Travel agency decree (366/1995)

Unofficial translation
Issued on 17 March 1995.

Upon presentation by the Minister in charge of affairs falling within the domain of the Ministry of Trade and Industry, it is hereby provided on the basis of the Travel Agency Act of 28 November 1994 (Statute No. 1080/1994) as follows:

§ 1
Particulars to be entered in the Register of Package Travel Traders

The following particulars shall be entered in the Register of Package Travel Traders:
- a private trader’s full name, postal home address and citizenship, his business name and auxiliary business name, if any, as well as his Trade Register number and postal business address,
- a Finnish association’s or foundation’s business name and auxiliary business name, if any, as well as its Trade Register number and postal business address,
- for a foreign trader’s branch registered in Finland, its business name, Trade Register number and postal business address,
- whether the package travel trader acts as a package travel organiser, a travel agent or both,
- whether the trader offers for sale directly to consumers transportation by charter flight,
the foreign package travel organiser for whose account the travel agent negotiates contracts for package travel,
- the code and date of registration, and
- the reason for and date of removal from the Register.

2. Particulars of package travel traders removed from the Register shall be preserved for at least three years from the date of removal.

3. The Finnish Consumer Agency issues against payment of a prescribed fee extracts from the Register of Package Travel Traders.

§ 2
Notifications for entry in the Register

1. Notifications under § 4 of the Travel Agency Act (1080/1994) shall be made in writing by using the form prescribed by the Finnish Consumer Agency.

2. In making a notification, the prescribed fee shall be paid. A notification will not be considered made until the fee has been paid.

§ 3
Contents of a notification

1. The notification to be made for entry in the Register before package travel trading is commenced shall set out the particulars required in § 1 subsection 1, points 1 to 6. The notification shall be accompanied by an extract from the Trade Register and, for assessment of the amount of the security required by the Travel Agency Act, an adequate description of the activities to be carried on.

2. A notification of amendment of any particulars entered in the Register is governed, mutatis mutandis, by subsection 1 above.

3. Where an amendment of particulars already in the Register bears on the ceasing of package travel trading, the notification concerned shall be accompanied by a statement of any demands for and obligations of compensation based on the security which has to be lodged under chapter 3 of the Travel Agency Act.

§ 4
Persons responsible for making a notification

1. The making of a notification for the Register is the responsibility of the persons referred to in § 15, subsection 1, of the Trade Register Act. If the notification bears on amendment of particulars already in the Register, the obligation concerns, in addition, the persons referred to in § 15, subsection 2, of the same Act.

2. A notification shall be signed by one of the persons responsible for making it.

§ 5
Supplementing a notification

1. Should a notification or any document appended to it be deficient or should the registration be prevented by some other circumstance, the Finnish Consumer Agency shall invite the notifying party to state his or its opinion or take necessary steps within a period not shorter than two months under the threat that the matter otherwise becomes void.

2. Should there still exist an obstacle to registration after the invited opinion has been given, registration shall not be performed. The Finnish Consumer Agency may nevertheless, if it is found appropriate to do so, repeat the invitation.

§ 6
Acceptability of a security

Acceptable as securities required under chapter 3 of the Travel Agency Act are:

1. such a guarantee or insurance provided by a credit institution or an insurance company as will not, subject to an express condition, cease to apply before at least three months have elapsed from the date on which the Finnish Consumer Agency received from the provider of the security a notification of the termination of the security, and as provides for a period of at least three months from the termination of the period of validity of the security for any demands to be presented, or
some other letter of surety of equivalent safeguarding power and enforceability.

2. The provider of a security envisaged in subsection 1 above shall be domiciled within the European Economic Area.

§ 7
Exemption from obligation to lodge a security

1. The Finnish Consumer Agency may upon a separate application wholly or partly exempt a package travel trader from his obligation to lodge a security if
- no advance payments will be charged within the package travel trading to be carried on, or if only a minor payment is to be charged before the completing of the package, or
- the package will involve neither any transportation nor, in the event of the package travel trader’s insolvency, any risk of the package being interrupted.

2. When exemption is applied for under subsection 1 above from the obligation to lodge a security, the application shall specify the circumstances on which the exemption would be based.

§ 8
Accounting

1. A package travel trader who is required to lodge a security for packages that he is to organise or sell to destinations situated abroad shall have an accounting system which indicates as advance payments any instalments paid by consumers in booking their packages as well as any final instalments of the inclusive price.

§ 9
The Advisory Committee on Package Travel

1. The Ministry of Trade and Industry appoints for three years at a time a person from within the Ministry to act as the chairman of the Advisory Committee on Package Travel operating in connection with the Finnish Consumer Agency, and five other persons to act as members of the Committee. The Ministry appoints one of the members to act as the vice-chairman of the Committee. In the same way, alternates are designated for the chairman and each member. The members of the Committee shall be well versed in matters concerning package travel trading.

2. The Advisory Committee on Package Travel has a quorum when its chairman or vice-chairman and at least three other members are present.

3. The Advisory Committee on Package Travel shall monitor the development of package travel trading, and it may make proposals and motions for the development of laws and administration within the field. The Committee may hear experts. It may also give opinions to the Ministry of Trade and Industry and to the Finnish Consumer Agency.

§ 10 - Entry into force

1. This Decree enters into force on 1 July 1995.

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