It is conclusive in terms of the liability of the company whether the company shall be considered as a retailer as intended in section 3, subsection 2 of the Package Travel Act. The court states that a contract agreed between traders is not relevant when evaluating the relationship between a traveler and a trader. The traveler has been able to buy only a tour which has been defined in advance and which has been able to book through a link on the defendant’s website. The defendant shall be considered as a retailer as intended in the Package Travel Act. According to section 5 of the Package Travel Act, the retailer is not liable for fulfilling the contract in the same manner as the travel agent if the travel agent has a place of business in Finland and if the traveler has been aware of it and its effects to traveler’s rights when concluding the contract. The travel agent does not have a place of business in Finland and therefore the defendant is liable for returning the money that the traveler has spent to his tour.
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