Consumer Policy agreements

Consumer Policy agreements - Package Trips

Konsumentverket (The Swedish National Board for Consumer Policies) on the one hand, and Svenska Rese och Turistindustrins Samarbetsorganisation (the Swedish travel and tourism cooperation council) on the other, have come to the following agreement, which is valid from Feb. 2, 1993. Section 5.5 has been changed, and section 5.6 has been added after an agreement between the parties Aug. 30, 1994.

1. The Agreement

The travel organizer is responsible to the traveler for what the traveler has the right to demand according to the agreement. The responsibility also includes those actions that are to be carried out by someone other than the organizer. If the retailer is a party in the agreement, he/she is responsible to the traveler in the same way as the travel organizer is. Information in the travel organizers catalogues and brochures are binding for him/her. However, a travel organizer may make changes in catalogues and brochures before an agreement is struck. However, this may only be done if the possibility of changes has been clearly stated in the catalogue or brochure and if the traveler has been clearly informed of the changes. The travel organizer shall keep the traveler informed of issues of importance to the traveler which are connected to the agreement. A trip in connection with the original trip is only part of the agreement if it is sold or marketed in connection to the main arrangement for a combined price or for separate prices that are connected to each other. The agreement is binding for the parties when the travel organizer has confirmed the travelers booking in writing and the traveler has paid the agreed upon entry fee on time according to the organizers directions. The travel organizer shall confirm the travelers booking without delay.

1.2 The travel organizer is responsible to the traveler for what the traveler has the right to demand according to the agreement. The responsibility also includes those actions that are to be carried out by someone other than the organizer. If the retailer is a party in the agreement, he/she is responsible to the traveler in the same way as the travel organizer is.

1.3 The travel organizer shall the keep the traveler informed of issues of importance to the traveler which are connected to the agreement.

1.4 A trip in connection with the original trip is only part of the agreement if it is sold or marketed in connection to the main arrangement for a combined price or for separate prices that are connected to each other.

1.5 The agreement is binding for the parties when the travel organizer has confirmed the travelers booking in writing and the traveler has paid the agreed upon entry fee on time according to the organizers directions. The travel organizer shall confirm the travelers booking without delay.

2. Payment of the price of the trip.

2.1 The traveler shall pay the price of the trip no later than what is stated in the agreemen

2.2 The travel organizer may not demand final payment of the price of the trip earlier than 40 days before the departure date, unless otherwise agreed upon.

2.3 In connection with the confirmation, the travel organizer may demand a first installment payment (entry fee). The entry fee shall be reasonable in relation to the price of the trip and circumstances in general.

2.4 If the traveler does not pay the price of the trip according to the agreement, the organizer has the right to cancel the agreement and keep the entry fee as compensation, unless this is unreasonable.

3. The travelers right to cancel the trip

3.1 The traveler has the right to cancel the trip as follows:

• 3.1.1 If the cancellation occurs earlier than 30 days before departure and 5% of the price of the trip is paid, but no less than SEK 200.
• 3.1.2 If the cancellation occurs after that, but earlier than 14 days before departure and 15% of the price of the trip is paid.
• 3.1.3 If the cancellation occurs after that, but earlier than 24 hours before departure and 50% of the price of the trip is paid.
• 3.1.4 If the cancellation occurs within 24 hours of departure the traveler shall pay the full price of the trip, with possible travel tax being deducted.
• 3.1.5 For so-called car package trips (travel by car owned by the traveler, transportation by ferry and lodging in a cabin or apartment) the traveler shall pay full price for the trip when the trip is cancelled later than 30 days before departure.

3.2 If the traveler has made arrangements for cancellation insurance, the traveler has, in those cases stated in 3.2.1-3.2.3, the right to cancel the trip at no other cost than the service charge that is stated in the travel organizers catalogue or brochure. The service charge may only be as much as 5% of the price of the trip, but no more than SEK 200. What the traveler has paid for the cancellation insurance shall not be refunded.

• 3.2.1 If the traveler, the travelers spouse/cohabiter, the travelers or his/her spouses/cohabiters relative in linear decent or ascent or a sibling or person with whom the traveler has booked the trip, before departure, but after the agreement has become binding for the traveler according to section 1.5, is afflicted with a serious illness, an illness which has worsened or has an accident and if this is of such a nature that the traveler cannot reasonably travel.
• 3.2.2 If something else happens to the traveler after the agreement has become binding according to section 1.5 and this is of such a serious nature for the traveler that it is not reasonable to demand that the traveler shall go through with the trip. The event shall be of such a nature that the traveler could not have prevented it, known about or should have known about it when the trip was booked. An example of such a serious event is a fire in the travelers home.
• 3.2.3 If a person who booked the trip together with the traveler cancels his/her trip, referring to sections 3.2.1 or 3.2.2 and it is unreasonable to expect the traveler to go through with the trip without his/her travel companion.
• 3.2.4 Traveler who has booked mutual lodging with a person who has cancelled his/her trip referring to section 3.2.1-3.2.3 shall receive lodging of the same standard as was agreed upon, at the agreed upon hotel/establishment or the equivalent in a room/apartment which corresponds in size to the remaining number of travelers in the party. The remaining travelers shall have the right to keep the original booked lodging alternative if they pay the extra charge stated by the travel organizer. Regarding package trips by bus, boat, train or scheduled airline service, the traveler shall, in the cases listed above in this section, pay the extra charge stated in the price list for a higher standard of lodging, for example, a single room instead of a double room.
• 3.2.5 The traveler shall cancel the trip as soon as possible after the reason for cancellation has occurred. The reason for cancellation shall be attested in a reliable way by a doctors certificate and/or kinship certificate.

