General Terms and Conditions of Spitsbergen Reisen AS
1. Registration, travel confirmation
1.1. With the registration the traveller, Spitsbergen Reisen AS offers the conclusion of a binding travel contract. The registration can be made in writing, orally or by telephone. It shall also be made by the traveller for all participants listed in the registration, for whose contractual obligations the traveller shall be liable as for his own obligations, provided that he has assumed a corresponding separate obligation by means of an express and separate declaration. The traveller is bound to his registration until it is accepted by Spitsbergen Reisen AS, but no longer than 14 days from the date of registration.
1.2 The travel contract shall come into effect upon acceptance by Spitsbergen Reisen AS. The traveller shall receive a written travel confirmation from Spitsbergen Reisen AS. If the content of the travel confirmation deviates from the content of the registration, this will be expressly referred to in the travel confirmation. Spitsbergen Reisen AS is bound to this new offer for 10 days. The contract shall be concluded on the basis of this new offer if the traveller declares acceptance within ten days.
1.3 The present Terms and Conditions of Travel shall apply exclusively to the trips organised by Spitsbergen Reisen AS itself.
1.4 In the case of individual services which are merely brokered as third-party services or trips by third-party organisers which are marked "This trip is organised by a Spitsbergen Reisen AS Partner" in the brochure and are thus declared as trips by a third-party organiser, Spitsbergen Reisen AS shall only act as an intermediary. For these services or trips, the business or travel conditions of the respective foreign contractual partner shall expressly apply.
2 Payment, sending of travel documents
2.1. A down payment of 30% of the travel price becomes due upon conclusion of the contract.
2.2 The down payment will be credited to the tour price by Spitsbergen Reisen AS.
2.3 The remaining tour price is due 60 days before the start of the tour at the latest.
2.4 In the case of bookings made less than 60 days before the start of the tour, the entire tour price is due immediately.
2.5. If the conditions for the due date of the tour price are fulfilled, the traveller is not entitled to the provision of the travel service without full payment of the tour price.
2.6. The travel documents shall be handed over to the Traveller at the Traveller's option upon complete receipt of payment of the travel price or sent by e-mail.
2.7. Spitsbergen Reisen AS shall be entitled to withdraw from the contract and claim damages for non-performance from the Traveller if the Traveller has not paid the due travel price after a reminder and a reasonable period of grace.
2.8 Cancellation compensation, processing and rebooking fees as well as insurance premiums are due immediately.
3.1 The scope of the contractually agreed services results from the descriptions of services on the website of Spitsbergen Reisen AS and the special requests expressly agreed with the traveller as well as the related information in the travel confirmation which subsequently reflects the agreement.
3.2 Spitsbergen Reisen AS expressly reserves the right, for objectively justified, substantial and unforeseeable reasons, to declare a change to specific travel services in the travel advertisement before conclusion of the contract, of which the traveller will be informed before booking.
3.3 For the reasons stated above, Spitsbergen Reisen AS also expressly reserves the right to declare a change in the actual travel price of the tour description prior to conclusion of the contract, of which the traveller will be informed prior to booking.
3.4 Travel agencies and tour guides are authorised to give assurances deviating from the contents of the travel contract or to make agreements which change or supplement the contents of the travel contract. This, however, only for technical weather or safety reasons.
4 Changes in services and prices
4.1 Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract also due to the specific character of trekking and expedition trips and which were not brought about by Spitsbergen Reisen AS against good faith, are permitted.
4.2 Any warranty claims shall remain unaffected insofar as the changed services are defective.
4.3 Spitsbergen Reisen AS shall be obliged to inform the traveller immediately of any changes or deviations in services. If necessary, Spitsbergen Reisen AS will offer the traveller a free cancellation.
