TERMS AND CONDITIONS
1. RIGHTS AND OBLIGATIONS OF THEIR PARTIES
1.1. The Contractor shall:
1.1.1. Provide the Client with necessary and accurate information about the services provided by the Contractor including information about prices for the services.
1.1.2. Inform the Client of any changes relating to the possibility of providing services no later than the date following the date when the Contractor has become aware of such changes.
1.1.3. Confirm in writing to the Client the possibility of providing services specified by the Client in Booking Application, or to inform the Client that the provision of the services, in the manner and within the timelines set forth herein, is impossible by sending the written Offer.
1.1.4. Ensure timely provision of services to tourists in full compliance with the services’ list and consumer characteristics specified in the Offer.
1.1.5. Take all necessary actions to resolve any disputes and conflicts that tourists may have in country of temporary residence; if necessary assist the tourists and the Client in resolving such conflicts.
1.1.6. At the request of the Client, provide the delivery and acceptance statement upon a prior approval of such statement provision timelines.
1.1.7. In due time, the Contractor shall provide the Client with the travel documents or the tour program (if applicable) by email.
1.2. The Contractor shall be entitled to:
1.2.1. Transfer its obligations hereunder to third parties, being held liable to the Client for actions of third parties and for performance hereunder.
1.2.2. Upon a written consent of the Client, replace confirmed services with similar services or services of higher category.
1.2.3. Alter routes, itineraries or departure times without prior notice should this be necessary due to weather or other reasons that are beyond the Contractor’s control. In the case of changes of flights, the tour participant is responsible for any additional costs that become payable because of such changes.
1.2.4. Request the Client to timely send the Booking Acceptance.
1.3 The Client shall:
1.3.1. Send to the Contractor Booking Application as provided for in Clause 2.1. hereof.
1.3.2. Transfer to the Contractor payment in consideration for the services accepted for the performance, in the manner and within the timelines set forth herein.
1.3.3. Timely notify the Contractor of any changes in the booking and/or its cancellation as set forth herein.
1.3.4. Within twenty four (24) hours of receipt of the notice from the Contractor in respect of changes of the traveling terms, the Client shall notify the Contractor of confirmation of tourist services with changes or of rejection of such tourist services.
1.3.5. Inform tourists of all changes made by the Contractor in respect of changes of the traveling terms, the Client shall notify the Contractor of confirmation of tourist services with changes or of rejection of such tourist services.
1.3.6. Inform tourists in due time and in full volume of: itinerary, accommodation facilities and set of services, rules of stay of tourists on route, time and place of the trip beginning and ending, accommodation, food and transfer conditions, excursion services, guide or escort availability.
1.4. The Client shall be entitled to:
1.4.1. Obtain accurate information about the Contractor services’ consumer characteristics.
1.4.2. Request from the Contractor to provide the delivery and acceptance statement.
2. SERVICES BOOKING AND PROVISION PROCEDURE
2.1. The Client shall provide to the Contractor by email a written Booking Application with the following information:
date of services;
type of the hotel standard and its location, quantity of rooms to be booked, type of rooms and type of board;
2.2. The Contractor shortly after the receipt of the Booking Application from the Client shall notify the Client whether the services specified in the Booking Application are available or may not be provided. If the services specified in the Client’s Application may be provided by the Contractor, the Contractor shall provide to the Client a written confirmation of the possibility of provision of the services, a cost calculation indicating the price of individual services specified in the cost calculation, and the total price of the services in the “Booking Offer”.
2.3. The Client shall send a final written Acceptance of Booking.
2.4. Through the Acceptance of Booking, the Client accepts the Booking Offer, terms and conditions herein as binding.
2.5. If the Acceptance of Booking has any changes, including availability of services, the Contractor accepts it as a new Booking Application.
2.6. The full names list of participants and, if ferries are included in the booking – dates of birth of tourists, should be provided to the Contractor in the Acceptance of Booking:
45 days prior to the date of departure for tours in Scandinavia, Baltics and Poland;
65 days prior to the date of departure for tours in Iceland.
2.7. If the booking is made after the specified above days, the full names list of participants should be provided immediately.
