Terms & Conditions
General Terms & Conditions for services with
Basecamp Explorer Spitsbergen
Private / Groups / Bespoke
The general terms of Basecamp Explorer Spitsbergen AS (herafter referred to as BES) are based on ‘The Package Tour Act’ of June 15, 2018 No. 32 and ‘General Terms for Package Travel’ of 01.07.2018 (prepared by The Norwegian Travel Trade Association and the ombudsman for Norwegian consumers). Please note that the terms, which may be affected by new EU directives concerning package tours, may be subject to alteration.
The general terms of Basecamp Explorer Spitsbergen AS (herafter referred to as BES) are based on ‘The Package Tour Act’ of June 15, 2018 No. 32 and ‘General Terms for Package Travel’ of 01.07.2018 (prepared by The Norwegian Travel Trade Association and the ombudsman for Norwegian consumers). Please note that the terms, which may be affected by new EU directives concerning package tours, may be subject to alteration.
1. What is covered by the agreement between the traveller and BES
The agreement covers complete events on Svalbard (hereafter referred to as Products) and services as stated in the booking, confirmation, and travel document (or similar document), as well as any additional services included in the Product according to the contract between the parties. Transportation to and from Svalbard is not part of this agreement and beyond the responsibility of BES. (ref 4.1)
Any information BES has provided on our website, in brochures, correspondence etc. are part of the agreement unless the information is assumed to be of no significance to your purchase of the Product in question. Any information that was clearly changed prior to the conclusion of the agreement is not considered part of the agreement.
2. Booking and payment terms
2.1 Pre-booking: Trip design fee
Please note that if you wish to book one of our personalised trips at our bespoke desk, we will ask for a trip-design fee before we start making arrangements, reservations, and confirming the itinerary and price. The trip-design fee is
NOK 5 000. The amount is deducted from your final bill but is non-refundable in case of no purchase. After the fee has been paid, we will provide you with the itinerary proposal. You are free to ask for amendments afterwards, and the itinerary is not finalised until you have given us your approval
2.2 Booking
The agreement between the parties is considered concluded upon a confirmed booking and payment of the agreed deposit or full payment according to the payment terms.
2.3 Payment terms
If your booking is made more than 120 days prior to arrival: At the time of confirmation, BES requests a deposit payment of 40% of the full price plus other services that require payment at the time of booking
BES may assume financial obligations prior to the start of your Product, for example, hotels requiring a non-refundable prepayment or special arrangements ashore (excursions, courses, etc.) where BES is not entitled to a refund upon cancellation. In these cases, the deposit will be correspondingly increased.
The remaining amount shall fall due 90 days prior to departure. Please note that if BES has payment obligations to our service providers that fall due earlier than 90 days prior to departure, the remaining amount may fall due earlier.
If the booking is made less than 120 days prior to arrival: The full amount is due at the time of booking confirmation.
The contractual payments must be deposited to BES ‘s account within 3 days after the respective due dates. BES reserve the right to terminate the agreement and apply cancellations fees as regulated in 5.1, unless the traveller can document that payments has been made by the due date.
2.4 Invoicing
It will be issued one invoice per payment term for the complete group. Individual invoicing per participant is possible with an additional fee of 250 NOK per invoice / participant.
3. Price of the Product
3.1 Price
Prices are quoted and to be settled in NOK.
The price quoted for the Product includes all the charges, fees and/or taxes that the Norwegian authorities will impose on the services included in the agreement.
The price also includes any supplements required by the traveller in connection with the booking, or other services that are included in the Product.
Prices do not include tips/gratuities, baggage and personal insurance, travel insurance, any items of a personal nature, optional activities, local taxes or use-fees, items, or food and beverage not specifically listed in the itinerary.
3.2 Changes in price
The price can be adjusted up or down by changes in government taxes and fees, exchange rates, or price changes in third party services. In these cases, you will be given grounds for – and a calculation of – the price increase. A price increase of more than 8% shall always be deemed to be a significant disadvantage and give the traveller the right of terminating the specific purchase in question at no cost.
