General Terms & Conditions – Basecamp Explorer Spitsbergen AS
1. THE AGREEMENT (VALIDY)
Unless a separate agreement is made, this is a binding agreement between Basecamp Explorer Spitsbergen (hereafter referred to as the organizer) and customer, (as the booker). Otherwise, the regulations laid down in the Act on Package Holidays apply to those trips covered by the act, or the by-law on tourism and other travel activities on Svalbard applies.
2. BOOKING
When the organizer sends confirmation of the booking to the booker, the booking is considered to have been accepted unless the booker gives notice in writing immediately of deficiencies or errors in the booking. The event is definitely confirmed by the organizer on payment of a deposit of 40% of total price.
3. PAYMENT TERMS
On booking, 40% of total invoice price is invoiced to the booker. The remaining balance is invoiced approximately 8 weeks before the start of the event and must be paid 30 days before the event. Services /de1iveries from suppliers can be invoiced at 100%. If individual invoices for a group booking are required, a surcharge of NOK 250 will be charged per person or invoice.
4. CANCELLATION — GROUP EVENTS
A group event is a booking made by one person on behalf of other people, even when individual invoices are required for final settlement. Cancellation of group events must be made in writing to the organizer no later than 90 days before the start at a fee of NOK 800. On cancellation of an event between 90 and 30 days before the start date, 40% of total price will be charged. On cancellation 30 days or later before start date, the customer will be charged the full price. The airline’s terms and conditions apply to airline tickets that are bought through the organizer. Otherwise, the right to cancel is restricted to the same extent that the organizer’s right to cancel is restricted with respect to their contractors.
In the event of a force majeure situation at the destination of the journey or in its immediate surroundings in the last 14 days leading up to departure, no cancellation fee applies, in accordance with the Act on Package Holidays, item § 4-1. The organizer can provide cancellation insurance, cf. Act on Package Holidays § 4.3, at a cost of 5% of the total agreed price of the journey. This insurance is not required when the customer’s general travel insurance provides such protection, in accordance with travel insurance requirements in item 10.
5. REDUCED NUMBERS, ETC.
Up to 4 weeks before the start of the event, the number of travellers can be amended by up to 10%. If the numbers are reduced later than 4 weeks before arrival, the full price will be charged. It is possible to transfer the journey to another person who meets all the necessary conditions for participation, provided that the organizer is informed and that it is not in conflict with regulations the organizer must comply with. The person who transfers their booking is responsible for all payments, including extra costs associated with transfer and any liability for damages the customer encurs during the journey.
6. OTHER AMENDMENTS BY THE CUSTOMER
Amendment of activities or cancellation of activities can be made up to 60 days before the event for a fee of NOK 400 per amendment.
7. AMENDMENTS MADE BY THE ORGANIZER — LIMITATIONS ON THE ORGANIZER’S RESPONSIBILITY — FORCE MAJEURE
If the weather conditions, third parties or other circumstances cause delays or make it impossible to carry out the event as agreed, the organizer cannot be made liable for compensation. The decision whether it is possible to carry out the programme is made by the organizer. The organizer cannot be made financially responsible for flight delays, flight cancellations, airline strikes, weather and road conditions, fire or other circumstances beyond the organizer’s control. The event is considered to be delivered to the booker as agreed even when the booker does not turn up at the agreed time for reasons caused by a third party. The organizer will always strive to find alternative solutions within the financial framework, and available accommodation and activity resources available to the organizer at any given time.
8. BOOKER’S AND PARTICIPANT’S LIABILITIES FOR DAMAGES AND SETTLEMENTS
Booker will be liable for damages to buildings and fixed installations, contents, fixtures and fittings and effects, equipment and other gear. The booker will be
liable for unpaid invoices to participants in connection with the event. The booker and the participants are responsible for assessing whether they are physically and mentally fit to participate in the booked activities. The participants are obliged to follow instructions given by the tour guides. The organizer is not responsible for injuries and accidents caused by circumstances beyond the organizer’s control, cf items 7 and 10.
9. CLAIMS
If the booker makes claims regarding defective performance of the product,
these must be discussed with the organizer or their representatives at the first available opportunity. If the deficiency cannot lie rectified and the booker wants to make a claim, this must be done as soon as possible upon return home. Claims must be made in writing and no later than 1 month after the end of the event.
Both the organizer and the booker are obliged to settle disputes amicably, alternatively through a lawyer as mediator. The dispute can be brought before the complaints committee for conducted tours by the customer, if the criteria for this are met. Otherwise, normal regulations for legal venue apply. Any court case is regulated by Norwegian law. It is agreed that the correct legal venue is Nord-Troms court of arbitration.
10. INSURANCE
The organizer has liability insurance through Gjensidige insurance. The
organizer has provided a guarantee to the Governor of Svalbard for costs associated with rescue operations. The customer is responsible for taking out travel insurance before participating in the journey. Particular information for individual travellers: Individuals, couples or small groups, where payment is made individually on hooking hotel accommodation, day trips the following conditions apply in addition to those conditions outlined above. On booking later than 1 month before arrival, credit card information must be given, or payment made at the first opportunity.
11. CANCELLATION OF THE DAY TRIPS / ACTIVITIES AND HOTEL ROOM
Cancellations up to 22 days before the date are reimbursed in full.
Cancellations 22-7 days before the date are reimbursed by 50%.
Cancellations 7 days before date are not reimbursed at all.