E-handelsloven


 

Act no. 472 of 30 June 1993

BE IT KNOWN that the Folketing has enacted and We Margrethe the Second, by the Grace of God, Queen of Denmark, have given Our Royal Assent to the following Act:

Part 1

Scope of the Act and scope for derogation

1-(1). This Act shall apply to contracts for the purchase of package tours concluded between a customer and an organizer or a retailer acting in the name of the organizer. In addition, sections 2, 3 and 5 shall apply to package tours offered for sale.

(2). Unless otherwise stated in the Act, no derogation may be made from this Act and the provisions stipulated under it if such previously agreed derogation is to the detriment of the customer or any person subrogated to the customer's claim.

Part 2

Definitions 

Package tour 

2-(1). For the Purpose of this act package tour means a combination of at least two of the following components, provided that they are offered for sale by the organizer at an inclusive price or have been offered for sale in advance and are sold at an inclusive price, and provided that the total service covers a period of more than 24 hours or includes overnight accommodation:

  •  i) transport,
  • ii) accommodation,
  • iii) other tourist services not ancilliary to transport or accommodation and accounting for a significant proportion of the package tour.

(2). Separate billing of the components stated in subsection 1 shall not imply that the combination of such components falls outside this Act.

Organizer and retailer

3-(1). Organizer means anyone who, other than occasionally, organises package tours and sells or offers such tours for sale, whether directly or through a retailer.

(2). Retailer means anyone who offers for sale or sells a package tour in the name of the organizer.

Customer 

4-(1). Customer means anyone who purchases a package tour or in whose name a package tour is purchased. Should the customer transfer the package tour, the transferee shall also be regarded as a customer.

Part 3 

Information, etc. 

5-(1). The price of a package tour shall appear clearly and comprehensibly from brochures, advertisements and any other marketing material.

2). Information in a brochure, advertisement or other maketing material shall be regarded as an integral part of the contract for purchase of a package tour, unless the customer has been notified of any changes before the conclusion of the contract.

(3). Subject to negotiation with the consumer ombudsman, the Minister for Justice stipulates more detailed rules concerning information in brochures.

6-(1). Prior to the conclusion of the contract, the organizer shall notify the customer of the contract terms and provide information on passport, visa, vaccination and similar requirements to be met in order to complete the package tour. The organizer shall confirm the contract terms in writing or in any other suitable way towards the customer, including delivering a copy of the contract if it has been concluded in writing.

(2). Derogation from the provisions in subsection 1 may be made to the extent necessary if the contract is concluded shortly before the commencement of the package tour.

7-(1). Prior to the commencement of the package tour, the customer shall be notified by the organizer in writing or in any other suitable way about practical issues relating to the completion of the package tour.

8-(1). The Minister for Justice stipulates rules relating to the contract terms and the information to be communicated to the customer under sections 6 and 7.

Part 4

Cancellation, transfer, price adjustment and reservations in the contract

Cancellation

9-(1). The customer may cancel a package tour. Should the customer cancel the package tour, the organizer can only claim appropriate compensation as determined considering the timing of the cancellation and the nature of the package tour.

(2). The right of cancellation under subsection 1 may be limited or derogated from in the contract if the organizer has a limited right of cancellation in relation to a third party.

(3). Furthermore, the customer may cancel a package tour if, within 14 days of the commencement of the package tour, war, natural disaster, lethal contagious diseases or other similar events occur at the destination or in areas adjacent to the destination. In that case, the customer shall be entitled to a refund of all amounts paid under the contract.

(4). Subsection 3 shall not apply if the event in question was known to the customer on the conclusion of the contract or if the event was generally known.

10-(1). The organizer shall notify the customer of the cancellation terms prior to the conclusion of the contract. Section 6(2) shall apply correspondingly.

(2). The Minister for Justice may stipulate further rules on cancellation terms.

11-(1). Prior to the conclusion of the contract, the organizer shall notify the customer of the possibilities and terms of taking out insurance to cover the customer's non-participation in the package tour due to illness or similar. Section 6(2) shall apply correspondingly.

(2). The Minister for Justice may stipulate further rules on minimum coverage.