Price quotations are subject to change without notice, until a booking has been confirmed with payment and BES has confirmed that the bookings have been made.
4. Special conditions related to the agreement (important to read)
4.1 Arrival and departure
We aim to provide unique experiences and activities at Svalbard. Transportation to and from Svalbard is your responsibility. The arctic climate can be rough, having impact not only on the execution of the activities but also on the transportation to and from Svalbard. We strongly advice you to plan with a sufficient time buffer before and after the Product. BES has no responsibility for flight delays, cancellations, strikes etc., neither for delayed return from the Product caused by weather or other circumstances beyond the control of BES. The product is considered to be delivered to the participant as agreed, even when the participant does not show up at agreed time for reasons caused by a third party
4.2 Travel insurance
BES advise all travellers to purchase a comprehensive travel insurance to minimise possible losses due to unforeseeable situations during your travel, i.e. insurance for delayed arrival/departure due to weather conditions, loss/damage to travel luggage etc., and for coverage of medical expenses and any repatriation in case of accident/illness.
As the traveller you are responsible for making yourself familiar with your travel insurance provider’s terms.
If you are a European citizen, you should as a minimum bring an European Health Insurance Card if such abovementioned travel insurance is not taken out.
4.3 Entry regulations, passports and visas
Please check The Norwegian Directorate of Immigration regarding the need for visa to visit Norway, conditions like passport validity and other recommendations: UDI
NOTE:
1) All clients travelling to Svalbard are required to bring their passport.
2) For some nationalities, a double-entry visa to Norway is required when travelling to and from Svalbard.
4.4 Health information and risk
We aim to provide the finest travel memories in the Arctic nature, including unique experiences and activities. By booking with BES, you acknowledge that participation in certain activities involves risks above and beyond those encountered on a more conventional holiday. Such risks include, but are not limited to, loss or damage to property, inconvenience, discomfort, disease, psychological trauma and the possibility of injury or death. BES will always have your safety first in mind, but you are responsible for taking necessary precautions to avoid serious damage or injury to yourself and others.
It’s your responsibility to estimate if your general health and own fitness level fit the activity booked. BES reserves the right, at its sole discretion, to deny participation in any activity or program if a client is deemed not to possess the necessary physical or mental capacity to safely take part. Such decisions may be made to ensure the health, safety, and well-being of the client, other participants, staff, and animals, and shall not constitute grounds for reimbursement or compensation.
By confirming your booking through payment and acceptance of these Terms & Conditions, you fully accept these risks and agree not to hold BES responsible in case of injury, damage or loss as allowed under Norwegian law.
4.5 Veichle terms & Driving license
Some of our Products make use of motorised vehicles, such as snowmobiles, supplied by BES. Regarding your use of these motorised vehicles, we will ask you to sign a separate undertaking with BES.
All drivers must adhere to the rules outlined in the separate undertaking.
A valid physical (not digital) driver’s license must be presented and brought with you on Products that include driving motorised vehicles.
Please note that Norway recognises foreign driving licences issued by countries that are parties to the 1949 Geneva Convention or the 1968 Vienna Convention on Road Traffic. Licences that do not conform to the convention models may require an authorised translation or an International Driving Permit (IDP) to be valid in Norway.
4.6 Travel Guarantee Fund
BES has furnished a statutory guarantee to the Travel Guarantee Fund. The Fund secures you a reimbursement in case of insolvency or dissolution of the company.
Contact info:
Travel Guarantee Fund
Postal address: Reisegarantifondet, Postboks 1807 Vika, 0123 Oslo, Norway
E-mail: firmapost@rgf.no
Telephone: +47 51 85 99 40
5. The Traveller’s right to cancel, transfer or adjust the Product
5.1 Cancellation fees (complete booking)
A Product is considered confirmed when you have made the first payment.
