home is the traveller's return to the place of departure or another agreed place. Unavoidable and extraordinary circumstances are a situation the party does not control, and where the consequences could not have been avoided even with all reasonable measures. A durable medium is an instrument that lets information be stored so it can later be retrieved unchanged. Point of sale covers shops, websites and telephone services where travellers can buy.
The definitions build on the Act's main concepts: travel service (§ 5), package holiday (§ 6) and linked travel arrangement (sammensatt reisearrangement) (§ 7). Package holiday contract means the contract for the whole package holiday, or all the individual contracts if the trip is split into several contracts. The scope (virkeområde) is set out in § 1, and § 2 makes exceptions for certain trips. § 3 says that contracts cannot give travellers worse terms than the Act.