Reglamentación europea. Dinamarca

Art.1. The Act shall apply to contracts concerning the purchase of package tours concluded by a customer with an organizer or intermediary acting in the name of the organizer. Sections 2, 3 and 5 furthermore apply to package tour offers.

Subsect. 2. The Act and the provisions under the Act cannot by previous agreement be deviated from to the detriment of the customer or any other person entering into the customer's rights, unless otherwise stated in the Act.

Chapter 2
Definitions

Package tours

Art 2. 'Package tour' means a combination of not fewer than two of the following components provided they are offered jointly by the organiser or have been offered in advance and are sold jointly, and provided the total performance lasts more than 24 hours or includes overnight accommodation

1) Transport

2) Accommodation

3) Any other touristic service not ancillary to transport or accommodation, accounting for a significant proportion of the package tour.

Subsect. 2. Separate billing of the components mentioned in Subsection 1 does not cause the combination of such components fall outside the scope of this Act.

Organizer and Intermediary

Art. 3. 'Organizer' means anyone who plans and offers or sells package tours directly or through an intermediary, unless such activity is only carried out occasionally.

Subsect. 2. 'Intermediary' means anyone who offers or sells package tours in the name of the organizer.

Customer

Art. 4. A customer means anyone who purchases a package tour or in whose name a package tour is purchased. Should the customer transfer the package tour to someone else, the person to whom the package tour is transferred shall also be considered as customer.

Chapter 3
Information, etc.

Art. 5. In brochures, advertisements and other marketing material, the price of a package tour shall be stated clearly and in a legible manner.

Subset. 2. Information container in a brochure, advertisements or other marketing material shall be considered part of the contract concerning the purchase of a package tour, unless the consumer has been notified of alterations before conclusion of the contract.

Subsect. 3. After negotiating with the Consumer Ombudsman, the Ministry of Justice shall specify detailed rules on information container in brochures.

Art. 6. Before concluding the contract the organizer shall inform the customer of the conditions of contract and provide information on passport, visa, vaccinations, etc. that are required for the package tour.

The organizer shall confirm the terms of the contract in writing or some other appropriate form to the customer, and, if made in writing, provide him with a copy of the contract.

Subsect. 2. The provisions of subsect. 1 may - to the necessary extent - be deviated from, if the contract is made shortly before the start of the package tour.

Art. 7. Before the start of the package tour, the organizer shall inform the customer in writing or in some other appropriate form about the practical aspects of the package tour.

Art. 8. The Minister of Justice shall lay down rules concerning the terms to be included in the contract and the information to be given to the customer in accordance with Sections 6 and 7.

Chapter 4
Cancellation, Transfers, Prince Alterations and Revision of the Contract

Cancellation

Art. 9. The customer is entitled to cancel a package tour. lf a customer cancels a package tour, the organizer may only claim an adequate remuneration, to be determined on the basis of the time of the cancellation and the nature of the package tour.

Subsect. 2.The right to cancel granted in Subsect. 1 may be limited or deviated from in the contract, provided the organizer's right to cancel vis-à-vis a third party is limited.

Subsect 3. Furthermore, the customer may cancel a package tour if within a period of 14 days prior to the start of the package tour there is an occurrence of acts of war, Acts of God, fatal contagious diseases or other similar events. In this case, the customer is entitled to be repaid all amounts paid under the contract.

Subsect. 4. subsect. 3 shall not apply if, when concluding the contract, the customer knew about the occurrence in question or the occurrence was known generally.

Art. 10. Before the contract is concluded, the organizer shall inform the customer of the conditions of cancellation. Art. 6, Subsect. 2 shall apply here, too.

Subsect. 2. The Minister of Justice may lay down more specific rules regarding conditions of cancellation.

Art. 11. before the contract is concluded, the organizer shall inform the customer of the availability and terms of an insurance policy covering the customer if he, due to illness or similar events, should be unable participate in the package tour. Art. 6, subsect. 2 shall apply here, too.

Subsect. 2. The Minister of Justice may lay down rules on minimum coverage.

Transfer of the Package Tour

Art 12. The customer is entitled to transfer the package tour to anyone who satisfies all the necessary conditions applicable for the package tour, provided the organizer or intermediary is informed about the transfer in reasonable time before the departure of the package.

Subsect. 2. The customers shall be jointly and severally liable for any balance to be paid and the possible costs arising from the transfer.

