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Chapter 1 General Provisions § 1 Scope This Act applies to the marketing of, and agreements concerning, packages, where 1) the package is offered for a consideration by a trader who organizes or procures tourist services other than occasionally, and 2) the package lasts for more than 24 hours or includes an overnight stay. § 2 Package For the purposes of this Act, package means a pre-arranged combination of services offered for sale at an inclusive price and consisting of at least: 1) transport and accommodation, or 2) Transport or accommodation together with another tourist service, which is essential with regard to the entire package. The service intended here does not include services which are associated with transport and accommodation, for example arrangements relating to meals, leisure activities or meetings or other similar services which do not decisively affect the content and price of the package. A combination as intended in subsection 1 is considered to be pre-arranged if a trader has planned and assembled it as a complete unit or if, when the agreement is entered into, the combination may consist of alternative components which a trader has planned in advance. A combination is regarded as being a package even if its various components are priced or invoiced separately. Accommodation in a means of transport is not regarded as accommodation as referred to in subsection 1 above. § 3 Other definitions For the purposes of this Act, organiser means one who plans and brings about packages and who offers them for sale either directly or through the agency of another trader. For the purposes of this Act, traveller means one who has entered into a package contract with an organiser or with an agent or who is entitled to take part in the package by virtue of an agreement which some other person or an association has entered into with the organiser or agent. § 4 Compulsory nature of the provisions Contract conditions which deviate from this Act to the prejudice of the traveller are invalid, unless otherwise provided below. § 5 Liability of agents A trader who has procured a package is liable in the same way as the organiser for information which has been given to the traveller and for performance of the contract. This liability does not however arise if the agent is acting on behalf of an organiser who has a place of business in Finland and if the traveller on entering into the contract is aware of this and of how this circumstance affects his rights. When the traveller is in accordance with this Act obliged to inform the organiser of some particular circumstance, he may fulfil that obligation by informing the agent thereof. Chapter 2 Information which is to be provided on marketing and on entering into and amendment of a contract § 6 Travel brochure If a brochure is supplied to the traveller it shall set out the general conditions which apply to the package contract and that information which is essential in relation to the package. The contract conditions and the other information in the brochure are binding upon the organiser. The conditions and the other information may however be amended, if in his brochure the organiser has reserved the right to amendment and has in a clear manner informed the traveller of the amendment before the contract is entered into, or if the parties have later agreed the amendment. Further provisions concerning the preparation of brochures and concerning the contract conditions and other information which is to be contained in them may be issued by decree. § 7 Information which is to be provided before a contract is entered into Before a contract is entered into the organiser shall provide the traveller with information concerning the content of the package, necessary travel documents, health regulations relating to the package and the stay and concerning the conditions which are applicable to the contract. The contract conditions shall be given of the traveller in writing, unless the conditions have been published in a brochure to which the traveller has access. If a contract is entered into immediately before the package takes place and if it would therefore be unreasonably inconvenient to provide the contract conditions in writing, the information concerning the conditions may be supplied to the traveller in some other suitable form. Further provisions regarding the information which should be provided to the traveller before the contract is entered into may be issued by decree. § 8 Other information which is to be given prior to departure The organiser shall in good time before departure provide the traveller with information concerning transport and the timetable. Therefore the traveller shall also be given other necessary information such as instructions in the event of sickness, accident or some other similar circumstance. Further provisions concerning the information, which the traveller is to be given before departure may be issued by Decree. § 9 Entering into a contract for package travel abroad In the case of package travel abroad, which is offered for sale to the public, a binding contract arises in relation to the traveller when he pays the price of the package or that part of the price which the organiser specifies. If the price or specified part of it has not been paid by the deadline stipulated by the organiser, the booking is cancelled. The provision of this section does not however apply if other written agreement has been reached concerning commencement of the contract. § 10 Transfer of a package contract The traveller is entitled to transfer his rights under the contract to a person who fulfils the conditions which may be imposed upon a participant in