Travel conditions

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Travel conditions - Sailing trip

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GENERAL CONDITIONS OF TRAVEL FOR PACKAGE TOURS

The trip is subject to the general terms and conditions of the Swedish Association of Travel Agencies and Tour Operators (SRF) agreed within the industry on June 28, 2018 and the organizer's special terms and conditions, which are stated below. The special conditions are indicated in italics. More Sailing is hereafter referred to as the Tour Operator. The Tour Operator is entitled to apply special conditions that deviate from the general ones, if the application of special conditions is justified by the special nature of the trip, special provisions on the mode of transport (such as booking and sales conditions for scheduled flights), deviating accommodation conditions due to the special nature of the trip or special circumstances at the destination. The special conditions must not contravene the Package Travel Act to the detriment of the traveler. The general and special conditions are part of the contract.

1. THE CONTRACT

1.1 The contract becomes binding on the parties when the organizer has confirmed the traveler's order in writing, unless otherwise agreed. The organizer shall confirm the traveler's order without delay. The right of withdrawal does not apply to package travel agreements.

1.2 The principal traveler is the person in whose name the agreement has been made. The principal traveler is first indicated in the travel documents or in another clear manner. The principal passenger is liable for payment under the contract. All changes and possible cancellations must be made by the principal passenger. Exceptions can be made if the principal traveler becomes seriously ill and cannot carry out the change or cancellation. The main traveler is responsible for providing the organizer with correct booking details for other travelers covered by the contract. Any refund will be made to the main traveler.

1.2.1 The principal traveler is responsible for sharing information with any fellow travelers.

1.3 If the traveler is under 18 years of age and traveling without a guardian, this must be stated at the time of booking. Some trips may require an age limit that may be higher than 18 years. Information is provided at the time of booking.

1.4 The departure and return times in the booking confirmation are provisional. The organizer shall specify the departure times that will apply to the trip as soon as possible and if possible no later than 20 days before departure.

1.5 The organizer shall provide general information on passport and visa requirements.

1.6. the organizer shall provide general information on health regulations for the destination

1.7 Connecting travel or special arrangements are included in the package travel contract only if they are booked together and at the same time with the services included in the package travel or if they are sold together with other services for a total price.

1.8 Any requests or special services at the traveler's request are included in the contract only if they are expressly confirmed in writing by the organizer.

1.9 The traveler is obliged to check the booking confirmation/travel documents as soon as they are received and that all information is correct, including that names are spelled correctly and correspond to the passport. Any inaccuracies must be reported as soon as possible. The organizer reserves the right to charge a fee corresponding to the actual cost of correcting incorrect information plus reasonable compensation for the additional work involved in the correction. If the inaccuracy is due to the organizer or someone he has hired, the correction shall be made at no cost to the traveler.

1.10 The principal traveler shall immediately notify the organizer of any changes of address, e-mail address, telephone number or other information of importance to the organizer's ability to contact the traveler.

1.11 For some trips, a minimum number of participants is required for the trip to be completed. In such cases, the traveler must be clearly informed of this at the latest at the time of booking.

1.11.1 The minimum number of participants is that 60% of the seats on board must be booked. It is up to the tour operator to decide whether the trip should be carried out or not in the event of a lower proportion of booked seats.

1.12 If air tickets are part of the package, they must be used in the correct order. Thus, the traveler cannot use only a return ticket when both round-trip and return flights are booked or only part of a flight leg. If the ticket is not used from the start, the remaining parts will be canceled.

1.12.1 Airline tickets are subject to the airline's own terms and conditions, which means that the ticket is not rebookable or refundable.

1.12.2 In cases where the traveler has booked a trip without a flight or booked a flight with earlier arrival or later return, the traveler is responsible for the cost of accommodation and transfers. In the case of special arrangements around flights, the organizer does not book transfers for the traveler, this is booked and paid by the traveler himself.

2. PRICE AND PAYMENT

2.1 The price shall be stated in such a way as to clearly indicate the price of the entire trip. The price must include all services included in the contract as well as mandatory supplements, taxes and fees.

2.1.1 The tour operator reserves the right to make any printing errors in the brochures/website and reserves the right to make changes without prior notice.

