The following Terms and Conditions apply to all charters and holidays booked with Fjord Adventures Ltd. (“we”, “us” or “our”). Together they form the basis of your contract with us. Please read them carefully as they set out the respective obligations. In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date.
1. BOOKING, PAYING AND CONFIRMING YOUR CHARTER
To book a charter or space on a charter please use our website or call us to receive a quotation. When you are happy with the quotation you can pay the specified deposit online through the website using a credit or debit card or call one of our consultants who can process payment over the phone.
The person named on the quotation (“party leader”) must be authorised to make the booking on the basis of these Terms and Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made.
Due to the nature of the charters we are not able to guarantee your place on receipt of deposit.
Occasionally we will have to cancel a booking prior to issue of a confirmation invoice, due to technical issues. If we have to cancel your charter prior to confirmation, and any alternative arrangements are not acceptable, then we will refund all monies you have paid to us. As bookings can only be accepted on the basis set out above, no compensation will be payable where your booking is cancelled or a significant change made by us (which you accept) in accordance with this clause. We reserve the right to decline your booking and return your deposit payment at our absolute discretion.
A contract between you and us will come into existence when we process your debit/credit card payment or deposit your cheque/cash for your deposit or initial payment into our account, and issue you with a booking confirmation. Where we have taken payment from you but are unable to confirm your booking arrangements, we will issue you with a deposit receipt letter only, acknowledging receipt of your payment. The deposit receipt letter is not a confirmation invoice and does not constitute a contract between you and us. We will only issue you with a confirmation invoice where we reasonably expect your booking arrangements to be available to book and only at this stage will a contract between you and us exist.
A deposit as specified on your quotation or as advised by your travel consultant, must be paid at the time of booking. Your charter cannot be confirmed until a deposit is paid.
The balance of the charter must be received by us not less than 12 weeks before departure. If the booking is made within 12 weeks then we will require full payment at the time of confirmation. The balance payment date will be shown on the confirmation invoice. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in clause 3 will apply. In such cases a written notice of cancellation and a cancellation statement would be sent to you.
Payments can be made by debit card, credit card (Visa and MasterCard only) or bank transfer.
Where you book online or otherwise provide us with an email address, we will communicate with you by email. We will email your confirmation invoice and any other documentation that can be sent this way. You must therefore ensure you check your emails on a regular basis. You should check and print off your confirmation invoice and other documentation upon receipt. We may contact you by telephone and/or post if we cannot contact you by email.
You may contact us via email for any of the reasons mentioned in these terms and conditions.
2. ALTERATIONS BY YOU AND TRANSFER OF YOUR BOOKING
Should you wish to make any alterations to your confirmed charter the party leader must notify us as soon as possible in writing. Whilst we will endeavour to assist you, we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges by our suppliers.
Please note that your charter is priced according to the number of people in your booking. If you wish to change the size of your party, the per person cost of the holiday for the other members may increase significantly.
Transfer of booking: If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) as long as the following conditions are met:
a: The transfer is requested in writing at least 7 days before departure.
b: All suppliers and third parties accept the transfer of names.
c: You sign an authorisation to transfer the charter into another name.
d: The transferee accepts these Terms and Conditions.
e: The transferee provides us with new travel insurance details.
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred by any of our suppliers as a result must be paid. Any overdue balance payment must also be received. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 3 will apply. Otherwise, no refunds will be given for passengers not taking their charter.
3. CANCELLATION BY YOU
Cancellations must be notified to us in writing by the party leader. Your notice of cancellation will only be effective when we receive it in writing at our offices. As we incur costs from the time that you make the booking, the following cancellation charges will be payable:
Period of cancellation is more than 3 months – Loss of deposit.
Period of cancellation is 3 months or less – 100% of total charter price.
Cancellation by You due to Force Majeure
You have the right to cancel your confirmed arrangements before the departure date without paying the above cancellation charges in the event of unavoidable and extraordinary circumstances occurring on your charter or its immediate vicinity and significantly affecting the performance of the charter or significantly affecting transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. Please see clause 8 for more information on Force Majeure.
4. CHANGES AND CANCELLATION BY US
The nature of the charter we offer, requires flexibility and must allow for alternatives. The outline itinerary as given for each charter must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of Fjord Adventures. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
Occasionally we have to make changes and correct errors in our booking information both before and after bookings have been confirmed. We may also have to cancel confirmed bookings due to factors outside our control, mistakes, or if the minimum number of bookings for a particular charter have not been received. While we will always endeavour to avoid changes and cancellations, we must reserve the right to do so. We will notify you (or your travel agent) of cancellation at the earliest opportunity and, in the case of group charters which depend on a minimum number of bookings (which is not achieved), at least 30 days before departure.
Most changes will be minor, in which case the change will not entitle you to a refund or to change your holiday and no compensation will be due. Occasionally we may have to make a significant change. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and we can reasonably be expected to know, can have a major effect on your holiday. A significant change is (i) a change in your destination locality (ii) a change in your accommodation to that of a lower standard (iii) a change in date of departure of charter.
If we make a significant change we will inform you (or your travel agent) as soon as reasonably possible. If there is time to do so before departure we will offer you the choice of one of the following options:
accepting the change (for significant changes) or
purchasing an alternative charter from us, of a similar standard to that originally booked or
cancelling or accepting the cancellation and receiving a full refund of all monies due.
If the alternative holiday is cheaper then the original one. we will refund the price difference, and if it is more expensive then you will be charged for the difference.