3.3 The trip has to be cancelled in the way stated in the catalogue, brochure or travel documents.

3.4 After cancellation has occurred, the outstanding balance that the traveler is owed according to the above, shall be refunded without delay.

4. The travelers right to transfer the agreement.

4.1 The traveler has the right to transfer the agreement to anyone who fulfills all the requirements to participate in the trip. Such a requirement might be that the transportation company, or somebody hired by the travel organizer according to the existing rules has to approve the new traveler. The traveler has to, in good time before departure, inform the organizer or the retailer of his intentions.

4.2 When the agreement is transferred, the person who transfers and the person who acquires are both equally responsible to the other party in the agreement for the remaining payment for the trip and for extra costs which can arise due to the transfer, but no more than SEK 200.

5. The organizers changes before departure and cancellation of trip.

5.1 The organizers right to change the terms of the agreement. The organizer may only change the terms of the agreement to the travelers disadvantage if it is clearly stated in the agreement that this can be done. The price may only be raised if it is clearly stated in the agreement how the new price will be set.

5.2 The travelers right to withdraw from the agreement The traveler has the right to withdraw from the agreement if the travel organizer explains that he/she cannot fulfill his/her commitment and this breach of agreement is of considerable importance to the traveler. The traveler may also withdraw from the agreement if the terms of agreement are changed considerably to his disadvantage. If the travel organizer intends to withdraw from the agreement or change the terms of agreement, he/she shall inform the traveler as soon as possible and at the same time inform the traveler of his/her right to withdraw from the agreement according to the first section. The traveler shall, within a reasonable amount of time, inform the travel organizer or the retailer that he/she wishes to withdraw from the agreement. If the traveler should fail to do this, he/she loses the right to withdraw from the agreement.

5.3 The travelers right to a replacement trip If the traveler withdraws from this agreement according to 6.2 he has the right to another package trip of equal or higher standard, if the organizer or retailer can offer this. If the traveler accepts a trip of lesser standard he has the right to be compensated for the difference in price. If the traveler forgoes his/her right to a replacement trip, or if such a trip cannot be offered, the traveler shall receive a refund for what he/she has paid according to the agreement. The terms in section one and two also apply if the organizer cancels the trip through no fault of the traveler.

5.4 The travelers right to damages, the organizers cancellation of trip In cases referred to in 5.3, the traveler has the right to receive damages from the organizer, if this is reasonable. The traveler has no right to damages because of a trip cancelled by the organizer, if the organizer can show:

• 1. that fewer people than the minimum number stated in the agreement have signed up for the trip and that the traveler is informed about the cancellation in writing no later than 14 days before departure (if the trip lasts no longer than 5 days, the traveler shall be informed no later than 10 days before departure), or
• 2. that the trip could not be realized due to an obstacle that the organizer is unable to control and that he/she could not have reasonably expected when the agreement was struck and the consequences of which the organizer could not reasonably have avoided or overcome. If the cancellation of the trip is due to a person/company that was hired by the organizer, the organizer is relieved of responsibility according to part one of item 2 only if the hired person/company would be relieved of responsibility according to those terms. The same thing applies if the reason can be assignable to someone else at an earlier stage.

5.5 Change in the price If there is a rise in costs for the organizer after the agreement has become binding for the parties according to 1.5 above, the organizer may raise the price for the trip with an amount corresponding to the rise in costs if these are due to:

• 1. Changes in transportation costs.
• 2. Changes in tax rates, duties or fees for services included in the trip, or
• 3. Changes in rates of exchange which affect the organizers costs for the trip The right to raise the price according to 1 and 3 above only exist if the rise in costs exceeds SEK 60. The price may not be raised in the last 20 days before the agreed upon departure date. The organizer shall, as soon as possible, inform the traveler about the change in price. The trips price shall be lowered if the organizers costs are lowered, for the same reasons as above, earlier than 20 days before the agreed upon departure date. The price shall only be lowered according to 1 and 3 above if the costs are lowered more than SEK 60.

