We require that as a customer you have acquainted yourself with the terms and conditions that apply and the basis for the contract that has been drawn up between you as the customer and us as the organizer of the tour.
The terms and conditions govern the contractual relationship between Arctic Adventure (subsequently referred to as the Organizer) and the traveler (subsequently referred to as the Traveler) purchasing the package tour. The contract is concluded and performed in accordance with the Danish Package Travel Act (Act no. 1666 of 26/12/2017 relating to package travel and linked travel arrangements).
1. FORMATION OF THE CONTRACT
A contract concerning the purchase of a package tour between the Traveler and the Organizer is concluded and binding on both parties once the quotation has been accepted by the Traveler. It is a prerequisite that the travel services that together make up a package tour are purchased at the same time.
The quotation is accepted by the Traveler when the latter effects payment on the Organizer’s website. Prior to this, the Traveler will have indicated in a “tick” box that he has received and accepted these general terms and conditions.
In the case of individually tailored tours, the Organizer forwards a written quotation and these general terms and conditions to the Traveler. The Traveler shall accept the written quotation before the deadline stated in thequotation. In the event that the Traveler does not accept the quotation before this deadline, the Organizer shall no longer be bound by the quotation.
Provided that a clear declaration is given to the Traveler, the Organizer can regard the contract as not being concluded until the Traveler has paid the price of the tour on time or a deposit as specified in the contract. The Traveler shall have received these general terms and conditions prior to this point in time.
1.2 Travel documents
Following the formation of the contract, and without any undue delay, the Organizer shall forward the travel documents (e.g. a travel certificate, an order confirmation, an invoice and/or an itinerary) to the Traveler.
The forwarding of travel documents and other correspondence between the Traveler and the Organizer, including, but not limited to, alterations to the package tour, shall be carried out to an email address or other form of contact that the Traveler has used in connection with formation of the contract.
The Traveler is also obliged to disclose the necessary contact information, such that the Organizer can contact the Traveler both prior to and during the tour.
If the Traveler does not receive the travel documents within 72 hours, the Traveler must contact the Organizer immediately.
In the event that the Traveler has submitted an email address, the Traveler must check his or her spam filter first. The Traveler has an obligation to examine the forwarded travel documents and “practical information” (see sec- tion 4.3) on reception and to contact the Organizer immediately if any information is at variance with that agreed in the contract.
2. PRICE AND PAYMENT
The price of the package tour is a so-called “total price”, which means that it includes all mandatory taxes, duties and all other fees, costs and extras, if applicable, related to the services the Traveler has purchased from the Organizer.
At the destinations, local fees, admission fees and duties may be charged that cannot be taken into acount on formation of the contract, since these payments are directly related to local rules or to the use of extra services in addition to those specified in the contract.
The total cost of the package tour appears on the Traveler’s invoice. If alterations are made to the actual tour or the conditions of the tour that are attributable to the Traveler, this may result in changes to the price and further payment may thus be charged.
If the Traveler is in breach of his or her provisions of the contract with regard to payment, the Organizer has the right to cancel the contract. In such an event, the Organizer is entitled to payment of the amount that the Traveler would lose according to the rules in section 6.2 if the Traveler cancelled the tour on the date of the failure to effect payment.
3. CANCELLATION INSURANCE AND TRAVEL INSURANCE
The tour operator encourages the traveler to take out insurance to cover the traveler’s expenses upon termination of the agreement (cancellation insurance) or the cost of home transport etc. in case of accident, illness or death (travel insurance) and the terms of these insurance policies.
Please note that cancellation insurance may already be included in your annual travel insurance policies, credit card conditions, etc., and we therefore recommend that you check such policies prior to taking out sickness cancellation insurance.
4. THE TRAVELER’S GENERAL OBLIGATIONS
4.1 Passport, visa and health formalities (including vaccinations)
The Traveler must possess a valid passport that is valid for at least a further six months following the end of the tour, as well as the documents necessary for performance of the tour, including visa and certificate of required vaccinations.