After this point in time the fee for cancellation will range from 0% to 100 % depending on how much notice you give us prior to the starting date of your itinerary.
Special items, explained as non-refundable or similar in the price quote or other communication with the booker, are non-refundable and held outside the calculations listed below:
Cancellation more than 120 days prior to arrival date: Free cancellation, except special items which are charged 100%.
Cancellation more than 90 days prior to arrival date: Cancellation fee equals to 30% of total Product price, except special items which are charged 100%.
Cancellation 60-89 days prior to arrival date: Cancellation fee equals to 50% of total Product price, except special items which are charged 100%.
Cancellation less than 60 days prior to arrival date: Cancellation fee equals to 100% of total Product price, including special items which are charged 100%.
5.2 Partial cancellation (reduced number of participants)
The price per person is based on the number of persons within the same group. Due the price being linked to the group, partial cancellation may not entitle a refund due to the fact that we and our service providers base our pricing on groups, and cancellation of one or more persons may not incur a reduction in cost, regardless of time of cancellation. Only the actual reversible variable cost per person will be refunded according to the following regulation:
< 10% of the participants more than 60 days prior to arrival date: Refund equals to 100% of the actual reversible variable cost for the cancelled participant(s).
< 10% of the participants 30 -59 days prior to arrival date: Refund equals to 50 % of the actual reversible variable cost for the cancelled participant(s).
< 10% of the participants 0 – 29 days prior to arrival date: No refund.
5.3 Transfer of the Product
You may transfer your Product to another person, provided that the new participant meets all requirements for participation in the Product. Such transfer is conditional upon BES being notified in sufficient time prior to the commencement of the Product, and on BES and/or our service providers not being subject to regulations that prohibit such transfers.
BES will apply a name change fee of NOK 500 per amended name. The original traveller shall remain jointly and severally liable for payment of the name change fee as well as any outstanding balance relating to the Product.
BES’s obligation to provide information in accordance with the Package Travel Act and these Terms & Conditions shall normally be deemed fulfilled vis-à-vis the new traveller to the extent that such obligation has already been fulfilled in relation to the person transferring the Product. Should additional information be required, and where this is practically feasible, BES shall provide the necessary information to the transferee. BES assumes no liability if the person to whom the Product has been transferred fails to meet the entry requirements of the relevant destination country or the participation requirements set by BES.
5.4 Changing the reservation / Product
We will do our outmost helping you change or rearrange your Product after the time of booking, however costs may occur due to late cancellations or when changes are made to the Product. Please also note that we might not be able to fulfil your change requirements due to lack of availability, but we will always do our best. Changes are as a minimum charged with an administration fee of 500,- NOK
In the case of a change in price, we will either notify you about the increased costs or refund the difference.
6. BES’s right to cancel or change the Product
6.1 Impediment beyond the control of BES
BES reserves the right to cancel a Product without incurring liability to pay compensation where the Product cannot be performed due to unavoidable and extraordinary circumstances. In such cases, the traveller shall be informed of the cancellation without undue delay.
Such circumstances may include, but are not limited to, war or acts of war, natural disasters, serious infectious diseases posing a risk to health, or other events of a similar nature and magnitude.
Subject to the same conditions as set out in the first paragraph, BES shall not be liable to pay compensation in the event of non-performance or improper performance of the Product where such circumstances occur, nor where the Product must be interrupted due to unavoidable and extraordinary circumstances arising after the commencement of the Product.
If the Product is curtailed as a result of cancellation by either BES or the traveller due to such circumstances, the traveller shall nevertheless be entitled to a proportionate price reduction.
BES shall, to the extent reasonably possible, take appropriate measures to minimise any risks to, or inconvenience for, the traveller.
6.2 Too few participants registered
BES and/or our partners may offer fixed date Product / activities which require a minimum number of guests to be carried through. If the number of participants set as a condition for completing such Products / activities have not been sold, BES may be forced to cancel such Products / activities. In these circumstances, BES will do our very best to offer a suitable option or offer traveller’s a refund for the cancelled Product / activity. If the cancelled activity is part of a longer Product, the traveller is only entitled to a refund of the cancelled activity, not other parts of the Product.