4.4. Spitsbergen Reisen AS reserves the right to change the prices quoted and agreed in the booking in the event of an increase in transport costs, in particular fuel costs or charges for certain services, such as port or airport charges and entry fees or a change in the exchange rates (cost factors) applicable to the relevant trip in accordance with the following calculation, whereby the corresponding increase amount is added to the agreed travel price: If the transport costs, in particular fuel costs, existing at the conclusion of the travel contract increase, Spitsbergen Reisen AS shall be entitled to demand the actual amount of the increase from the traveller in the event of an increase relating to the seat of the respective traveller. In other cases, the additional transport costs demanded by the carrier per means of transport shall be divided by the number of seats of the means of transport. Spitsbergen Reisen AS may demand the resulting concrete increase amount from the respective passenger. Insofar as the charges existing at the conclusion of the travel contract, such as port and airport charges or entry fees, are increased, Spitsbergen Reisen AS may demand the respective pro rata, concrete increase amount from the respective traveller. In the event of a change in the applicable exchange rates after the conclusion of the travel contract, Spitsbergen Reisen shall be entitled to demand the corresponding, pro rata, concrete increase in the price from the respective traveller.
4.5 Spitsbergen Reisen AS shall declare such a price change or the change in an essential travel service to the traveller immediately after becoming aware of the reason for the change.
4.6 In the event of price increases of more than 5% or in the event of a substantial change in an essential travel service, the Traveller shall be entitled to withdraw from the travel contract without charges or to demand participation in a trip of at least equal value if Spitsbergen Reisen AS is in a position to offer such a trip from its range of services without additional charge to the Traveller.
4.7. The Traveller shall assert these rights against Spitsbergen Reisen AS immediately after the declaration.
5. Withdrawal by the Traveller
5.1. The Traveller may withdraw from the trip at any time prior to the start of the trip. The date of receipt of the cancellation by the tour operator or the persons responsible for receiving it shall be decisive. Spitsbergen Reisen AS expressly recommends declaring withdrawal in writing.
5.2 If the traveller withdraws from the travel contract or does not commence the journey, Spitsbergen Reisen AS may demand appropriate compensation. The amount of the compensation shall be determined on the basis of the travel price less the value of the expenses saved by Spitsbergen Reisen AS and what it can acquire by using the travel services for other purposes.
5.3 Spitsbergen Reisen AS may fix a compensation for each type of tour in a percentage of the tour price, taking into account the usually saved expenses and the acquisition usually possible through other use of the travel services as well as the proximity of the time of withdrawal to the contractually agreed start of the tour, taking into account the following structure (flat rate): For all tours organised by Spitsbergen Reisen AS up to the 121st day before the start of the tour, a processing fee of CHF 25 or NOK 200 per person as well as from the 120th day before the start of the tour shall be charged. up to the 96th day before the start of the journey 10%, from the 95th to the 46th day before the start of the journey 25%, from the 45th to the 29th day before the start of the journey 35%, from the 28th to the 15th day before the start of the journey 55%, from the 14th to the 7th day before the start of the journey 80%, from the 6th day before the start of the journey 100% of the tour price.For all ship trips/cruises organised/mediated by Spitsbergen Reisen AS up to and including the 90th day before commencement of the journey, compensation of 25% per person shall be payable and from the 89th day up to and including the 60th day before commencement of the journey 50% of the tour price, from the 59th day up to and including the day of departure 100% of the tour price.
5.4 The Traveller reserves the right at all times to prove that the damage suffered by Spitsbergen Reisen AS is in fact less or that the saved expenses of Spitsbergen Reisen AS are higher or that no damage has occurred at all.
5.5 Until the start of the journey, the Traveller may demand that a third party takes over the rights and obligations arising from the travel contract instead of him. Spitsbergen Reisen AS may object to the entry of the third party if the latter does not meet the special travel requirements or if its participation is contrary to statutory regulations or official orders. If a third party enters into the contract, he and the traveller shall be jointly and severally liable to Spitsbergen Reisen AS for the travel price and the additional costs incurred as a result of the entry of the third party.
