Tourism Law in Europe

FINLAND | MIKKO LAAKSO 155 4. TOUR OPERATORS AND TRAVEL AGENCIES Among other members of the EU, Finland has implemented The Package Travel Directive9 into national legislation as of 1 July 2018. Most of the articles were implemented through the Act on Combinations of Travel Services (901/2017), which was supplemented with a Decree of the Ministry of Justice on information to be provided to travellers relating to combined travel services (181/2018). Chapter V of the Directive dealing with the insolvency protection was implemented with the Act on Providers of Combinations of Travel Services (921/2017) and the Act on the Supervisory and Insolvency Protection Fee Payable by Providers of Travel Service Combinations (922/2017). The task of the Finnish Competition and Consumer Authority (FCCA) is to secure the payments made by passengers for travel packages before the start of the trip. Compensation can be claimed in the event of the bankruptcy or insolvency of the tour operator who provided the guarantee. Fulfilling this task requires the FCCA to monitor the adequacy of the security of the tour operators who have provided a guarantee, the scope of operations and the invoicing policy in place. Apart from the obligation to lodge a security and register with the FCCA, acting as a tour operator or starting a travel agency does not require permits or licenses. Registering with the FCCA is not required if the tour operator or travel agent does not require that an advance payment is made and/or the package or combination of travel services does not include transport of any kind. As this leaves only a handful of actors outside of the scope, most of the Finnish tour operators and travel agencies are obliged to register with the FCCA and provide a security in the form of insurance or deposit. In addition to the requirements set in the harmonising Directive, all the actors must adhere to national consumer protection regulations. 9 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

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