Price Revisions

Art. 13. The organizer is solely entitled to increase the agreed price of the package tour as a result of alterations in

1) transport costs, including cost of fuel

2) taxes, duos or fees chargeable for certain services, such as airport- , harbour- , landing & departure taxes, or

3) exchange rates applied to the calculation of the price for the particular package tour.

Subsect. 2. Such price increases are only permitted if the organizer informs the customer about them as soon as possible, and if the contract of purchase of the package tour expressly provides for the possibility to both increase and reduce the price and indicates the precise method of calculation as well.

Subsect. 3. The agreed price for the package tour shall not be increased during the last 20 days prior to the agreed departure date for the package tour.

Reservations in the Contract

Art. 14. Provisions by which the organizer reserves the right to make alterations or other general reservations in the contract shall not be valid vis-a-vis the customer.

Chapter 5
Breach of Contract etc. by the organiser before

Departure of the Package Tour

Art. 15. If - before the start of the package tour - it becomes obvious that the organizer cannot fulfil the contract without alteration of one or several conditions, or if the package tour is cancelled, the organizer shall notify the customer as quickly as possible.

Subsect. 2. Together with the notification contained within Subsect. 1 above, the organizer shall inform the customer of his rights, the legal effects of his failure to notify any claim set out in Subsect. 3, and shall indicate to whom notice of claim can be given. Failing this the organizer cannot maintain belated or incomplete communication of the complaint by the customer, under Subsect. 3 below.

Subsect. 3. If the customer wishes to advance a claim for damages because the organiser will not be able to fulfil the contract or because the package tour is cancelled, the customer must notify the operator or intermediary accordingly. Notice must be given within reasonable time after receipt of the notification contained within Subsect. l. Failing this, subject. to subsect. 2 above, the customer shall lose his right to claim for damages.

Art. 16. If the organizer cancels the package tour - except where this is caused by the customer's own fault - or if it is perceived with certainty that the contract will be severely breached by the organizer, the customer shall be entitled either to

1) withdraw from the contract and be repaid all monies which have been paid in accordance with the contract, or

2) participate in a replacement package tour of his own choice, provided the operator is able to offer one without disproportionate costs or losses to him.

Subsect. 2. If the customer chooses to participate in a replacement package tour of higher value, he must pay the difference in price to the extent that he cannot claim such difference from the organizer as compensation, cf. Art. 17.

If the customer chooses to participate in a package tour of lower value, the organizer shall refund the price difference.

Art. 17. If the customer suffers a loss because the operator is not able to fulfil the terms agreed on, or because the package tour is cancelled, the customer is entitled to claim damages from the operator, unless

1) the cancellation is due to the fact that the number of persons registered for a given package tour is less than the minimum number of participants indicated in the contract, and written notice thereof has reached the customer before the deadline stated in the agreement

2) the cancellation or non-performance is attributable to the customer,

3) the cancellation or non-performance is attributable to a third party unconnected with the contract and which neither the organizer or someone the operator is responsible for, with due care could have foreseen at the time the contract was concluded, or have avoided or forestalled, or

4) the cancellation or non-performance is attributable to circumstances which neither the organizer nor someone he is responsible for with due care could have foreseen at the time the contract was concluded or avoided or forestalled.

Subsect 2. Furthermore, the customer shall be entitled to compensation if the non-fulfilment of the contract concerns characteristics of the package tour that are implicitly ensured.

Subsect. 3. The Minister of Justice may lay down rules on deadlines for cancellation in the cases covered by Subsect. 1, No. 1.

Chapter 6
Breach of Contract etc. by the Operator after the package tour has started

Art. 18. lf the package tour is deficient, the customer can claim that the operator remedies the deficiency, unless this would cause disproportionate cost or substantial inconvenience for the organizer.

Art. 19. lf remedy cannot be claimed, d. Art. 18 or if the organizer - when requested by the customer - does not remedy the deficiency within reasonable time, the customer is entitled to a proportionate reduction in the price of the package tour. Furthermore, the customer can claim for damages under Art. 20.

Art. 20. lf a significant proportion of the services contracted for cannot be provided, or if the package tour is otherwise deficient to the extent that the package tour has grossly failed in its purpose, the customer may withdraw from the contract.

