Unofficial translation In accordance with an Act of Parliament be it hereby enacted as follows: Chapter 1 General Provisions § 1 Right to engage in package travel trading Package travel trading may be carried on by such natural and juristic persons and foreign associations and foundations with a registered branch in Finland as are registered as package travel traders in accordance with this Act. § 2 Definitions For the purpose of this Act the following definitions apply: 1) package travel trading: arranging, offering for sale or procurement of packages which fall within the scope of the Package Travel Act (1079/94), 2) organiser: a package travel trader who plans and brings about packages and who offers them for sale either directly or through the mediation of another trader, 3) travel agent: a package travel trader who on behalf of the organiser negotiates a package travel contract, and 4) traveller: one who has entered into a contract for a package with a package travel trader 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 a package travel trader. The provisions in this Act relating to organisers are also applicable to such traders as on their own account offer for sale packages which are arranged by another. If someone offers for sale directly to consumers transportation by charter flight, this has equal status in this Act with the organising of packages. One who offers such packages for sale has equal status with an organiser. Chapter 2 Registration and its legal effects § 3 Register of package travel traders The Finnish Consumer Agency maintains a register of those who engage in package travel trading (Register of package travel traders). Everyone is entitled to obtain information about what is entered in the Register. The information which is to be entered in the Register is subject to the provisions of an Order. § 4 Registration and notification of changes One who intends to engage in package travel trading shall make an application therefore to the Finnish Consumer Agency for entry in the Register. The content of the application is subject to the provisions of a decree. Changes in the information which is entered in the Register shall be notified without delay to the Finnish Consumer Agency. § 5 Prerequisites for registration The Finnish Consumer Agency shall register an applicant under § 4 subsection 1 as a package travel trader, if 1) the applicant is entitled to carry on trade in Finland, and 2) the applicant has fulfilled his obligation under this Act to lodge a security. § 6 Legal effects of registration Registration gives the right to engage in package travel trading as an organiser, a travel agent or both depending upon what is determined when the decision concerning registration is taken. Only a registered package travel trader may, for the purpose of indicating the nature of his activity, use in his trading name or elsewhere the designation travel agency or package travel trader. § 7 Removal from the register The Finnish Consumer Agency shall remove a package travel trader from the Register if the prerequisites for registration as stipulated in § 5 no longer exist or if the registered person has ceased to trade. A package travel trader shall be given the opportunity to be heard before he is removed from the Register. Chapter 3 Security § 8 Lodging of security An organiser shall, in case he should become insolvent, lodge with the Finnish Consumer Agency an approved security, which ensures 1) return transportation of travellers, if transportation is included in the contract, 2) accommodation of travellers at the destination until return transportation, if accommodation is covered in the contract, and 3) compensation to the consumer for advance payment when the package is cancelled or for that part of the price which corresponds to the cancelled part of the package when the package is interrupted. The obligation to lodge a security lies also with an agent who acts on behalf of a foreign organiser who has not himself lodged a security in accordance with this Act. The agent shall then lodge a security against the event of both his own and the principal’s insolvency. § 9 Exemption from obligation to lodge a security Exemption from the obligation to lodge a security may be granted in accordance with further provisions in a decree, if in view of the nature and scope of the package travel trading it is not considered necessary. The Finnish Consumer Agency shall decide whether an exemption should be granted. The Finnish Consumer Agency may revoke an exemption if the circumstances upon which the exemption was based have altered substantially. § 10 Acceptable security An acceptable security includes a guarantee, some other letter of surety or insurance 1) the amount of liability of which may be judged to suffice for the obligations set out in § 8 subsection 1 and 2) which, as soon as a package travel trader has been declared bankrupt or the Finnish Consumer Agency has otherwise established that a package travel trader is insolvent, may at the request of the Finnish Consumer Agency be utilised for fulfilment of a payment obligation which the security covers. Further provisions may be made concerning the acceptability of the security by a decree. § 11 Use of security If the security is not adequate for all of the obligations set out in § 8 subsection 1, the claims shall be met in the order stipulated in § 8 subsection 1. A decision concerning the use of a security shall be taken by the Finnish Consumer Agency. The Finnish Consumer Agency shall specify a date before which the traveller shall demand that the security shall be used for payment of his claim. § 12 Obligation to notify of changes which affect the security One who engages in package travel trading shall without delay notify the Finnish Consumer Agency of such changes in the nature or scope of his activity as may affect the obligation to lodge a security or the approval of the security. Chapter 4 Supervision and enforcement measures § 13 Supervision The Finnish Consumer Agency and, on the Finnish Consumer Agency’s instructions, the provincial administrations and the police authorities shall monitor observance of this Act and of the provisions and regulations which are issued in pursuance hereof. One who engages in package travel