2.2 The traveler shall pay the price of the trip no later than the date indicated on the booking confirmation.

2.3 In connection with the booking confirmation, the organizer may charge a first partial payment (registration fee). The registration fee must be reasonable in relation to the price of the trip and the other circumstances.

2.3.1 The registration fee is payable directly at the time of booking or no later than 10 days after the booking has been confirmed. The amount is 10% of the price of the trip.

If the booking is made less than 180 days before departure, 40% of the trip is paid within 10 days of booking.

30% of the trip is paid no later than 180 days before departure 60% of the trip is paid at least 40 days before departure.

2.3.2 If the traveler has received an extension of the registration fee when registering, this must be stated on the booking confirmation with details of the latest payment date. The registration is nevertheless binding on the traveler and the minimum cancellation fee is still 40% of the price of the trip.

2.3.3 Final payment must be received by the tour operator no later than 40 days before departure.

2.4 If the traveler does not pay the price of the trip in accordance with the agreement, the organizer has the right to cancel the agreement and charge reasonable compensation.

2.5 Unless otherwise expressly stated, the price of the trip is based on accommodation for two persons in a shared double room. In the case of accommodation for only one person in a double room or a larger room intended for more than one occupant, the organizer is entitled to charge an additional fee.

2.5.1 Booking a single room does not mean that the traveler has the right to choose a room on board the boat, but the boat's crew assigns the traveler his cabin.

2.6 The organizer is also obliged to inform the traveler of any costs that may be incurred.

3. THE TRAVELER'S RIGHT TO CHANGE AND CANCEL

3.1 The traveler has the right to change the contract if the organizer allows this. Changes to the agreement may incur additional costs for the traveler from the organizer or others.

3.2 The traveler has the right to cancel the trip. The organizer reserves the right to request compensation from the traveler for the costs incurred by the organizer as a result of the cancellation. The organizer may set reasonable standardized cancellation fees based on the time of cancellation. If the organizer has not set any standardized cancellation fees, the organizer is entitled to a reasonable cancellation fee.

3.2.1 Cancellation fee for the traveler:
In case of cancellation 40 days or more before departure, 40% of the price of the trip is payable.
In the event of cancellation 39-0 days before departure, 100% of the price of the trip is payable.

3.2.2 When booking a whole boat by a closed party, an individual traveler cannot cancel their part of the trip at a cancellation fee other than 100% of the price of the trip.

3.2.3 The organizer offers the separate option of taking out cancellation insurance. The insurance must be taken out before the registration fee for the trip is paid; the registration fee must be paid before the due date.

3.2.4 Cancellation of the trip must be made in writing by the booking manager.

3.2.5 All changes to the trip must be made in writing, agreements by telephone must also be confirmed in writing.

4. THE TRAVELER'S RIGHT TO TRANSFER THE CONTRACT

4.1 The traveler may transfer the contract to someone who meets all the conditions for participation in the trip. Such a condition may, for example, be that the transport company or other party engaged by the organizer in accordance with applicable rules must accept a change of traveler. The passenger must notify the organizer or retailer of the transfer in reasonable time before departure. Notification made at least seven days before departure is always considered to have been made in reasonable time.

4.2 The organizer may charge a reasonable fee for the transfer. The fee may not exceed the costs that the transfer entails for the organizer. The organizer must show how the cost was calculated.

4.3 The transferor and transferee are jointly and severally liable to the organizer or retailer for all outstanding payments for the trip and for the additional costs arising from the transfer.

5. CHANGES BEFORE DEPARTURE

5.1 Changes to the terms of the contract
The organizer is entitled to make changes to the contract provided that the organizer informs the traveler of the change in a clear, understandable and clear manner on a durable medium. If the change is insignificant, such as minor changes to flight times, the traveler is not entitled to a price reduction or damages. In case of significant changes to the trip, the traveler must, if possible, be offered an alternative trip or the right to terminate the contract without a cancellation fee.

5.1.1 A change of boat model is not a substantial change to the trip.

5.1.2 The timetable is provisional until 2 days before departure. Changes to the provisional times are notified to the traveler as soon as possible. Changes to the provisional timetable do not entitle the traveler to a price reduction, replacement travel, damages or other compensation.

