Reglamentación europea. Finlandia

Package tour operations may be carried on by a natural or legal person, incl. a foreign body or foundation that has registered a branch office in Finland, provided that the person, body or foundation concerned has been registered in accordance with this Act to carry on package tour operations.

Section 2
Definitions

In this Act:

(1) 'carrying on package tour operations' means the organizing, offering for sale or retailing of package tours, or 'packages', falling under the Act on Package Tours (1079/1994);

(2) 'organizer' means a package tour operator who designs and performs packages and offers them for sale either himself or through another economic operator;

(3) 'retailer' means a package tour operator who acts, on behalf of the organizer, as an agent for package contracts; and

(4) 'consumer' means the person who has agreed with the organizer or retailer to take the package offered, or any person entitled to take it under an agreement which another person or body has concluded with the organizer or retailer.

Provisions relating in this Act to organizers shall also apply to economic operators who offer for sale, for their own account, packages organized by another.

In this Act, the organizing of package tours shall be taken to include the offering for sale, direct to the consumer, of transport by charter flights. The organizer here includes offerers for sale of such transport

Chapter 2
Registration and its legal effects

Section 3
The Register of Package Tour operators

The National Consumer Administration maintains a register of those authorized to carry on package tour operations ('Register of Package Tour Operators'). Particulars recorded in the Register shall be public.

Provisions about the details to be recorded in the Register shall be issued by decree.

Section 4
Filing of a registration notice; notification of changes

Whoever wishes to carry on package tour operations shall file a notice to that effect with the National Consumer Administration with a view to being entered into the Register. The content of the notice shall be as specified by decree.

Any changes in the details recorded in the Register shall be communicated without delay to the National Consumer Administration.

Section 5
Prerequisites for registration

The National Consumer Administration shall enter a person referred to in section 4, first paragraph, in the Register if

(1) the entrant is entitled to carry on an economic activity in Finland; and

(2) the entrant has fulfilled his obligation to furnish security under this Act.

Section 6
Legal effects of registration

Registration enables the entrant to carry on package tour operations as an organizer, a retailer or both according as determine in deciding upon registration.

Only a registered package tour operator is entitled to describe his operations, whether in his business name or otherwise, by the terms 'travel agency' or 'package tour operator'.

Section 7
Removal from the Register

The National Consumer Administration shall remove a package tour operator from the Register if the registered person no longer meets the prerequisites for registration under section 5 or if he has ceased to operate. Before removal from the Register, the package tour operator shall be provided an opportunity to be heard.

Chapter 3
Security to be furnished

Section 8
The furnishing of security

The organizer shall furnish to the National Consumer Administration a security acceptable to this in order to ensure, in the event of insolvency,

(1) repatriation of the consumers if the contract includes transport;

(2) accommodation of the consumers, up until repatriation, at the place(s) to be visited, provided that the contract includes accommodation; and

(3) should the package be cancelled, the advance paid, or, should the tour be interrupted, compensation proportionate to the remainder of the package.

The obligation to furnish security devolves on the retailer as well if he operates on behalf of a foreign organizer who himself has not furnished security conforming to this Act. In such a case, the retailer shall furnish security not only against his own but also against his principal's insolvency.

Section 9
Release from obligation to furnish security

Release from the obligation to furnish security may be granted, according as specified by decree, if a security cannot be deemed to be needed seeing to the nature and extent of the package tour operator's operations.

Decision on release shall be taken by the National Consumer Administration, which may also cancel the release if the circumstances on which it was based have changed essentially.

Section 10
Acceptability of security

Acceptable as security can be any guarantee, surety or insurance

(1) which involves a liability to pay that can be assessed to cover all amounts payable under section 8, first paragraph; and

(2) which renders the liability to pay claimable by the National Consumer Administration directly upon declaration of the package tour operator as bankrupt or after the National Consumer Administration has found the package tour operator insolvent

Further rules concerning the acceptability of security shall be issued by decree.

Section 11
Use of security

Should not a security cover all payments under section 8, first paragraph, the debts shall be paid in the order laid down in the said paragraph.

The National Consumer Administration shall decide on the use of security. It shall set a time limit within which the consumer shall present his claim on the use of the security furnished for the recovery of his receivable.

Section 12
Obligation to notify changes which affect the security to be furnished

The package tour operator shall make a prompt notification to the National Consumer Administration of any such changes in the nature or extent of his operations as might affect the obligation to furnish security or the acceptability of the same.

Chapter 4
Surveillance and sanctions

Section 13
Surveillance

Surveillance to ensure observance of this Act and any rules and regulations issued thereunder shall be the task of the National Consumer Administration and, in accordance with its instructions, the Provincial Governments and the Police.

The package tour operator shall upon request give the surveillance authorities all documents, details and other evidence they need for surveillance.