6. Cancellation and termination by the tour operator
Spitsbergen Reisen AS may withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases:
6.1. Spitsbergen Reisen AS may terminate the travel contract for good cause without observing a period of notice. Tour guides or local representatives of Spitsbergen Reisen AS are authorised to declare the termination. An important reason may be given, in particular, if the traveller does not meet the special travel requirements announced in advance or if he or she permanently disrupts or endangers the course of the trip through his or her conduct and is not helped or can not be helped even after a warning has been issued. In the event of such termination, Spitsbergen Reisen AS shall in principle retain its claim to the tour price, but shall be entitled to offset the value of the saved expenses as well as those benefits obtained from any other use of the services not used, including the amounts credited to it by the service providers.
6.2 In the event of the failure to reach a minimum number of participants as advertised or specified by the authorities, Spitsbergen Reisen AS may withdraw from the travel contract if a minimum number of participants is referred to in the travel advertisement for the relevant trip. In any case, Spitsbergen Reisen AS is obliged to inform the traveller immediately after the prerequisite for the non-execution of the trip has occurred and to forward the declaration of withdrawal to the traveller immediately. Spitsbergen Reisen AS may withdraw from the trip if the minimum number of participants specified in the travel advertisement is not reached.
7 Higher Powers
7.1 Spitsbergen Reisen AS may terminate the travel contract in the event of unforeseeable force majeure, if this would complicate, endanger or impair the journey. In this case, the traveller is also entitled to terminate the contract. If the contract is terminated, Spitsbergen Reisen AS may demand appropriate compensation for the travel services rendered or still to be rendered for the termination of the trip.
7.2 Furthermore, Spitsbergen Reisen AS shall be obliged to take the necessary measures, in particular if the contract includes return transport, to return the passenger. The additional costs for the return transport shall be borne by the customer. Otherwise, the additional costs shall be borne by the traveller.
8 Liability of the tour operator
8.1. Spitsbergen Reisen AS shall be liable within the framework of the duty of care of a prudent businessman for: - conscientious travel preparation; - the careful selection and supervision of the service providers; - the proper provision of the contractually agreed travel services, insofar as Spitsbergen Reisen AS itself is a tour operator.In the event that Spitsbergen Reisen AS is merely an agent for travel services, it shall, with the diligence of a prudent travel agent, - procure the travel services arranged and, for this purpose, endeavour to conclude the contract, - provide the necessary advice and information and - do everything in its power to execute the main contract properly.
9.1 If the trip is not performed in accordance with the contract, the traveller may demand remedy. The tour organizer can refuse the remedy if it requires a disproportionate effort. The tour operator can also remedy the situation by providing an equivalent substitute service. The tour operator can refuse the remedy if it requires a disproportionate effort.
9.2 The traveller can demand a corresponding reduction in the tour price (reduction) for the duration of a non-contractual provision of the tour. The travel price is to be reduced in the ratio in which the value of the trip in defect-free condition would have been at the time of the sale to the actual value. The reduction does not occur if the traveller culpably fails to report the defect.
9.3 If a trip is significantly impaired as a result of a defect and the tour operator does not remedy the situation within a reasonable period, the traveller can terminate the travel contract within the framework of the statutory provisions - in his own interest and for reasons of preserving evidence by means of a written declaration. The same applies if the traveler cannot be reasonably expected to travel due to a defect for an important reason recognisable to the tour operator. It is only not necessary to set a deadline for the remedy if remedy is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the traveller. He owes the tour operator the compensation for the services used. He shall owe the tour operator the part of the tour price attributable to the services used, insofar as these services were of interest to him.
9.4 Without prejudice to the reduction or termination, the traveller may claim damages for non-performance, unless the deficiency in the tour is due to a circumstance for which the tour operator is not responsible.
10 Limitation of liability
10.1 The contractual liability of Spitsbergen Reisen AS for damages other than personal injury is excluded.
10.2 Spitsbergen Reisen AS shall not be liable for claims for damages by the traveller in tort which are not based on intent or gross negligence.
10.3 Spitsbergen Reisen AS shall not be liable for disruptions in connection with services which are merely brokered as third-party services and which were expressly marked as third-party services in the travel advertisement.
10.4 A claim for damages against Spitsbergen Reisen AS shall be limited or excluded to the extent that a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions due to international conventions or statutory provisions based on such conventions and applicable to the services to be rendered by a service provider.