trading shall upon request give the supervisory authority all of the documents, data and other information which are required for supervision. § 14 Enforcement measures If one who engages in package travel trading without having been registered as a package travel trader, or if one who engages in package travel trading without having lodged a security, engages in activity for which a security is required, the Finnish Consumer Agency may prohibit the trader from containuing this activity. If the security lodged by a package travel trader can no longer be accepted, the Finnish Consumer Agency may request that the trader lodge a new security within a specified time. If the new security is not lodged within the specified time, the Finnish Consumer Agency may prohibit the trader from continuing to engage in the activity for which the security is required. If a package travel trader neglects an obligation in accordance with § 12, § 13 subsection 2 or § 16, the Finnish Consumer Agency may request that the trader fulfil his obligation within a specified time. The Finnish Consumer Agency may impose a fine to reinforce a prohibition or a request as intended in this paragraph. § 15 Transfer of information classified as secret Without prejudice to separate provisions concerning commercial or professional secrets, the supervisory authority is entitled to pass on information which is covered by the duty of secrecy to another authority for supervisory purposes and to prosecuting and investigating authorities for investigation of a crime or bringing of an action. Chapter 5 Special provisions § 16 Accountant and accounting A package travel trader who is liable to lodge a security and who arranges or procures packages abroad shall have an accountant or firm of accountants approved by the Central Chamber of Commerce or by a Chamber of Commerce. The particulars sent to the Finnish Consumer Agency shall upon request be accompanied by a statement by an accountant as mentioned in subsection 1. A package travel trader as intended in subsection 1 shall so arrange his accounting that the information which is required for assessment of the amount of the security may be obtained therefrom. Further provisions concerning accounting shall be issued by decree. § 17 Penal provisions One who, intentionally or through gross negligence, 1) without having been registered as package travel trader, engages in package travel trading for which no security is required or uses the designation travel trader, or, 2) without having lodged a security, engages in package travel trading for which a security is required, or gives the Finnish Consumer Agency incorrect information concerning a circumstance which affects the need for a security or approval of a security or who fails to declare such a circumstance and thereby impairs the traveller’s economic security, shall, in the absence of a more stringent penalty contained in some other Act, be subject to the imposition of a fine for a package travel trading offence. If the action mentioned in subsection 1, point 2 is in light of the economic advantage thereby sought, and of other circumstances judged as a whole, deemed to be serious, the offender shall, in the absence of a more stringent penalty contained in some other Act, be subject to the imposition of a fine or sentenced to imprisonment of not more than six months for a package travel trading crime. An offence referred to in subsection 1 need not be notified if the offence was minor and the matter has been remedied without delay. One who contravenes a prohibition or fails to comply with a request which has been issued in pursuance of this Act and which has been reinforced with a fine may not be sentenced for the same offence. § 18 Application for alteration In a decision which the Finnish Consumer Agency has communicated in pursuance of § 14 and which involves the imposition of a fine, a change may not be sought separately by appeal. A decision which the Finnish Consumer Agency has communicated in pursuance of §§ 7 and 9-11 shall be observed even if it is appealed, unless the appeal authority determines otherwise. § 19 Delegation Attached to the Finnish Consumer Agency is a package travel delegation, which is an advisory body in matters which involve the activity of package travel traders. Further provisions concerning the delegation’s composition, competence and terms of reference shall be issued by decree. Chapter 6 Commencement and transitional provisions § 20 Entry into force This Act enters into force on 1 July 1995. This Act supersedes the Travel Agencies Order (442/68) of 9 July 1968, together with amendments. A trader who has been granted a trade licence in pursuance of the superseded Travel Agencies Order and who at the time of commencement of this present Act is engaged in activity which falls within the scope of the Act is subject to the provisions of §§ 1, 2 and 5a, of § 10 subsection 3, of §§ 13-18 and 20-23 and of § 25 subsection 1 of Travel Agencies Order until the trader has been entered in the Register of Package Travel Trades, but not for longer than one year from the time when this Act enters into force. Registration may be processed before the Act enters into force, and one who applies may be registered as a package travel trader when this Act enters into force. § 21 Transitional provisions One who has been granted a trade licence under the superseded Travel Agencies Order and who at the time of commencement of this present Act is engaged in activity which falls within the scope of the Act shall under threat of forfeiture of the trade licence apply for registration in accordance with § 4 of this Act within three months from the date of commencement of the Act. A trader other than as intended in subsection 1 who at the time of commencement of this present Act is engaged in activity which falls within the scope of the Act and who has made an application for registration in accordance with § 4 of this Act within six months from the date of commencement of the Act may continue his activity until a decision concerning entry into the Register has been taken. One who at the time of commencement of this Act issuing the designation travel agency may not withstanding § 6 subsection 2 continue his activity under his previous name.