It is the traveler’s own duty to investigate and seek to obtain visa and entry permit conditions. Arctic Adventure has no responsibility if travelers are rejected upon entry due to lack of visa or entry permit.
Greenland is not a member of Schengen, but is only embraced by the Schengen Information System. This means that a Schengen visa does not provide entry to Greenland. When applying for a Danish visa, persons from countries that require a visa must therefore clearly state that the visa must also be valid for Greenland.
EU citizens’ national ID cards cannot be used as identification on entry to Greenland. These citizens must have their passport with them.
Scandinavian citizens do not need to have their passport with them. However, they must bring photo ID pursuant to flight security rules.
Please refer to the Danish Immigration Service’s website www.nyidanmark.dk, where you can find more detailed information concerning countries that require a visa, visa rules, etc.
For journeys outside Europe, your passport shall normally be valid for at least a further 6 months following your return home. In the case of journeys to the USA, advance registration must be carried out at esta.cbp.dhs.gov. Arctic Adventure assumes no liability for failure to produce a valid passport, necessary visa or entry permits.
4.2 Disabled persons
The Organizer’s tour documents will specify whether the tour is suitable for disabled persons with mobility problems. Furthermore, prior to formation of the contract, the Traveler can request the provision of more detailed information concerning the suitability of the tour in relation to the Traveler’s needs. It is a prerequisite for such a request that the Traveler provides all necessary information concerning his or her needs.
4.3 Names on travel documents
The Traveler is responsible for the names that appear on his or her travel documents and bookings being identical to the full name that appears in the Traveler’s passport. If the Traveler discovers inconsistencies between the travel documents and his or her passport, the Traveler must immediately inform the Organizer to this effect, who will then make efforts to remedy the error. If the discrepancy is attributable to the Traveler, any related expenses shall be defrayed by the Traveler. If remedial action is not possible, the Traveler cannot hold the Organizer liable.
Late showing. If the Traveler does not reach a satisfactory solution with the supplier, the Traveler must contact the Organizer. In the event that the Traveler does not contact the supplier and/or the Organizer respec- tively, the booking will be cancelled by the supplier, and the Traveler will not be able to use the booking or be entitled to a refund.
In the event that flight tickets are part of the package tour, these must be used in the correct order. If the Traveler does not use the flight tickets in the correct order, the airline will cancel the remaining flights.
The Traveler will therefore be unable to use individual sections of a tour, e.g. the Traveler will not be able to use the flight home.
The Traveler must have completed check-in, if applicable, in accordance with the times and locations stipulated in the itinerary or other clearly specified times or locations for latest check-in on outward and homeward journeys. The Traveler is responsible for drawing attention to themselves in the queue if the Traveler can see that they will be unable to complete check-in within the stipulated times.
The Traveler must remain up-to-date on homeward journey times in good time prior to the homeward flight and be aware of whether any changes to the time of the homeward journey stated in the travel documents have been carried out or announced.
Notification of such changes will be given to the Traveler individually or by notification posted at a previously agreed point by either the Organizer, representatives of the Organizer or the Organizer’s sub-suppliers.
The Traveler must keep himself regularly updated on departure points and times for the means of transport included. This can involve, for example, keeping an eye on the departure screens immediately after arrival at an airport and contacting airport personnel in the event of any doubt as to which terminal or gate the flight is due to depart from. Changes to terminals and gates often take place beyond the scope of the Organizer’s control. The Traveler cannot make any claims against the Organizer in such circumstances.
4.4 Rules and regulations
The Traveler must comply with the rules and regulations that apply to all of the package tour’s sub-suppliers, such as hotels, airports, means of transport, etc.
The Traveler must thus act in such a way that his behavior does not inconvenience or cause a nuisance to his or her fellow Travelers. In flagrant or repeated cases, inappropriate behavior can lead to the Traveler being excluded by the Organizer or its representatives from further participation in the tour. In such cases the Traveler is responsible for his or her own transport home and any expenses resulting from this. In the event of exclusion from the tour, the Traveler is not entitled to receive any form of refund of the price of the package tour.