BES will notify the traveller of cancellation in accordance with this section as soon as possible.
6.3 Changes by service providers
Occasionally, service providers make changes to dates, inclusions, coverage, age requirements, etc. BES cannot be held responsible or liable for any change in information related to such services or activities provided from a third party. In the notice of a change in accordance with the provisions above, BES will give you the option of terminating the specific purchase in question at no cost, cf. Section 19 of Package Travel Act, cf. Section 20.
6.4 BES’s right to change the content or conditions upon conclusion of the agreement
BES shall not amend the terms and conditions of the agreement or the specifications of the Product to the detriment of the traveller after the agreement has been concluded, unless the specific services or specifications in question have been expressly made subject to change. Any such possibility of amendment must be clearly stated in the individual agreement, including the travel document or other contractual documentation.
If BES plans to modify the terms and conditions or the content pursuant to this provision, we will issue a written notice at the earliest possible time. At the same time, you will be informed of your rights to terminate the purchase of the Product if the changes lead to a material breach or deficient performance following the modification, or to request a price reduction in the event of non-performance or inadequate performance. The traveller must exercise these rights within three days of receiving notice of the changes, otherwise the right to terminate the purchase or claim a price reduction will lapse. If exceptional circumstances prevent compliance with this deadline, the traveller must notify us as soon as possible and within a reasonable timeframe.
7. Parties’ obligations
7.1 BES’s obligations
BES shall complete the Product in accordance with what has been agreed upon with the traveller, cf. Section 1. If unforeseen circumstance nevertheless makes changes to the Product necessary, BES shall to a reasonable extent ensure that the traveller is subjected to as little inconvenience as possible.
BES shall provide appropriate assistance to travellers in difficulties as soon as possible. This assistance shall aim to provide appropriate information about health services, local authorities, and consular assistance. BES may charge a reasonable fee for assistance if the difficulties are caused intentionally or negligently by the traveller.
BES shall disclose any circumstances we understand, or should understand, will be of importance to the traveller as soon as possible.
If the traveller points out any non-performance or defective performance of the Product, BES is obligated to do anything possible, within reasonable limits, to remedy the non-performance or defective performance as soon as possible.
7.2 Traveller’s obligations
The one who makes the booking on behalf of the traveller and the traveller(s) are obligated to familiarise with these general Terms & Conditions or the conditions published on BES website or otherwise made available.
a) Payment
The traveller shall pay the agreed price within the deadlines set out in these Terms & Conditions. In the event of material default in payment, BES shall be entitled to cancel the booking and charge cancellation fees in accordance with Section 5.1.
b) Information
The traveller shall provide BES and its service providers with all relevant information that he or she understands, or reasonably ought to understand, is of material importance for the proper performance of the Product. Any person making a booking on behalf of travel companions is responsible for providing accurate and relevant information for all participants.
BES accepts no liability for issues arising from incomplete, inaccurate or omitted personal details or special requirements. A person booking on behalf of others must ensure that all participants are capable of complying with BES’s regulations and that the Product is suitable for them, so that participation does not pose a risk to themselves or others.
c) Complaints
The traveller shall notify BES without undue delay upon discovering any non-performance or improper performance that may entitle the traveller to rights under Sections 8.1 a)–e). If such circumstances are identified after commencement of the Product, the traveller must, where possible, submit the complaint locally.
d) Travel Documents and Requirements
The traveller is responsible for ensuring that the name stated in the booking corresponds exactly with the name in the passport. The traveller must carry all required travel documents, including but not limited to a valid passport, necessary visas or health certificates, a valid driver’s licence where applicable, and any other documentation required for the Product.