5.6 The organizers and the travelers right to withdraw from the agreement in case of intervening events, etc. The organizer and the traveler both have the right to withdraw from the agreement if, after the agreement has become binding for the parties according to 1.5 above, a disaster, act of war, general strike or other intervening event which considerably affects the trip or the conditions at the destination, takes place at or in the vicinity of the destination or along the planned travel route at the time the trip is supposed to take place. To determine if the event is of such a serious nature as stated above, expert Swedish or international authorities shall be consulted.

6. The organizers changes after departure, faults and shortcomings

6.1 Acts not carried out If an essential part of the agreed upon services cannot be provided after the departure, the organizer shall provide suitable replacement arrangements at no extra charge to the traveler. If replacement arrangements cannot be arranged or if the traveler rejects the arrangements on acceptable grounds, the organizer shall, if reasonable, provide transportation of equal standard back to the place of departure or to another location approved by the traveler at no extra charge to the traveler. If a change in the agreement, according to section 1 or 2, entails a change for the worse for the traveler, he/she is, if reasonable, entitled to a price reduction and damages.

6.2 Other faults and shortcomings In case of other faults in the agreed upon services than those stated in 6.1, the traveler has the rights to a price reduction and damages unless the fault lies with the traveler. The traveler is not entitled to damages if the organizer can show that the fault is due to an obstacle that the organizer is unable to control and that he/she could not have reasonably expected when the agreement was struck and the consequences of which the organizer could not reasonably have avoided or overcome. If the fault is because of a person/company hired by the organizer, the organizer is relieved of responsibility according to the second paragraph only if the hired person/company would be relieved of responsibility according to those terms. The same thing applies if the fault can be assignable to someone else at an earlier stage. In case of faults based on circumstances described in the second or third paragraph, the organizer shall immediately provide the traveler with the necessary assistance.

6.3 The scope of the damages Damages according to these conditions include, apart from restitution for monetary loss, compensation for personal injury and damage to property. Damage that are included in sjölagen (maritime law) (1891:35 p. 1), luftfartslagen (aviation law) (1957:297), järnvägstrafiklagen (railroad traffic law) (1966:192) or lagen om internationell järnvägstrafik (the law of international railroad traffic) (1986:193) are reimbursed according to those laws instead of these terms. However, the organizer is always responsible to reimburse the traveler for what he/she has the right to demand according to the laws above. It is incumbent upon the traveler to limit the damage in so far as it is possible.

7. Compensation claim and assistance

7.1 The traveler cannot cite faults in what he/she has the right to demand according to the agreement unless he/she informs the organizer or retailer of the fault within reasonable time after the traveler notices or should have noticed the fault. If possible, this should occur at the destination.

7.2 If the organizer or retailer has acted in gross negligence, without good faith or dishonorably, the traveler can cite fault without 7.1 obstructing this. If the a change in the agreement according to the first or second section leads to a deterioration in the travelers situation, the traveler is, if reasonable, entitled to a reduction in price and damages.

7.3 If the traveler has a complaint that is not unfounded, the organizer or the organizers local representative shall take immediate action to find a suitable solution.

8. The travelers responsibilities during the trip

8.1 The organizers directions etc. The traveler is obliged to follow the directions for the trip stated by the tour leader or another person hired by the organizer. The traveler is obliged to follow the rules of conduct that exist for the trip and for transportation, hotels, etc. and behave in such a manner that fellow travelers or other people are not disturbed. If the traveler significantly violates this, the organizer can cancel the agreement.

8.2 The travelers responsibility for damage The traveler is responsible for any damage he/she has caused the organizer by negligence, for example by not following directions or rules. It is incumbent upon the traveler to pay compensation for any damage, upheld by law, inflicted upon the property of anyone hired by the organizer to contribute to the trip.

8.3 Passport, visas, health regulations, etc. Before an agreement is struck, the organizer or retailer shall, in a suitable way, inform the traveler of any health regulations that are applicable for the trip and, in so far as it concerns the traveler, the rules and regulations concerning passports and visas for citizens of countries belonging to the EEC. However, the traveler is personally responsible for seeing to the necessary formalities connected with the trip, for example possession of a valid passport, visas, vaccinations and insurance. The traveler is personally responsible for all costs arising because of shortcomings in the aforementioned formalities, for example transportation home due to the lack of passport, unless the shortcomings have occurred because of misinformation from the organizer or retailer.

8.4 Departure from the arrangements A traveler who departs from the arrangements after the trip has begun is obliged to inform the organizer or the organizers representative about this. The traveler has to contact the organizer for information about the trip home no later than 24 hours before the return departure time set by the organizer.

9. The settling of disputes.

The parties should try to settle disputes concerning the interpretation or application of this agreement through negotiations. If the parties cannot agree, the dispute can be tried by Allmänna reklamationsnämnden (the Swedish National Board for Consumer Complaints) or in a public court.