The Organizer is not responsible with regard to the exercise of public authority, including, but not limited to, the in- tervention/action of the police with respect to the Traveler in connection with any inappropriate behaviour by the Traveler. In such situations, the Traveler is liable for any expenses that may be imposed on him or her, in addition to which the Traveler cannot make any claim against the Organizer; nor will the Traveler be entitled to a refund of the price of the package tour.
4.5 Failure to comply
If the Traveler fails to comply with the requirements concerning passport, visa, health formalities, specification of correct name on travel documents and inspection hereof, the rules concerning late showing and other rules and regulations, the Traveler cannot make any claims against the Organizer, the retailer or the sub-supplier of the package tour for the consequences, lack of conformity, inconvenience or losses which result from failure to comply with the Traveler’s general obligations.
5. ALTERATIONS TO THE CONTRACT
5.1 Transfer of the package tour
The Traveler can transfer the package tour to another person for a fee of DKK 2000. Notification of transfer of the package tour must be given to the Organizer on a durable medium no later than 7 days prior to the start of the tour. Notification after this time will result in the Traveler losing the right to transfer the package tour.
Transfer of the package tour can only take place if the person to whom the package tour is transferred meets the necessary terms and conditions for performance of the tour, including passport, visa and health requirements, as specified by the Organizer on formation of the contract.
The option of transferring the package tour can be restricted in whole or in part by the Organizer in the event that this proves to be impossible as a consequence of the sub-supplier’s terms and conditions. Restrictions in terms of transferring the package tour can be stated by contacting the tour Organizer. In connection herewith, the Traveler’s attention is drawn to the fact that the vast majority of flight tickets that make up package tours cannot be changed or refunded once they have been booked (“non-refundable” tickets).
The transferor of the package tour and the person to whom the package tour is transferred are jointly and severally liable for payment of any outstanding amounts and costs as a result of the transfer
5.2 Price changes
After formation of the contract, the Organizer can make changes to the agreed price for the package tour in the event that changes have occurred to:
- – the price of carriage of passengers as a result of expenses for fuel or other power sources,
- – taxes, duties or fees for the package tour’s travel services that are imposed by third parties not directly involved in the performance of the package tour,
- – currency exchange rates that have substantial significance for the package
The calculation of these changes is carried out in accordance with the examples outlined below:
When you book online, a full payment is charged to you through your credit card. All the payments are charged in Danish Kroner. One our website, you can view the estimated prices in different currencies. Please note price in other currencies other than Danish Kroner is only estimated. The final payment will always be conducted in Danish Kroner. The refund is also in Danish Kroner. Arctic Adventure ApS is not liable to any loss in currency exchange during transactions. Foreign currencies that are used for calculation of the price of the package tour will appear on the invoice with specification of the currency, its exchange rate and the date of the specified exchange rate.
In the event of changes to the price of the tour, the Organizer shall notify the Traveler of any price increases or decreases.
Notification must take place on a durable medium no later than 20 days prior to departure. The price may be in- creased by a maximum of 8 % of the package tour’s price. If the price increase is higher than 8 % of the price of the package tour, the Traveler shall be entitled to terminate the contract.
If the price falls as a result of changes to the above conditions, the Traveler has a right to a reduction in price that corresponds to the decrease in price resulting from such changes. In this case, the Organizer is entitled to deduct administrative costs from the refund paid to the Traveler.
5.3 The Traveler’s alterations to the package tour
In the event that the Traveler wishes to make alterations to the package tour, he must contact the Organizer as soon as possible. If it is possible to make alterations to the package tour, the Traveler must defray the extra expenses resulting from any alterations. The Organizer is not obliged to carry out alterations to the package tour.
In the event that the Traveler wishes to make alterations that the Organizer cannot satisfy in the existing contract, the alteration – if the Traveler insists on making alterations to the package tour – will be regarded as a cancellation of the package tour, cf. section 6.2, and a new booking.
