Case law

  • Case Details
    • National ID: L16/11531
    • Member State: Finland
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 30/11/2016
    • Court: District Court of Helsinki
    • Subject:
    • Plaintiff: The Consumer Ombudsman (on behalf of a traveler)
    • Defendant: Top 10 Travel Service OÜ
    • Keywords: consumer, organizer, package travel, retailer
  • Directive Articles
    Package Travel Directive, link
  • Headnote
    A company is considered as a retailer, if it markets tour gift vouchers on behalf of a travel agent.
  • Facts
    The defendant has marketed tour gift vouchers online on behalf of the travel agent called Go International AS. Travel agent’s registered office is located in Norway and it does not have any branches in Finland. The travel agent had gone bankrupt and the plaintiff claims the defendant to return the money that the traveler has spent to his tour which was never organized by the travel agent.

    The defendant demanded the court to dismiss the plaintiff’s action. The defendant has only marketed the said gift vouchers but not taken part to their processing. Travelers were advised to contact the defendant in the booking confirmation and the defendant had always forwarded the traveler’s message to the travel agent.

    It appeared from the contract agreed between the travel agent and the defendant that the defendant does not retail tours but it only sold the gift vouchers.
  • Legal issue
    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.
  • Decision

    Is a company considered as a retailer, if it only markets tour gift vouchers on behalf of a travel agent?

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The court orders the defendant to return the money to the plaintiff as demanded in the plaintiff's claim.