Transfer of the package tour 

12-(1). The customer shall be entitled to transfer the package tour to anyone meeting all of the conditions for participation in the package tour, provided that the organizer or retailer is notified of the transfer in due time before the commencement of the package tour.

(2). The customers shall be jointly and severally liable for payment of any balance due and any costs resulting from the transfer.

Price adjustment

13-(1). The organizer may only raise the agreed price of the package tour in the event of changes in

  •  i) transport costs, including fuel prices,
  • ii) taxes, dues or fees for certain services, such as airport, port, landing or start taxes, or
  • iii) exchange rates applied in the calculation of the price of the package tour in question.

(2). The price may only be raised if the organizer notifies the customer accordingly without delay, and if the contract on purchase of the package tour expressly provides for both increase and reduction of the price and stipulates the exact calculation method for such adjustment.

(3). The agreed price of the package tour can not be increased within the last 20 days before the agreed time of commencement of the package tour.

Reservations in the contract

14-(1). Provisions to the effect that the organizer reserves the right of adjustment and other ordinary reservations in the contract may not be invoked against the customer.

Part 5 

Non-performance, etc. by the organizer prior to commencement of the package tour 

15-(1). Should the organizer, prior to the commencement of the package tour, be unable to perform the contract without amendment of one or more terms, or if the package tour is cancelled, the organizer shall notify the customer accordingly without delay.

(2). Concurrently with the notification stated in subsection 1, the organizer shall notify the customer about the customer's entitlements, about the legal effect of non-notification as stipulated in subsection 3 and about where the customer should direct the notification. Otherwise, the organizer may not claim delayed or deficient notice of breach under subsection 3.

(3). Should the customer wish to invoke a claim concerning the organizer's nonperformance of the contract, or the cancellation of the package tour, the customer shall notify the organizer or the retailer accordingly. The notification shall be given in due time after receipt of a notice as stated in subsection 1. Otherwise the customer shall forfeit the right to invoke claims, but see subsection 2.

16-(1). Should the organizer cancel the package tour without the cancellation being due to the customer's own circumstances, or if it can be foreseen with certainty that the contract will otherwise be breached materially by the organizer, the customer shall have the right to

  • i) terminate the contract and have all amounts paid under the contract refunded, or
  • ii) participate in another package tour chosen by the customer if the organizer can offer such replacement without excessive costs or losses.

(2). Should the customer opt for a package tour of higher value, the customer shall be liable for the price difference as far as it is not possible to claim the difference as compensation from the organizer, cf. section 17. Should the customer opt for a package tour of lower value, the organizer shall refund the price difference.

17-(1). Should the customer suffer losses because the organizer fails to meet the contract terms, or because the package tour is cancelled, the customer shall be entitled to compensation from the organizer, unless

  •  i) the cause of the cancellation is that the number of registered participants in a package tour is lower than the minimum stated in the contract, and written notification to this effect has been received by the customer within a given deadline stated in the contract,
  • ii) the cancellation or non-performance is due to the customer's own circumstances,
  • iii) the cancellation or non-performance is due to a third party and could not, with due diligence, have been foreseen on the conclusion of the contract or have been avoided or mitigated by the organizer or persons for whom the organizer is responsible, or
  • iv) the cancellation or non-performance is due to external circumstances, which the organizer or persons for whom the organizer is responsible could not, with due diligence, have forseen on the conclusion of the contract or have avoided or mitigated.

(2). Furthermore, the customer shall be entitled to compensation if the non-performance of the contract is related to features of the package tour that are to be regarded as guaranteed.

(3). The Minister for Justice may stipulate rules concerning cancellation deadlines in the cases stated in subsection 1(i).

Part 6 

Non-performance, etc. by the organizer after commencement of the package tour 

18-(1). If the package tour lacks conformity with the contract, the customer may require the organizer to remedy the lack of conformity, unless this implies excessive costs or a considerable burden for the organizer.

19-(1). If remedying cannot be claimed, cf. section 18, or if the organizer fails to remedy the lack of conformity in due time, as requested by the customer, the customer shall be entitled to a proportionate reduction of the price of the package tour. Moreover, the customer may invoke claims under section 20.

20-(1). If a considerable part of the services agreed cannot be delivered, or if the package tour otherwise lacks conformity, resulting in material non-performance of the purpose of the package tour, the customer shall be entitled to terminate the contract.