5.4 The Organizer’s alterations prior to the start of the package tour
5.4.1 Immaterial alterations
The Organizer has the right to carry out immaterial alterations to the package tour prior to the start of the package tour without liability and without the Traveler’s consent. The Traveler is obliged to accept such alterations if the Organizer informs the Traveler without undue delay of the alterations in question in a clear and comprehensible manner prior to the start of the package tour.
5.4.2 Other alterations.
If, prior to the start of the package tour, the Organizer either:
- • carries out significant alterations to the package tour,
- • or cannot deliver certain services which the Traveler has requested and the Organizer has accepted to deliver,
- • or increases the price of the package tour by more than 8 % the
Traveler then has the following rights:
- • the Traveler can terminate the contract and get a refund of the amount paid concerning the tour,
- • or, if offered by the Organizer, the Traveler can take part in a substitute trip.
The Organizer is obliged to contact the Traveler and notify him or her without undue delay of any significant alterations, as well as any significance that such alterations may have with regard to the price of the package tour.
The Organizer stipulates a reasonable deadline as to when the Traveler must notify the Organizer of his or her decision, as well as providing notification that the consequence of not meeting this deadline is that the Traveler is deemed to have accepted the alterations covered by 5.4.2.
In certain circumstances, the Traveler may be entitled to compensation if an economic loss is suffered due to the significant alterations outlined above, unless the reason for these alterations is due to unavoidable and extraordi- nary circumstances.
6. TERMINATION OF THE CONTRACT:
6.1 Right of withdrawal
No right of withdrawal applies to the purchase of package tours, cf. section 18, subsection 2, no. 1 and section 7, subsection 2, no. 5 of the Danish Consumer Protection Act, which exempts personal carriage from the scope of the Danish Consumer Protection Act.
6.2 Cancellation of the package tour
6.2.1 Standard cancellation terms
The Traveler can cancel the package tour prior to the start of the package tour pursuant to the standard cancellation terms outlined below, unless the Organizer has specified in writing prior to formation of the contract that cancellation will take place according to an individual calculation of the cancellation fee, corresponding to the price of the package tour less the cost savings and any income from alternative deployment of the cancelled travel services.
For package tours (multi-day tours):
- • Cancellation fee of 20% is charged if cancelled more than 60 days prior to departure
- • Cancellation fee of 50% is charged if cancelled between 60 days and 46 days prior to departure
- • Cancellation fee of 75% is charged if cancelled between 45 days and 31 days prior to departure
- • Cancellation fee of 100% is charged if cancelled within 30 days prior to departure
For excursions in Greenland:
- • Cancellation fee of 0% is charged if cancelled more than 30 days before the excursion
- • Cancellation fee of 35% is charged if cancelled between 30 days and 15 days before the excursion
- • Cancellation fee of 50% is charged if cancelled between 14 days and 8 days before the excursion
- • Cancellation fee of 100% is charged if cancelled within 7 days before the excursion
For excursions in Iceland:
If the day tour is cancelled by the customer, the cancellation policy and refund is stated as follows:
- • Cancellation fee of 0% is charged if cancelled more than 3 days before the excursion
- • Cancellation fee of 100% is charged if cancelled within 3 days before the excursion
6.2.2 Cancellation in the event of acts of war, etc.
The Traveler can cancel a package tour prior to the start of the package tour without incurring any cancellation fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or in the immedi- ate vicinity hereof that significantly affect the performance of the package tour or the carriage of passengers to the destination.
In order for the Traveler to be able to cancel without incurring a cancellation fee, the unavoidable and extraordinary circumstances in question must make it impossible from an objective standpoint to travel safely to the destination, e.g. on the basis of travel advice or declarations from the Ministry of Foreign Affairs of Denmark, the health authorities, etc. See www.um.dk and www.ssi.dk.
In the event of cancellation without a fee, the Traveler is entitled to a full refund of the price of the tour, but does not have the right to additional compensation from the Organizer.