11 Exclusion of claims and statute of limitations
11.1 Claims due to non-contractual performance of the trip must be asserted by the Traveller against Spitsbergen Reisen AS, Postboks 75 N-9171 Longyearbyen within one month of the contractually agreed end of the trip. After expiry of the period, the Traveller may assert claims if he has been prevented from observing the period through no fault of his own. Claims of the traveller are subject to a limitation period of one year. The statute of limitations begins on the day on which the trip should end according to the contract.
12. Obligation to cooperate
12.1 The Traveller is obliged to cooperate within the framework of the statutory provisions in the event of service disruptions, to avoid possible damage or to keep it to a minimum. In case of complaints he is obliged to inform the local tour guide immediately. The latter shall be instructed to provide remedy, if this is possible.
13. Passport, visa and health regulations
13.1. Spitsbergen Reisen AS undertakes to inform citizens of the country in which the trip is offered about the necessary passport and visa requirements, in particular about the deadlines for obtaining these documents as well as their possible changes before the start of the trip. For nationals of other countries, other passport and visa requirements may apply and the relevant consulate may provide information. In addition, Spitsbergen Reisen AS undertakes to inform the traveller about the necessary health formalities and any changes thereto before the start of the journey.
13.2 Spitsbergen Reisen AS shall not be liable for the timely issue and receipt of necessary visas by the respective diplomatic representation.
13.3 The traveller shall be responsible for compliance with all regulations important for the execution of the journey. In particular, this shall also apply to the correct spelling of the traveller's own name as well as the names of any participants listed in the registration, for whose contractual obligations the traveller is responsible as for his own obligations, in accordance with the official spelling in the passport.
13.4 All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by the traveller, unless they are caused by culpable misinformation or non-information of Spitsbergen Reisen AS.
14 Validity of the information on the Internet platform www.spitzbergen-reisen.no
14.1. All information on the website concerning services, programmes, dates, prices and travel conditions corresponds to the status as of September 2017.
14.2. With the publication of a new brochure or Internet offers for which no change has been made to AGB´s, all previously published travel information loses its validity.
15 Informing the passenger of the identity of the operating air carrier
15.1 Spitsbergen Reisen AS is obliged, by informing passengers of the identity of the operating air carrier, to inform the passenger of the identity of the operating air carrier(s) when booking the air carriage journey. If the identity of the operating air carrier is not known at the time of booking, Spitsbergen Reisen AS is obliged to inform the traveller of the name(s) of the air carrier(s) likely to operate the flights concerned. As soon as Spitsbergen Reisen AS becomes aware of the identity of the operating air carrier(s), it will inform the passenger of the identity of the operating air carrier(s). If the operating air carrier(s) is/are changed after reservation, Spitsbergen Reisen AS for air transport shall immediately take all reasonable steps, irrespective of the reason for the change, to ensure that the passenger is informed of the change as soon as possible. In any event, the passenger shall be informed at check-in or, if check-in is not required for a connecting flight, at boarding. Spitsbergen Reisen AS shall ensure that, for air carriage, the passenger concerned is informed of the identity of the air carrier(s) as soon as that identity is established, in particular in the event of a change of air carrier. The Community list of air carriers subject to an operating ban within the Community published by the European Community is currently available on the Internet or on request from Spitsbergen Reisen AS.
16. Invalidity of individual provisions
16.1 The invalidity of individual provisions of the travel contract shall not invalidate the entire travel contract.
17 Place of jurisdiction
17.1. The registered office of Spitsbergen Reisen AS shall be Longyearbyen on Spitsbergen. The Traveller may sue Spitsbergen Reisen AS only at its registered office or at the Local Court of Tromsø.
17.2 The Local Court of Tromsø shall be competent for sue by Spitsbergen Reisen AS against the Traveller.
18.1 Errors in price quotations and dates are reserved. (as of September 2017)
19 Tour operator
Spitsbergen Reisen ASPostboks 75 N-9171Longyearbyen Local Court Tromsø (Norwegian law) managing director: Marcel Schütz
Stand 24. September 2017