5.2 Changes to the price
5.2.1 The organizer may increase the price of the trip if the increase is due to changes in fuel costs, taxes and public charges or exchange rates.

5.2.2 The price of the trip may be increased by an amount corresponding to the traveler's share of the cost increase incurred by the organizer. There is only a right to a price increase if the total cost increase exceeds SEK 100 per booking.

5.2.3 The price of the trip shall be reduced if the organizer's costs, for reasons stated above, decrease by a total of at least SEK 100 per booking. In the event of a price reduction, the organizer may deduct actual administrative costs.

5.2.4 The organizer shall notify the traveler of the price changes as soon as possible. The notification must include a justification for the change and a calculation.

5.2.5 The price may not be increased and need not be reduced during the last 20 days before the agreed departure date.

5.2.6 The organizer may, in its special conditions, waive the right to increase the price under 5.2.1. In that case, the organizer does not have to reduce the price under 5.2.3.

5.3 Traveler's right to terminate the contract without a cancellation fee

5.3.1 If the traveller wishes to terminate the contract due to a substantial change, e.g. if the price is increased by more than 8% of the total price of the package tour, the traveller must notify the organiser that the contract is terminated within a reasonable time specified by the tour operator from the time the organiser informed the traveller of the change. If the traveler does not do so, the traveler will be bound by the new contract.

5.3.2 If the package travel contract is terminated, the organizer must refund the full price of the trip without undue delay and no later than 14 days after the contract was terminated.

5.4 The organizer's and traveler's right to terminate the contract in the event of unavoidable and extraordinary events. Both the organizer and the traveler have the right to terminate the contract if the implementation of the package tour or the transport of passengers to the destination is significantly affected by unavoidable and extraordinary events at the destination or in its immediate vicinity. Unavoidable and extraordinary circumstances include, for example, serious security problems such as war, terrorism, outbreaks of serious illness or natural disasters. In such cases, the traveller has the right to terminate the contract without paying a cancellation fee. If the organizer terminates the contract in accordance with this paragraph, the traveller is not entitled to damages. In such cases, the traveler is entitled to a full refund in the manner set out in 5.3.2.

5.4.2 The traveler is not entitled to terminate the contract if the unavoidable and extraordinary events were generally known at the time the contract was concluded.

5.4.3 In order to investigate whether the event is of such a serious nature as stated above, expert Swedish or international authorities shall be consulted. From 14 days before departure, a valid advice from the Ministry of Foreign Affairs is grounds for termination if the advice covers the time of the traveler's trip. A valid advice from the Ministry of Foreign Affairs shall also be considered grounds for termination if it is otherwise clear that the circumstances on which the advice is based affect or will affect the destination at the time of the traveler's trip.

6. THE ORGANIZER'S RESPONSIBILITY FOR THE IMPLEMENTATION OF THE PACKAGE TOUR

6.1 Non-performance
If a travel service is not performed in accordance with the contract, the organizer must remedy the defect within a reasonable time. However, the organizer is not obliged to remedy the defect if it is impossible or if remedying the defect would incur disproportionate costs. If the organizer does not remedy the defect, the traveler may be entitled to a price reduction and damages.

6.2 Significant defects
6.2.1 If, after departure, a substantial part of the agreed services cannot be provided, the organizer shall, if possible, arrange equivalent or at least equivalent alternatives at no extra cost to the traveler. If the organizer cannot offer this, the organizer may offer lower quality alternatives in conjunction with a reasonable price reduction. The traveler may only reject such alternatives if they cannot be considered comparable to those that would have been provided under the contract or if the offered price reduction cannot be considered reasonable.

6.2.2 If the organizer cannot offer any alternative or if the traveler is entitled to reject such alternatives under 6.2.1, the traveler may be entitled to a price reduction and damages.

6.2.3 In the event of errors that significantly affect the implementation of the package tour and which the organizer has not remedied within a reasonable time, the traveler may terminate the contract and may also be entitled to price reductions and damages.

6.2.4 If the organizer cannot offer any alternative or if the traveler has the right to reject such alternatives under 6.2.1, or if the traveler has terminated the contract under 6.2.3, the traveler is entitled to equivalent home transport without undue delay and at no extra cost if the package tour includes transport and the traveler is at the destination.