The right of cancellation without a fee does not apply, however, if, at the time of formation of the contract, the customer knew of or should have known of the event concerned or the event was otherwise general knowledge. If the Traveler cannot cancel the tour without a fee pursuant to the above, general cancellation rules apply, cf. section 6.2.
For circular tours, the Traveler only has the right to cancel the part of the package tour that takes place in the area in which travelling is precluded. If this part of the package tour represents a significant part of the package tour, however, the Traveler has the right to cancel the tour.
6.2.3 Date of refund and calculation of cancellation fee
Refunds according to sections 6.2.1 and 6.2.2 must take place no later than 30 days after the Traveler’s cancellation of the package tour, and, as such, calculation of the fee in the event of individual cancellation is thus also carried out at this time in correlation with the possibility of the redeployment of the cancelled travel services.
6.3 Organizer’s termination
6.3.1 Termination due to lack of participants
If the performance of the tour is dependent on a minimum number of participants, this provision will appear in the Organizer’s tour material or elsewhere in the basis of the contract. The minimum number of participants required, or a minimum load factor required before the tour is held will also be stipulated, as well as the latest point in time at which this figure has to be achieved prior to the start of the package tour.
If the necessary number of participants is not reached before the stated time, the Organizer can terminate the contract concerning the package tour without any liability. The Organizer shall inform the Traveler of the termination of the contract prior to the deadline stipulated in the contract, though no later than
- • 20 days prior to the start of the package tour if the tour is due to last more than six days,
- • 7 days prior to the start of the package tour if the tour is due to last between two and six days, or
- • 48 hours prior to the start of the package tour if the tour is due to last less than two days
For excursions and optional activities
- • Arctic Adventure ApS reserves the right to cancel or reschedule the tour with a short notice due to less participants. For tours cancelled by Arctic Adventure ApS under this situation, customers will get a 100% refund.
6.3.2 Termination due to unavoidable and extraordinary circumstances
The Organizer can also terminate the contract concerning a package tour without liability if the Organizer is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and the Organizer notifies the Traveler of the termination of the contract without undue delay and prior to the start of the package tour.
In the above situations, the Traveler shall have the amount paid for the tour refunded no later than 14 days after the termination of the contract, and the Traveler shall not be entitled to any claim for compensation.
For excursions and optional activities
- • Arctic Adventure ApS reserves the right to cancel or reschedule the tour with a short notice due to weather conditions or other unpredictable situations. For tours cancelled by Arctic Adventure ApS under this situation, customers will get a 100% refund.
7. COMPLAINTS AND CLAIMS:
If a lack of conformity is discovered after the start of the tour – en route or at the travel destination – the Traveler must immediately make a complaint to the Organizer, its representative at the travel destination or to the sub-sup- plier which the lack of conformity concerns.
If the Organizer’s representative or sub-supplier cannot or will not remedy or – in the opinion of the Traveler – does not satisfactorily remedy the lack of conformity, the Traveler must make a claim directly to the Organizer. The Traveler must make sure that the claim is noted by the Organizer’s employees and/or sub-suppliers on site – e.g. by means of a notice in a hotel book or in another written form. Furthermore, the Traveler should make sure a receipt of the claim is made available.
If the Traveler does not make a claim as described above, this will have consequences for the Traveler’s right to subsequently make a claim for the lack of conformity concerned and to receive compensation.
8. LIMITATIONS CONCERNING THE ORGANIZER’S LIABILITY FOR DAMAGES:
Airline companies have direct responsibility for ensuring the correct performance of transport according to the Warsaw and Montreal Conventions, EU Regulations 889/2002 and 261/2004, as well as the Danish Air Navigation Act.
The Organizer limits its liability to the limits on amounts applicable at any time that appear in the Warsaw and Montreal Conventions (air transport), the Athens Convention and EU Regulation 392/2009 (maritime transport) and the COTIF Convention and EU Regulation 1371/2007 (railway transport). The Organizer’s liability for damages cannot therefore exceed the amount that applies to the carriers that have direct responsibility for carriage.