2.8. All bookings thereafter are on request.
2.9. When the Client is booking services on “Guarantee Departure” terms, the Client agrees to the as from the Guarantee Departure conditions as Guarantee Departure Booking Offer.
2.10. The Contractor shall send the invoice to the Client at the latest 50 days before the confirmed date of departure, depending on the time of the Acceptance of Booking receipt.
2.11. In cases of ad hoc bookings – the invoice will be sent by the time the total amount of the participants is confirmed and provided to the Contractor.
2.12. The Contractor does not book any services until the Client finally confirms them in the Acceptance of booking. This means that the Contractor cannot guarantee any availability of mentioned hotels or other services in a Booking offer to the Client. All bookings are made on specific requests.
2.13. The Contractor urges the Client to book services as early as possible and preferably one year in advance.
2.14. Vouchers will be issued by the Contractor for all services required, clearly explaining the services to be provided. In case there is no VOS representation on the tour, the Client is not allowed to change the information in VOS’ vouchers.
2.15. The written form of Booking Applications, Confirmations, the Offer and invoices shall be deemed observed upon their provision by the parties by email.
2.16. If entry visa support services (drawing up invitations to the country of temporary stay) are required, the Client shall send with the Booking Acceptance the following information about the tour participants: full name, passport number, date of birth, nationality.
2.17. The Contractor reserves the right to deny additional sales of passengers if the group has reached the maximum size of 48 pax. The Contractor and the Client shall agree on the maximum group size upon entering the contract. The maximum group size is dependent on the itinerary and limitation of mobility, as large coaches are not permitted to drive certain routes in Scandinavia. A supplement for providing a large coach may apply.
2.18. The Client is requested to limit the passengers’ luggage allowance to 1 pcs per pax (max 20kg) in order to ensure the total weight of the coach including passengers and luggage is within the legal limit in accordance with the Nordic Weight Regulation law. If there is a fee incurred due to clients’ deviation from the advised maximum allowance, this cost will be invoiced to the Client including the Contractor’s handling fee.
2.19. The Client shall be aware that no breakfast will be served for guests who require transfer prior to the hotels’ official breakfast hours. No reduction is offered for the forfeit of this meal.
2.20. If the Client has passengers arriving/departing on early or late flights between 22:00 and 06:00, the Contractor reserves the right to charge a ‘night fee’. The cost shall be communicated in accordance with the reception of the flight details.
3. VALIDITY OF PRICES
3.1. All rates are net in EURO and include taxes, duties and all other fees, costs, and extras in effect of the date of the offer related to the services.
3.2. Any price increase will be notified at least 20 days before the start of the tour. Furthermore, all rates are based on exchange rates in effect of the date of the offer.
3.3. Prices are guaranteed against any surcharge after an invoice has been issued, unless it is due to currency exchange rates, third-party fee changes, change in cost of fuel or other power sources and amounts up to 5% of the tour price or more. In these cases price reductions can also be claimed.
3.4. The amounts that exceed 5% of the tour price will be charged. The Clients will be entitled to cancel their booking with a full refund if the surcharge exceeds 8% of the tour price.
3.5. Any increase in price and the total cost of the tour will appear in the invoice. If alterations are made to the actual tour or the conditions of the tour, it may result in changes to the price and additional payment will be charged.
4. ACCOUNTS SETTLEMENT AND PAYMENT PROCEDURE
4.1. All payments hereunder shall be made by non-cash transfer in EUR on the basis of invoices issued by the Contractor. All costs related to bank transfers shall be borne by the Client.
4.2. Through Booking Confirmation, the Client guarantees payment of the total amount specified in the invoice for the booking in accordance with conditions herein. It is the responsibility of the Client to ensure that VOS receives payment in full by the due date. No reminders will be sent.
4.3. The client shall make the full payment of group or individual no later than 35 days before the date of departure.
4.4. The Client upon confirmation of group shall pay the 20% of deposit. This deposit will be refunded in case the cancellation is made in accordance with the cancellation terms herein.
4.5. For bookings that include flights or non-refundable services, a non-refundable 20% deposit on total price for flight or non-refundable services shall be made by the Client by the due date specified in the invoice.