The traveller is solely responsible for obtaining any required documentation and for arranging any insurance deemed necessary. BES reserves the right to refuse participation, without compensation, to any traveller who fails to present the required documentation.
e) Conduct and Compliance
The traveller shall comply with BES’s regulations as presented prior to conclusion of the agreement, as well as the rules and regulations of hotels, subcontractors, carriers and local authorities. The traveller must also follow all instructions provided by BES regarding reporting times, meeting points and conduct during the Product, as well as any instructions issued by carriers or transport providers in connection with unforeseen events.
Participants must not behave in a manner that causes inconvenience to fellow travellers or creates safety or operational concerns for BES. BES reserves the right to deny participation at the start of the Product if the traveller’s conduct or condition clearly indicates that he or she cannot meet the requirements set out in this section.
f) Travel Arrangements
The traveller shall comply with any instructions issued by BES regarding confirmation of tickets for scheduled transport included in the Product. The traveller is also responsible for reviewing and responding to communications sent by BES via email, SMS or other means. Failure to do so may affect the validity of reservations made on the traveller’s behalf.
g) Consequences of Breach
In the event of a gross breach of these provisions, following notification or complaint regarding the relevant matter, BES shall be entitled to exclude the traveller from further participation in the Product. In such cases, BES shall not be liable for any additional costs resulting from early departure or amended travel arrangements, and the traveller shall have no claim for reimbursement of the unused portion of the Product.
The traveller may be held liable for any loss or additional costs incurred by BES as a result of a gross breach of these provisions. Liability for damages shall be determined in accordance with applicable general principles of damages law.
8. About non-performance or defective performance
8.1 Non-performance or defetive performance prior to departure
A traveller, or the person making the booking on the traveller’s behalf, may cancel the agreement prior to the commencement of the Product if it is evident that there will be a material failure or inadequate performance of the Product.
The same right applies if the contractual terms are amended in a way that results in a significant disadvantage for the traveller. Any price increase exceeding 8% will in all cases be considered a significant disadvantage. In such situations, the traveller must notify BES of the cancellation within a reasonable time. Unless special circumstances justify otherwise, this notification must be given no later than one week after receiving notice of the change, or as soon as possible if the notice is received shortly before departure.
In these cases, the traveller is entitled to a full refund of all amounts paid, as well as any compensation in accordance with Section 29 of the Package Travel Act.
As an alternative, the traveller may choose another Product of equivalent or superior quality, provided that BES is able to offer such an option. If the alternative travel services offered result in a Product of a lower standard than originally agreed, the traveller shall be entitled to an appropriate reduction in price.
8.2 Non-performance or defective performance after departure
There has been a failure or inadequate performance in the delivery of the travel services included in the Product, provided that this is not attributable to the traveller or circumstances on the traveller’s side.
The traveller must report any such failure or defect without undue delay after becoming aware of it.
Where non-performance or defective performance occurs after departure and gives rise to a justified complaint, the traveller has the following rights:
a) Remedy:
The traveller may require BES to correct the failure or inadequate performance, provided this can be done without causing disproportionate cost or inconvenience. The correction must be carried out within a reasonable time limit set by the traveller. If BES does not remedy the issue within this timeframe, the traveller may take necessary steps to resolve it themselves and claim reimbursement for reasonable expenses incurred.
If the traveller declines a proposed remedy that would have resolved the issue, or fails—where possible—to notify BES or its representative so that corrective action can be taken, the traveller forfeits the right to pursue further claims.
c) Price reduction:
If the issue is not rectified, the traveller is entitled to an appropriate reduction in price corresponding to the period during which the Product was affected by the failure or inadequate performance.
d) Termination:
If the failure or inadequate performance substantially affects the execution of the Product and BES has neither remedied the issue nor offered suitable alternatives, the traveller may terminate the agreement and request a refund for the parts of the travel services not provided.
e) Compensation:
If the traveller suffers loss as a result of the failure or inadequate performance, they may claim compensation from BES.
BES shall not be liable for compensation if it can demonstrate that the failure or inadequate performance was caused by unavoidable and extraordinary circumstances. Nor does the right to compensation apply where the issue is attributable to a third party unconnected with the provision of the travel services and could not have been reasonably foreseen or prevented.