The applicable SDR rate (XDR) can be found at www.nationalbanken.dk
The limits on maximum damages pursuant to the Warsaw and Montreal Conventions are set as follows:
- • In the event of death or injury to the passenger: 113,100 SDR – provided that the airline can prove that it has not acted negligently or incorrectly, or provided that the incident was not caused by the negligent or incorrect conduct of a third party
- • In the event of damages caused by delays to personal transport: 4,694 SDR
- • In the event of destruction, loss, damage or delay of baggage: 1,131 SDR
- • The limits on the maximum damages pursuant to the Athens Convention and EU Regulation 392/2009 are set as follows:
- • In the event of death or injury to the passenger: 250,000 SDR to 400,000 SDR – depending on the reason for injury and the carrier’s demonstrated blame
- • In the event of destruction, loss or damage of hand baggage: 2,250 SDR
- • In the event of destruction, loss or damage of vehicles, including baggage in or on the vehicle: 12,700 SDR – the carrier is only liable for damages as a result of an error or failure on its part
- • In the event of destruction, loss or damage of baggage other than hand baggage and vehicles: 3,375 SDR So-called “valuables” are not compensated according to the set of
The limits on maximum damages pursuant to the COTIF Convention and EU Regulation 1371/2007 are set as follows:
- • In the event of death or injury to the passenger: 175,000 SDR
- • In the event of loss or damage to items: 1,400 SDR
- • In the event of full or partial loss of a vehicle: 8,000 SDR
- • In the event of damage to items left in the vehicle: 1,400 SDR – the carrier is only responsible for damage caused by an error or failure on its part.
9. FILING OF CLAIMS AFTER THE END OF THE TOUR:
Claims for damages and/or proportional reduction in the price of the tour – as a result of a lack of conformity for which complaints have been correctly filed, but which have not been remedied by the Organizer – must be filed against the Organizer within a reasonable period after the conclusion of the tour. If this is not done, the Traveler will lose the right to claim damages against the Organizer.
The Traveler can submit a claim to Arctic Adventure by email: firstname.lastname@example.org
10. OFFSETTING AMOUNTS WHEN PAYING OUT DAMAGES AND/OR COMPENSATION
When submitting a claim to the Organizer, the Traveler must state whether the Traveler has also claimed dam- ages or compensation from the carrier on the basis of EU regulations concerning passenger rights and liability for damages in terms of passenger transport and according to the international conventions that also regulate this area. In the event that the Traveler has received damages and/or compensation from the carrier, the Organizer has the right to offset damages and/or compensation according to the Danish Package Travel Act against the dam- ages and/or compensation that the Traveler has received from the carrier.
11. VENUE AND CHOICE OF LAW:
If agreement concerning a claim for damages and/or indemnity cannot be reached by means of a complaint to the Organizer or retailer, the Traveler can present the complaint to the Package Travel Appeals Board, Røjelskær 11, 3. sal, 2840 Holte.
The Package Travel Appeals Board’s website is www.pakkerejseankenaevnet.dk
Complaints to The Package Travel Appeals Board can also be submitted via the European platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. The Organizer’s email address for use in this case is: email@example.com
The Organizer is – as a result of its membership of the Association of Danish Travel Agents and Tour Operators – obliged to follow any rulings from the Package Travel Appeals Board, unless the association’s board grants dispensation from this requirement because there is a wish to have the ruling brought before a Danish court, cf. the association’s articles of association.
All disputes and disagreements that arise or stem from a given contract’s origin and/or fulfilment and which can- not be resolved between the parties alone or through the Package Travel Appeals Board must, if the parties wish to refer the case, be brought before the Danish national court for a final decision and will be subject to Danish law, unless otherwise determined by Rfor. 1215/2012 and the Rome Convention of 1980.
12. GUARANTEE IN THE TRAVEL GUARANTEE FUND
In the event of bankruptcy, the Organizer has provided security for refund of the Traveler’s payments at:
The Travel Guarantee Fund
Røjelskær 11, 3. sal
Arctic Adventure has the member number 1535.