If we have to make a significant change or cancel we will, where compensation is appropriate, pay you reasonable compensation, with a minimum of £100 but not more than £500 per booking, depending on the circumstances and when the significant change or cancellation is notified to you, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choice can be accepted where:
we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or
we have to cancel because the minimum number of booking necessary to operate your charter has not been reached.
No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Terms and Conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
Very rarely, we may be forced by “Force Majeure” (see clause 8) to change or terminate your holiday after departing but before the scheduled end of your time away. This is extremely unlikely but if this situation occurs we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you may incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will, if possible, make suitable alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
All prices published in our brochures, marketing material and our website are for guidance only and are based on exchange rates in effect on the date of publication. Although every effort is taken to ensure prices are accurate at the time of publication we cannot guarantee these prices. Please note, changes and errors occasionally occur. You must check the price of your charter at the time of booking.
We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence and to correct any errors in the prices of confirmed bookings.
It is a condition of booking that you have, or arrange adequate insurance cover for personal liability, medical and holiday cancellation to be valid from the date when the contract between us comes into existence until the holiday is completed. When obtaining travel insurance you must ensure that the insurer is aware of the type and destination of travel and any activities which you plan to undertake that may be considered high risk such as skiing, mountain biking, mountain trekking and so on.
Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that you provide details of your insurer and policy number for our records. We may need to refer to this if you are involved in an accident. If you do not arrange the aforementioned cover, Fjord Adventures may, if it chooses, refuse your booking or cancel your holiday.
In any event, Fjord Adventures will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
7. VISAS, PASSPORTS AND HEALTH REQUIREMENTS
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable.
Requirements do change and you must check the up to date position in good time before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation or otherwise comply with any passport, visa, immigration requirements or health formalities. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
8. FORCE MAJEURE
Except where otherwise expressly stated in these Terms and Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of “force
majeure”. In these Terms and Conditions “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, natural disasters, fire or explosion, inclement weather and acts of God and all similar events outside our control. Advice from the UK Government Foreign & Commonwealth Office to avoid or leave a particular country may constitute “force majeure”.
9. OUR LIABILITY
Our obligations are to provide your charter and put together an itinerary which is suitable as per your instructions. We will then forward your payments on to the relevant suppliers (e.g. ski/mountain guides) to confirm your booking.
Subject to these Terms & Conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your charter and which were unforeseeable or unavoidable or (iii) unavoidable and extraordinary circumstances or force majeure as defined in clause 8 above.
Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which you have organised or purchased during the time of your charter, or where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
10. BROCHURE AND WEBSITE ACCURACY
All reasonable care has been taken to ensure that the descriptions, facts or opinions in our brochures, website and itineraries are accurate at the time of printing. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. The layout and furnishing of cabins shown in photographs may change. During the lifespan of our brochure, advertised facilities, services, schedules, and laws and suppliers’ programmes may also change. Errors may also occasionally occur. You must therefore ensure you check all details of your charter (including the price) with your travel agent or us at the time of booking. We cannot accept responsibility for any descriptions, facts or opinions published in any third party or suppliers’ brochures or promotional material.
11. BEHAVIOUR AND DAMAGE
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the charter of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the charter. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
We reserve the right to immediately cancel your charter if you or any member of your party’s behaviour is deemed aggressive, inappropriate or illegal. This cancellation will be made without any refund or compensation and will not be responsible for any additional costs incurred.
12. ACCEPTANCE OF RISK (BY YOU)
You acknowledge that the nature of travel is adventurous and that as such our charters may involve a significant amount of inherent personal risk. These include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities incidental to the holiday may carry inherent risks and if you wish to participate you may be requested to sign an additional waiver form by the local supplier. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible.
13. OVERSEAS STANDARDS, EXPECTATIONS AND SAFETY
Please note, it is the requirements and standards of the country (in this case Norway) in which any services that make up your holiday are provided, and not those of the UK.
The accommodation provided is only for the use of those persons named on the confirmation invoice and subletting, sharing or assignment is prohibited.
15. CLAIMS AND COMPLAINTS
In the event that you have cause for complaint whilst on charter you must immediately bring it to the attention of the Captain. You must obtain written confirmation from them of the complaint so that we will have the opportunity to correct the matter during the charter.
If your complaint is not resolved during the charter then please contact the Fjord Adventures office. If you fail to follow the complaints procedure in this clause you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify it.
If we/the supplier is unable to resolve matters whilst you are on charter and you remain dissatisfied you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence. If you fail to follow this simple complaints procedure, your right to claim any compensation may be affected or even lost as a result.
If you remain unhappy, you can choose to use the European Commission Online Dispute (ODR) Resolution platform, which can be accessed at http://ec.europa.eu/consumers/odr/, as a means of alternative dispute resolution.
16. CONSUMER PROTECTION
Fjord Adventures is not ATOL protected as we do not supply any flights to our customers and we are not a travel agent.
17. LAW AND JURISDICTION
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only.
18. PROMPT ASSISTANCE
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to you or a third party unconnected with the provision of the arrangements, or as a result of failures due to unusual and extraordinary circumstances, and you suffer an injury or other material loss, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them.
19. PERSONAL INFORMATION AND PRIVACY
Should you wish to stop hearing from us, by email or by any other means, please email us at firstname.lastname@example.org detailing how you wish us to use and store your personal information.
Fjord Adventures is a trading name of Fjord Adventures Ltd and is registered in Scotland under company number SC391960
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