Section 14
Sanctions

Should anybody carry on package tour operations without prior registration as a package tour operator, or should a package tour operator engage in operations conditional upon a security without furnishing such security, the National Consumer Administration may prohibit him from carrying on such operations.

Should the security furnished by the package tour operator cease to be acceptable, the National Consumer Administration may require the person concerned to replace it by a new one within a specified time limit. Should the time limit not be respected, the National Consumer Administration may prohibit the person concerned from carrying on any operations which must be covered by a security.

Should the package tour operator omit to meet an obligation under section 12, section 13 (second paragraph) or section 16, the National Consumer Administration may require him to meet his obligations within a specified time limit.

The National Consumer Administration may impose a conditional fine to reinforce the injunction or obligation imposed under this section.

Section 15
Disclosure of secret information

Notwithstanding any specific rules concerning secrets bearing on a business or profession, a surveillance authority shall be entitled to disclose information falling under secrecy to any other authority for use in surveillance as well as to a prosecution or pretrial authority for the carrying out of a criminal inquiry or for legal proceedings.

Chapter 5
Miscellaneous provisions

Section 16
Auditor; accounting

A package tour operator who is required to furnish security and who organizes or retails packages to foreign destinations shall employ an authorized public accountant or accounting body authorized by the Central Chamber of Commerce, or an approved accountant or accounting body approved by a chamber of commerce as auditor.

Evidence furnished to the National Consumer Administration shall on request be accompanied by a statement drawn up by the auditor designated in accordance with the preceding first paragraph.

A package tour operator envisaged in the first paragraph shall arrange his accounting so as to yield at need all information required for the assessment of the liability to be covered through a security. More specific rules on the accounting system shall be issued by decree.

Section 17
Penalties

Whoever, whether deliberately or through gross negligence and

(1) without having been registered as a package tour operator, either carries on package tour operations for which security is not required or describes his operations as being carried on in terms of a travel agency or by a package tour operator, or

(2) without furnishing a security, either carries on package tour operations for which such is required or omits to give information, or gives false information, to the National Consumer Administration of a circumstance that affects the need for or acceptability of security, thus undermining the consumer's economic safety, shall be sentenced, unless a more severe penalty have been imposed on that act or omission elsewhere in law, to a fine for a violation of the Act on Package Tour Operators.

Should an act or omission falling under sub-paragraph (2) above, in view of the economic benefit aimed at or similar circumstances, in its overall setting have to be considered an aggravating one, the offender shall be sentenced, unless a more severe penalty have been imposed on that act or omission elsewhere in law, to a fine or to imprisonment not exceeding six months for an offence against the Act on Package Tour Operators.

A person who violates an injunction issued or obligation imposed under this Act and reinforced by the conditional imposition of a fine shall not be sentenced to a penalty for the same act or omission.

Section 18
Appeal

A decision whereby the National Consumer Administration imposed, under section 14, a conditional fine is not separately appealable.

A decision made under sections 7 or 9 - 11 by the National consumer Administration shall, despite appeal, be implemented unless the appellate authority orders otherwise.

Section 19
The Advisory Committee on Package Tours

The National Consumer Administration shall have a standing committee to act as a consultative body in matters concerning package tour operations. more specific regulations on the composition, quorum and duties of this Advisory Committee on Package Tours shall be issued by decree.

Chapter 6
Coming into force and transitional provisions

Section 20
Coming into force

This Act shall come into force on 1 July 1995.

This Act shall repeal the Decree of 9 July 1968 on Travel Agencies (442/1968) as subsequently amended. Economic operators who have been awarded under the said decree a licence to carry on an economic activity and are carrying on, when this Act comes into force, operations to which the present Act applies shall be governed by sections 1, 2 and 5a, 10 (third paragraph) , 13 - 18, 20 - 23 and 25 (first paragraph) up to the date on which the economic operator concerned is entered into the Register of Package Tour Operators, not longer, however, than one year after the coming into force of this Act.

Registration notices may be given consideration before the coming into force of this Act and entrants may be registered as package tour operators upon the coming into force of this Act.

Section 21
Transitional provisions

Anyone who by virtue of the Decree on Travel Agencies, repealed by this Act, holds a licence to carry on an economic activity and at the coming into force of this Act is carrying on operations to which this Act is applicable shall file his registration notice under section 4 within three months of this Act's coming into force.

Economic operators not governed by the first paragraph are, if they are carrying on operations falling under the present Act when the Act comes into force and have, within six months from the Act's coming into force, filed a registration notice with a view to being entered into the Register under section 4 may carry on their operations up until the taking of the decision on their entry into the Register.

Whoever at the coming into force of this Act makes use of the term "travel agency" to describe his operations may, notwithstanding section 6, second paragraph, carry on his operations under his previous business name.

(Signatures)