Where applicable transport laws limit the extent or conditions of compensation payable by a carrier, the same limitations shall apply to BES.
8.3 Limitation of compensation – disclaimers and limitation of liability
Limitation of liability
BES shall not be responsible for any loss, damage, accidents, injury, or illness occurring during the Product. This also applies to itinerary changes resulting from weather conditions, strikes, or other force majeure events. Neither BES nor its service providers accept responsibility for events such as illness, theft, labour disputes, equipment failure, governmental restrictions, acts of war or terrorism, weather conditions, defects in transport vehicles, misconduct, accidents, or any other circumstances beyond their control.
Limitation of consequential losses
Under no circumstances shall BES or its partners be liable for indirect or consequential losses, including but not limited to: (a) loss of data; (b) loss of revenue or expected profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or reputational damage; (f) losses incurred by third parties; or (g) any indirect, special, or consequential damages arising from the use of our website, regardless of the legal basis.
BES is not liable for accidents, losses, injuries, damages, delays, or additional costs resulting from the acts or omissions of service providers. Where third-party providers have their own terms and conditions, travellers are advised to review these carefully.
BES provides all content, including information, names, images, logos, prices, dates, and availability, on an “as is” and “as available” basis, without any express or implied warranties, to the extent permitted by law. This includes, but is not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
While BES aims to ensure the accuracy of all information provided, it does not guarantee that its website or affiliated platforms will be uninterrupted, error-free, or free from defects, viruses, or bugs. Should any provision be deemed invalid or unenforceable under applicable law, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
To the extent that BES’s liability has not already been restricted under applicable transport laws, compensation shall be limited in accordance with this agreement, but not to less than three times the total price of the Product. This limitation does not apply to personal injury or damage caused intentionally or negligently by BES during transport, in accordance with Section 33 of the Package Travel Act.
8.4 Realtionship with other transport law
The traveller’s right to a price reduction or compensation under these terms does not affect rights under other transport legislation. Any compensation awarded under the Package Travel Act and other applicable transport laws shall be offset to prevent double recovery.
Claims for price reductions or compensation relating to the Product must be directed to BES, while claims against carriers under separate transport laws must be submitted directly to the relevant carrier.
Regardless of BES’s liability, the traveller is obliged to take reasonable steps to mitigate any losses. Compensation will not be granted for losses caused by the traveller’s own actions or negligence.
8.5 Circumstances not normally considered non-performance or defective performance
The following situations are generally not regarded as failures or defective performance under Section 8:
a) Differences between the traveller’s expectations and actual conditions that are not attributable to BES, such as variations in local infrastructure or destination-specific conditions, provided these are considered normal for the destination.
b) Unusual weather conditions or other natural events that BES neither knew nor could reasonably have anticipated.
c) Situations that may arise from time to time and are beyond BES’s control, or that fall within what may reasonably be expected under the agreement. Changes of accommodation due to overbooking shall not be considered a foreseeable deviation.
e) Deviations resulting from the traveller’s own circumstances.
9. Dispute resolution
This agreement shall be governed by and interpreted in accordance with the laws of Norway.
If a complaint leads to a dispute that the parties are unable to resolve amicably, the traveller may refer the matter to the Package Travel Complaints Board or another relevant dispute resolution body. Should the dispute remain unresolved either through mutual agreement or by the Complaints Board, it shall be decided by the Norwegian courts.
The traveller may also submit a complaint through the EU Online Dispute Resolution (ODR) platform. This option is particularly relevant for consumers residing in another EU/EEA country. Complaints can be filed via the following link:
http://ec.europa.eu/odr
10. Entry into force
These Terms & Conditions for BES apply from 1 February 2026 and remain in force until they are amended or replaced. BES is required to inform the client of any updates or changes to these Terms & Conditions.
Longyearbyen, February 1 2026