the package. The organiser shall be informed of the transfer not later than 48 hours prior to departure. The organiser is entitled to reasonable compensation for measures which have been necessitated by the transfer. The transferor and the transferee are jointly and severally liable for payment to the organiser of the price of the package and of any compensation which may become due. § 11 Organiser’s right to cancel the package in the event of too few participants The organiser is entitled to cancel the package in the event of too few participants only if he has stated in the brochure or in the contract conditions that the package is dependent upon the number of participants. The organiser shall also indicate the deadline for informing the traveller in the event of cancellation. When the organiser cancels the package he shall without delay refund what the traveller has paid, unless the traveller receives a substitute package in accordance with § 13. The organiser shall also reimburse the traveller for those expenses which are directly related to the package and which have been rendered needless in consequence of cancellation of the package. § 12 Organiser’s right to cancel the package and other travel arrangements for reason of force majeure The organiser is entitled to cancel the package if his ability to bring about the package in the agreed manner has, following conclusion of the contract, been fundamentally impaired in consequence of an act of war, a natural catastrophe, a strike or similar situation at or near the package destination or if in consequence of some other unexpected circumstance the package cannot be brought about without risk to the traveller’s life or health. The traveller shall be immediately informed of the cancellation of the package. The organiser shall without delay refund the payments which the traveller has made, unless the traveller receives a substitute package in accordance with § 13. If during the course of the package a situation referred to in subsection 1 arises, the organiser is entitled to interrupt the package and make other necessary changes to the package schedule. After the package is completed, the organiser shall without delay repay to the traveller that part of the price of the package which corresponds to the services which the latter has not received. § 13 Substitute package when a package is cancelled If the organiser cancels the package, the traveller may demand a new, similar package at the price which he paid for the original package. The organiser may however refuse to offer a substitute package, if this would occasion unreasonable costs or inconvenience. If the organiser and the traveller are agreed on a substitute package the price of which is lower than the price of the original package or which does not comprise the services which were originally agreed, the traveller shall recover the price difference or that part of the price which corresponds to the services which are not included. § 14 Changes in the price The organiser may in the contract conditions reserve the right to increase the price of the package after conclusion of the contract, if he also undertakes for similar reasons to reduce the price of the package. The price may be increased only as a result of 1) changes in taxes and other public charges which affect the price of the package, 2) such changes in the exchange rates as are dependent upon a decision of the Bank of Finland or of the Cabinet, or 3) such changes in the transport costs as the organiser has not been able to influence and as he was not able to include in his calculations when the contract was entered into. A price increase must not be greater than the increase in costs. The price shall be reduced by at least as much as the reduction in costs. The organiser shall inform the traveller of the new price as soon as possible. The price must not be increase during the last 20 days prior to the agreed date of departure. Nor is the organiser obliged to reduce the price during this period. § 15 Traveller’s right to withdraw from the contract The traveller is entitled to withdraw from the contract, if 1) he has good reason to believe that in consequence of a situation referred to in § 12 subsection 1 the package cannot be brought about in the agreed manner or in such a way that his life or health will not be endangered, 2) the organiser has in accordance with § 14 substantially increased the price of the package or by virtue of the contract conditions made other fundamental changes to the contract, or 3) the traveller has suffered an unexpected and serious occurrence and it would be unreasonable to demand that he participate in the package; if the traveller dies before departure, his successors are entitled to withdraw from the contract. The organiser shall without delay be informed of the withdrawal. If withdrawal from the contract occurs in accordance with subsection 1, point 3, a reliable explanation of the incident which has prevented participation in the package shall also be presented. The organiser shall without delay refund the payments which the traveller has made. If withdrawal from the contract occurs in accordance with subsection 1, point 3, the organiser may exact reasonable compensation for those measures which are necessitated by the withdrawal. Chapter 3 Organiser’s obligations and consequences of breach of contract by the organiser § 16 Obligation to assist If during the course of the package the traveller falls sick, suffers an accident, becomes the victim of a crime or suffers some other injury, the organiser shall assist him in obtaining medical attention or earlier transport home or in investigating the crime or injury and in other necessary measures. If a situation