Subsect. 2. If the customer cancels the contract, all monies paid in accordance with the contract must be refunded by the organizer. However, the organizer may be compensated for an amount equal to the benefit the customer is considered to have had from the package tour.

Subsect. 3. If the customer cancels the contract, the customer has the right to be transported back to the place of departure or to another place stated in the contract, by a means of transport corresponding to the contracted one.

Art. 21. lf the organizer offers to remedy the deficiency, the customer cannot claim a proportionate reduction in the price or cancel the contract, provided rectification is carried out within reasonable time at no cost or substantial inconvenience to the customer.

Art. 22. If the customer suffers a loss as a result of the package tour being deficient, the customer shall be entitled to claim compensation from the operator, unless the deficiency is caused by the circumstances mentioned in Art. 17, Subsect. 1, nos. 3 and 4. Furthermore, the customer shall be entitled to compensation if the deficiency concerns characteristics of the package tour that are implicitly ensured.

Subsect. 2. If the deficiency has caused the customer substantial inconvenience, the customer may be entitled to receive additional compensation.

Art. 23. if the customer is injured or his (movable) property damaged due to a deficiency in the package tour, Art. 22 shall also apply.

Subsect. 2. If the customer is injured, the organizar shall as fast as possible come to the customer's rescue.

Art. 24. The contract regarding the sale of a package tour may provide for limitation of compensation d. Articles 22 and 23 in accordance with the rules laid down in the international conventions governing the deficient part of the package tour.

Art. 25. lf the customer advances complaints during the package tour, the organizar and the service provider involved shall make efforts to find an appropriate solution.

Art. 26. lf the customer wishes to claim damages because of a deficiency in the package tour, the customer must communicate this to the organizar or intermediary within a reasonable period of time after the customer has discovered the deficiency. Failing this the customer will lose his entitlement to claim damages for this deficiency -d. however, Subsection 2 and Art. 27.

Subsect. 2. If the customers duties under Subsect. 1 are not stated in the contract, the organizer cannot plead that the complaint was belated or incomplete.

Art. 27. Article 26 shall not apply if the organizer or intermediary has acted improperly or been grossly negligent.

Subsect. 2. Furthermore, Article 26 shall not apply to a customer's claim of damages regarding personal injury, cf. Sect. 23.

Chapter 7
Liability towards the customer

Art. 28. The intermediary is immediately liable towards the customer for financial claims which under this Act can be brought against the organizer.

Subsect. 2. The intermediary shall be subrogated to the customer's claim against the organizer. The intermediary's right to subrogation may be lost or reduced if the customer's claim is caused by the intermediary himself.

Chapter 8
The customer's duties

Art. 29. The customer shall take care of the necessary passport-, visa-, and vaccination requirements.

Subsect. 2. The customer must conform to applicable regulations and the Instructions given by couriers, carriers or others connected with the performance of the package tour.

Chapter 9
Sanctions

Art. 30. Violation of Art. 5, Subsect. 1, shall be fined, unless stricter sanctions are due under other legislation. This also applies to gross or frequently repeated violation of Article 6 - Subsect. 1, Article 10 - Subsect. 1, Article 1 - Subsect. 1, or Article 15 Subsect. l.

Subsect. 2. In the regulations issued under Article 5 - Subsect. 3, Article 8, Article 10 Subsect. 2, Article. 11, Subsec. 2 and Article 17 - Subsect. 3 fines may be fixed for violation of these regulations.

Subsect. 3. If the violation has been committed by a company, an association, a foundation or similar, the legal entity as such may be held liable to pay the fines imposed.

Chapter 10
Coming into force, etc.

Art. 31. This Act shall come into force on 1 October 1993 - cf, however, Subsect. 3 and shall apply to contracts for sale of package tours, if the package tour as per contract will commence after the date when the Act comes into force.

Subsect. 2. The provisions of Articles 6 and 7, Article 9 - Subsections 1 and 2, Articles 10-13, Article 17 - Subsect 1 - No. 1 and Article 24 shall however, only apply to contracts of sale of package tours concluded after the Act has come into force.

Subsect. 3. Article 5 shall come into force on 1 January 1994.

Art. 32. The Act shall not apply to the Faroe Islands and Greenland, but by Royal resolution it may come into force in these parts of the realm with the deviations warranted by the special circumstances applying to the Faroe Islands and Greenland.

Translated by DRF, August 5, 1993