7. ON PRICE REDUCTIONS AND DAMAGES

7.1 No price deduction will be made if the organizer can show that the fault is due to the traveler.

7.2 The traveler is not entitled to damages if the organizer proves that the fault is due to the traveler or to third parties unrelated to the provision of travel services included in the package tour, or if the fault is due to unavoidable and extraordinary events.

7.3 If the fault is due to someone hired by the organizer, the organizer is free from liability under these travel conditions only if the person hired by the organizer would also be free under that provision. The same applies if the fault is due to someone else in an earlier stage.

7.4 The right to damages due to the organizer canceling the trip does not exist if the organizer shows that fewer people than a minimum number specified in the agreement have registered for the trip and the traveler is notified in writing within a time specified in the agreement that the trip has been canceled.
Notification of the cancellation of a journey must be given no later than
- 20 days before departure if the trip lasts more than 6 days
- 7 days before departure if the journey lasts between 2 and 6 days
- 48 hours before departure if the journey lasts less than 2 days

7.5 Compensation under these terms and conditions includes compensation for pure financial loss, personal injury and material damage. The passenger is obliged to limit the damage as far as possible.

7.6 Unless otherwise limited by the Package Travel Act or other mandatory legislation, the organizer's liability for damage is limited to three times the price of the package tour. However, this limitation does not apply in the event of personal injury or damage caused intentionally or through negligence.

7.7 The boat's insurance covers damage to the boat including equipment and liability to third parties, but not the participants' personal damage and belongings. Therefore, please check your home insurance to see if travel insurance is included or take out travel insurance to extend the cover.

8 CLAIMS

8.1 The traveler may only claim defects in the agreed services if he or she notifies the organizer or retailer of the defect within a reasonable time after he or she noticed or should have noticed the defect. This must be done as soon as possible and if possible at the destination. When determining any price reduction or compensation for damages, the time when the traveler complained is taken into account if such a notification would have meant that the organizer could have remedied the error.

8.2 Notwithstanding paragraph 8.1, the traveler may invoke errors if the organizer or retailer has acted with gross negligence or contrary to good faith.

9. TRAVELER'S LIABILITY DURING THE TRIP

9.1 The organizer's instructions
The traveller is obliged to follow the instructions for the trip provided by the tour guide or by another person engaged by the organizer. The traveller is obliged to respect the rules of order that apply to the trip and at the destination and to behave in such a way that fellow travellers or others are not disturbed. If the traveler materially violates this, the organizer may cancel the contract without the traveler being entitled to compensation or refund.

9.2 Traveler's liability for damage
The traveler is liable for any damages due to damage that the traveler negligently causes the organizer

9.3 Traveler's liability for formalities

9.3.1 The traveller is responsible for complying with the necessary formalities for the trip, such as possession of a valid passport, visa, vaccinations and insurance.

9.3.2 For all transportation services included in the package tour, the traveller must have completed check-in in accordance with the itinerary or other instructions from the organizer or carrier.

9.3.3 The traveler is responsible for all costs incurred due to deficiencies in the aforementioned formalities, such as repatriation due to lack of passport, unless the deficiencies are caused by incorrect information from the organizer or retailer.

9.3.4 The traveller is responsible for taking note of information provided by the organizer. The main traveler is responsible for sharing this information with any fellow travelers.

9.4 Deviation from the arrangement
A traveler who deviates from the arrangement after the trip has begun is obliged to notify this to the organizer or his representative.

10. THE ORGANIZER'S OBLIGATION TO PROVIDE ASSISTANCE

If the traveler is in difficulty during the trip, the organizer is obliged to provide appropriate assistance without undue delay. Such assistance may include, for example, information on health services, local authorities and consular assistance. The organizer is entitled to charge a reasonable fee for such assistance if the situation was caused intentionally or through negligence on the part of the traveller.

11. DISPUTE RESOLUTION
The parties should try to resolve any dispute concerning the interpretation or application of the contract on their own. If the parties cannot agree, the dispute can be reviewed by the General Complaints Board (ARN), Box 174, 101 23 Stockholm, www.arn.se, or by a general court. A dispute can also be examined via the European Commission's online platform: http://ec.europa.eu/odr.

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