4.6. The Client shall pay the rest amount of the payment after the deposit was paid in one installment by bank transfer. In the event this payment is made in several installments, a 50 EUR invoicing fee will be added to every additional invoice and per installment.
4.7. Payment can be made with credit card where a non-refundable service fee of 5% will be applicable and added to the final invoice.
4.8. Some services, such as flights, trains or special accommodation booking shall be paid in advance. Prepayments and deposits in those cases will be specified in the Offer.
4.9. Special payment and cancellation terms shall be specified in the Offer.
5. LATE PAYMENT PENALTY
5.1. If the Client has paid the deposit, but in breach of the Agreement, the full payment is not received by the due date at Contractor’s account, the Contractor reserves the right to change the services accordingly and proportionally to the paid deposit amount.
5.2. If in breach of the Agreement the full payment from the Client is not received by the due date at the Contractor’s of the tour.
5.3. With respect to the amount of any invoice not paid by the due date, an interest fee of 5% per month, payable from the date of the invoice to the date payment is received, shall be due.
6. CANCELLATION AND CHANGE OF GROUP BOOKINGS
6.1. Cancellations (i.e. any change in the tour, in the number of participants or in the tour date) by the Clients to be free of charge must be made by e-mail as soon as possible and at the latest 35 days prior to the date of departure for tours to Scandinavia, Baltics and Poland, and 65 days prior to the date of the departure for tours to Iceland.
6.2. The Contractor will communicate any deviating terms of cancellation in the Booking Offer. Acceptance of any changes in private tours previously confirmed by the Contractor is at Contractor’s free discretion.
6.3. The refund (if applicable) in case of cancellation will be made in accordance with the terms and conditions as provided by the suppliers.
6.4. To become legally binding both parties must confirm the cancellation of the booking in writing.
6.5. The Contractor does not accept cancellation of more than 5% of the number of initially booked tour participants, after the full payment was made.
6.6. The following cancellation fees (percentage of the cancellation amount) apply for Groups cancelled later than specified above:
6.7. CANCELLATION FEES (SCANDINAVIA, BALTICS AND POLAND)
Up to 35 days before arrival: No charge
Less than 35 days before arrival: 100%
Individual cancellation fees:
35-21 days before arrival: 25%
20-08 days before arrival: 50%
7-2 days before arrival: 75%
48 hours or less before arrival: 100%
Upon confirming booking: Non-refundable 20% deposit will be charged.
Less than 60 days before arrival: 100%
Hurtigruten (Coastal Voyage):
Less than 90 days before arrival: 100%
6.8. CANCELLATION FEES (ICELAND)
Up to 86 days prior to arrival: no charge
85-44 days before arrival: 80%
43-36 days before arrival: 90%
Less than 35 days before arrival: 100%
Individual cancellations fees:
Up to 65 days prior to arrival: no charge
65-44 days before arrival: 30%
43-31 days before arrival: 50%
Less than 30 days before arrival: 100%
6.9. Cancellation resulting in change of base
In the rare event that a pax is cancelled after the free cancellation period resulting in a change of base, the Contractor shall apply cancellation fee of the pax on the original base of the tour and readjust the invoice in accordance with the new base. The Client shall retain the right to pay a 100% cancellation fee versus change of base should this result in a total in their favor.
The same applies if the Client cancels ½ double room resulting in an incurred fee of a single supplement; the Contract shall apply a cancellation fee on the cancelled pax in addition to a single supplement fee.
7. RESPONSIBILITIES OF THE PARTIES
7.1. The Contractor and the Client shall be liable for losses caused to a party hereto due to a failure to perform or improper performance of obligations hereunder.
7.2. In the event of cancellation or changes of trains and flights’ departure timetables and related changes in the tourist services’ volume and timelines, the Contractor in consultation with the Client shall take necessary measures to minimize difficulties incurred by the tour participations.
7.3. The Contractor shall be liable to the Client for the provision of all the services specified in the Booking Offer and/or in the tourist vouchers, and undertakes to reimburse the Client for all losses related to inadequate provision of such services.