referred to in § 12, subsection 1 arises during the course of the package, the organiser shall accordingly assist the traveller and where possible attempt to limit the injuries and inconveniences to which the traveller is subjected. § 17 Failure in organiser’s performance The organiser’s performance is deficient, if 1) the package does not in terms of services and other arrangements correspond to what may be regarded as having been agreed, 2) the organiser has neglected to give the traveller the information mentioned in § 6, 7 or 8 and this may be assumed to have affected the traveller’s decision to enter into the contract, or 3) the organiser has neglected his duty in accordance with § 16 to assist the traveller. Such changes and omissions in organisation as are slight in relation to the entirety of the package and as the traveller might reasonably have expected in view of the destination or of the nature of the package are not however regarded as breaches of contract. § 18 Claims The traveller may not allege a breach of contract if he does not inform the organiser of the breach within a reasonable time after he has perceived, or should have perceived, the breach. Notwithstanding the provision of subsection 1, the traveller may allege a breach of contract if the organiser or some other trader upon whom the organiser has called has in performance of the contract acted dishonourably or with gross negligence. § 19 Remedying of failures The organiser shall at his own expense remedy the breach without delay. The organiser may however refuse to remedy the breach if remedying would cause unreasonable costs or inconvenience. If the organiser offers to remedy the breach in accordance with subsection 1, but the traveller would be occasioned substantial inconvenience thereby, the traveller may oppose remedying of the breach. § 20 Price reduction If the breach has not been remedied without delay at the organiser’s expense or if the breach cannot be remedied, the traveller is entitled to a price reduction which corresponds to the significance of the breach. § 21 Cancellation of contract The traveller is entitled to cancel the contract prior to the package, if the organiser substantially alters the package conditions, the package programme or other package arrangements or if the traveller has otherwise sound reasons for assuming that the organiser’s performance will be substantially deficient. The traveller is entitled during or after the package to cancel the contract, if accomplishment of the package proves to have been so deficient that the package does not fulfil the purpose for which it was originally intended. If the traveller has had benefit from the organiser’s performance, he shall pay the organiser compensation which corresponds to the value to him of that performance. If the traveller cancels the contract during the tour, the organiser shall at his own expense if necessary arrange transport home for the traveller. The transport shall be arranged to the place of departure or to an agreed place and the means of transport shall correspond to that originally agreed. § 22 Substitute package as alternative to cancellation If the traveller is entitled to cancel the contract, he may as an alternative demand of the organiser a new, similar package at the price which ha paid for the original package. If the contract is cancelled during or after the package, the organiser may however deduct from the price of the substitute package the compensation due under § 21, subsection 2. Furthermore, the provisions of § 13 shall apply. § 23 Compensation for damage The traveller is entitled to compensation for personal, material and property damage caused by a failure in the organiser’s performance if the failure or the damage is due to negligence on the part of the organiser or of some other trader whom the organiser has called upon in performance of the contract. In order to avoid liability for damage, the organiser shall prove that there was no negligence on his part. The traveller is also entitled in accordance with the principles mentioned in the first subsection to receive compensation for the fact that luggage cannot be used as a result of delay in its transportation, if it may be considered that the traveller has as a result of the length of the delay and other circumstances been inconvenienced by the delay. § 24 Determination of liability for damage in certain cases Notwithstanding the provision of § 23, the organiser's liability for compensation for damage occurring in transit shall be determined in accordance with the provisions concerning the transportation in question in the Finnish Maritime Code (674/1994), the Conveyance by Aeroplane Act (289/1937), the Air Transport Agreement Act (45/1977), the Air Transport Act (387/1986), the Railway Transport Act (1119/2000) or the Council Regulation (EC) No 2027/97 on Air Carrier Liability in the Event of Accidents, or in accordance with the terms of the Convention concerning International Carriage by Rail (COTIF, Treaty Series 5/1985) or the Convention for the Unification of Certain Rules for International Carriage by Air (Treaty Series/200 ). § 25 Limitation of liability for damage and reduction of compensation If the package contract is entered into principally for some purpose other than a private one, the organiser may in the contract conditions limit his liability for compensation for material and property damage. The limitation of liability must not be unreasonable in relation to the traveller. Compensation for damage may be adjusted, if it is unreasonable having regard to the traveller’s capacity for co-operation, the organiser’s capacity for anticipating and preventing the occurrence, of damage, and other circumstances.