(2). Should the customer terminate the contract, the organizer shall refund all amounts paid under the contract. However, the organizer may be entitled to compensation corresponding to the assumed value of the package tour for the customer.

(3). Should the customer terminate the contract, the customer shall also be entitled to be transported, at no cost, back to the point of departure or another location stated in the contract, using a means of transport corresponding to that stated in the contract.

21-(1). Should the organizer offer to remedy a lack of conformity, the customer shall not be entitled to claim a proportionate reduction or terminate the contract, provided the lack of conformity is remedied in due time and at no cost to or with no considerable burden for the customer.

22-(1). Should the customer suffer losses as a result of a lack of conformity in the package tour, the customer shall be entitled to compensation from the organizer, unless the lack of conformity is due to circumstances as stated in section 17(1) (iii) and (iv). Furthermore, the customer shall be entitled to compensation if the lack of conformity is related to features that should be regarded as guaranteed.

(2). If the lack of conformity has caused a considerable burden for the customer, the customer may also be entitled to compensation.

23-(1). Should the customer suffer personal injury or should the customer's possessions be damaged as a result of a lack of conformity in the package tour, section 22 shall apply correspondingly.

(2). Should the customer suffer personal injury, the organizer shall quickly seek to assist the customer.

24-(1). The compensation under sections 22 and 23 may be limited, in the contract for purchase of the package tour, in accordance with provisions in international conventions which apply to the element that lacks conformity in the package tour.

25-(1). Should the customer make complaints during the package tour, the organizer and the service provider in question shall endeavour to find appropriate solutions.

26-(1). if the customer wishes to invoke a lack of conformity in the package tour, the customer shall notify the organizer or retailer accordingly within due time after the customer's discovery of the lack. Otherwise the customer shall forfeit the right to invoke the deficiency, cf. subsection 2 and section 27.

(2). If the customer's duties under subsection 1 are not specified in the contract, the organizer may not cite delayed or deficient notice of breach.

27-(1). Section 26 shall not apply if the organizer or the retailer has acted in violation of general integrity or with gross negligence.

(2). Moreover, section 26 shall not apply to the customer's claims in the event of personal injury, cf. section 23.

Part 7

Liability in relation to the customer 

28-(1). The retailer shall be liable directly to the customer for any financial claims that can be invoked against the organizer under this Act.

(2). The retailer shall be subrogated to the customer's claim against the organizer. The retailer's claim may lapse or be reduced if the customer's claim is due to the retailer's circumstances.

Part 8 

The customer's duties 

29-(1). The customer shall arrange for the passports, visas and vaccinations required for the package tour.

(2). The customer shall observe the applicable rules of conduct and any instructions issued by tour guides, transporters and any other persons involved in the completion of the package tour.

Part 9 

Penalty 

30-(1). Violation of section 5(1) shall be subject to the penalty of a fine, unless a more severe penalty is warranted by other legislation. This shall also apply to gross or repeated violation of sections 6(1), 10(1), 11(1) and 15(1).

(2). Regulations issued under sections 5(3), 8, 10(2), 11(2) and 17(3) may stipulate the penalty of a fine for violation of the regulations.

(3). If the violation is committed by a company, an association, a fund or similar, the legal entity as such may be liable to pay the fine.

Part 10

Entry into force, etc. 

31-(1). This Act shall take effect on 1 October 1993, cf. subsection 3, and shall apply to contracts for the purchase of package tours when such package tours are to commence after the entry into force of the Act, according to the contract.

(2). The provisions in sections 6, 7, 9(1) and (2), 10-13, 17(1)(i) and 24 shall, however, only apply to contracts for the purchase of package tours concluded after the entry into force of the Act.

(3). Section 5 shall enter into force on 1 January 1994.

32-(1). This Act shall not apply in the Faroe Islands and Greenland, but may be given effect in these parts of the Kingdom subject to the derogations warranted by the special circumstances in the Faroe Islands and Greenland.

Given at Christiansborg Palace, 30 June 1993

Under Our Royal Hand and Seal MARGRETHE R.

/Erling Olsen

Official notes

None

 

12. October 2016

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