7.4. The Contractor shall not be liable for accuracy of information provided by the Client.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. The parties shall be released from responsibility for the improper performance or a failure to perform their obligations hereunder in the event of force majeure circumstances, except in the case of negligence of misconduct by the parties.
8.2. The Force Majeure Circumstance shall include: changes in applicable laws and governmental regulations, unlawful and/or unjustified actions by government authorities in respect of any or both parties, mass civil disorders, acts or war, floods, earthquakes, weather, difficult traffic or road conditions and any other unforeseeable irregularities beyond the control of VOS, preventing from the fulfillment of obligations hereunder.
8.3. In the event of occurrence of such circumstances, a party, which is precented by the force majeure circumstances from the performance of obligations hereunder, shall promptly send to the other party the written notice regarding the occurrence of force majeure events, their reasons and their potential actions.
8.4. Should the services may not be provided due to force majeure circumstances, the Contractor, within 10 days from the date of the request provided by the Client, shall refund the money paid by the Client hereunder net of documented expenses of the Contractor.
8.5. The Contractor reserves the right to alter routes, itineraries or departure times, without prior notice, should the necessity arise.
8.6. The Parties will take all the reasonable measures to reduce negative consequences caused by force majeure events.
8.7. The term of the fulfillment by the Parties of their obligations hereunder in the event of the occurrence of force majeure events may be prolonged with the consent of the Parties proportionally to the time within which such events persisted.
8.8. The Parties shall not be liable for any breach by tourists of the laws of the receiving country.
8.9. The Contractor shall not be liable to tourists for any accidents, injuries, delays, changes of flights arrival timetable, loss or theft of luggage and personal items, as well as for damages caused to third parties. Luggage is at the owner’s risk throughout the tour.
9.1. Individual travel insurance is not included in the tour price. The Contractor does not offer any cancellation insurance. It is therefore strongly recommended, that tour participants take out comprehensive travel insurance to cover the cost of termination, as well as the costs arising from accidents and/or illnesses, which also cover the cost of repatriation, and for loss of and/or damage to luggage.
11.1. The Parties shall undertake, both during the timeframe of the Agree and after its completion, not to disclose to third parties and not to use for the purpose other than for the performance of its obligations hereunder, without a prior written consent of the other party, any confidential information, including any information from the Booking Offer, that has become known in the course of negotiation of the Agreement.
11. PRIVACY PRACTICES
11.1. The Parties in connection with operation of business shall protect personal data of individuals in accordance with all applicable privacy laws and with the European Union’s General Data Protection Regulation.
11.2. The Contractor shall not be obliged to obtain personal data subjects consent for processing their personal data. The processing of personal data is performed, among other things, but not limited to the purpose of registration of travel documents, booking rooms in accommodation facilities with suppliers, and other services.
11.3. The Parties shall not share personal information with third parties unless it is relevant to confirming a booking and all sensitive information shall be automatically deleted after it has served its use. Sensitive information that is not relevant to booking shall be automatically deleted. The parties shall not share personal information outside the EU unless it is relevant to booking and shall be automatically deleted once it has served its purpose.
12. DISPUTE SETTLEMENT PROCEDURE
12.1. In the event of any disputes hereunder between the Contractor and the Client, the parties shall make all efforts to resolve the conflict amicably by way of negotiations.
12.2. This Agreement provides for disputes resolution by exchanging written claims and responses to such claims. All claims of the Client, as well as claims arising from tour participants due to non-provision or improper provision of services specified in the Contractor's Booking Offer, shall be sent to the Contractor within thirty (30) calendar days from the date of provision of respective services and considered by the Contractor within fifteen (15) calendar days from the date of sending a respective claim. Claims received by the Contractor after expiry of this deadline cannot be accepted, unless the Client prove that they were faultlessly prevented from meeting such deadline.
12.3. The Client within one (1) working day when he became or should have become aware of claims in respect to the quality of tourist services (on the date of receipt of such claims) shall send the claims along with a cover letter and supporting documents to the Contractor.
12.4. If disagreements between the Contractor and the Customer cannot be resolved by negotiation through the complaint procedure, they shall be resolved under exclusive jurisdiction of the ordinary courts of Copenhagen under the applicable law of Denmark.