1: Tour operator / Travel guarantee System
Spitsbergen Travel A/S, hereafter referred to as the Operator, address P.O. Box 548, 9171 Longyearbyen, is the arranger of travel with responsibilities as specified hereunder. We are a member of the travel agent organisation ‘Den Norske Reisebransjeforeningen’ and have provided a guarantee to the ‘Reisegarantifondet’ (The Norwegian Travel Guarantee Fund) at Postbox 227 Sentrum, 4001 Stavanger, pursuant to the Package Tours Act.
2: Booking and changes to booking
Bookings shall be sent in writing directly to the Operator. The Trip application form should be used. This form should also be used for bookings from travel agencies. A booking is binding once a written confirmation is received, and from that point a travel agreement exists between the parties, and the Operator’s terms and conditions are applicable. The Operator is then liable to deliver the booked products/arrangement, and the customer is financially liable for the booking. At the time of making a booking, you confirm that you have the authority to accept the regulations for both your self and any other participants on the booking. You accept the responsibility for payment to the Operator for both yourself and the other participants on your booking.
You are personally responsible for checking that the reservation is in accordance to your booking. As the booking party you have an obligation to make sure that all names in the documentation are correct as per the passports of all members of your group. You will also be responsible for ensuring that all members of the travel group are kept informed as to what is booked and kept up to date of any changes.
Should a booking be changed after the confimation has been sent, an alteration fee of NOK 300 will be charged to you. Airline tickets can not be changed after they have been issued.
3: Payment
Payment of cruise and expedition bookings:
Once the Tour Application form has been received, a confirmation will be sent along with a deposit invoice of 10% of the total. This will be sent by post or email to the contact person. The final invoice will be issued approximately 10 weeks before date of arrival, and this payment will be due 8 weeks before date of arrival. If a credit card number has been provided with the booking, the invoiced sum will be drawn from that credit card on the due date for the invoice. In the case of booking less than 8 weeks prior to arrival date the full sum will be due immediately.
Payment of flights, room/accommodation and day trips:
Once the Tour Application form is received you will be sent a confirmation from the Operator. The sum will be drawn on the given credit card approximately 1 month before start of travel/booked activities, unless stated otherwise in the confirmation from the Operator.
4: Cancellation by customer
Cancellation must be sent in writing (by post, fax or email). Once we receive the cancellation we will refund the tours price minus the below listed percent charge to cover loss in connection to the cancellation, based on when the cancellation is received.
Cancellation charges for cruise and expedition bookings:
For individual bookings; 1 – 9 participants in one booking:
- 56 days or more before departure: 10 % (charge equivalent to paid deposit)
- 55 – 42 days before departure: 30% charge
- 41 – 28 days before departure: 60% charge
- 27 – 14 days before departure: 90% charge
- Less than 14 days before departure: 100% charge
For group bookings; 10 or more participants in one booking:
- 120 days or more before departure: No charge
- 120 – 60 days before departure: 50% charge
- Less than 60 days before departure: 100% charge*
* Also applicable for no--show
Cancellation charges for packages with flights and accommodation:
For individual bookings; 1 – 9 participants in one booking:
Cancellation before issuing of airline tickets: NOK 300 per person
Cancellation after issuring of airline tickets: No refunds
Airline tickets can not be changed after issuing.
Cancellation charges for day trips/activities:
For cancellation of individual bookings; 1 – 9 particpants in one booking:
- 22 days or more before activity: Full refund
- 21 – 8 days before activity: 50% refund
- 7 – 0 days before activity and no-show: No refund
To refund the sum we require details such as name, address, country, account number and name and adress of your bank. BIC/SWIFT and IBAN codes will be required for refunds to bank accounts outside of Norway.
5: Cancellation protection
At the time of booking the customer can also purchase cancellation protection from the Operator, which provides for refund of the booking minus an administration fee of NOK 850. This cancellation protection costs 6% of the total booking cost per person. The cancellation protection must be booked at the same time as the booking it applies for, and can not be cancelled.
Cancellation protection gives the customer the right to cancel their booking before travel should a sudden and serious illness, accidental injury eller death occur in the immediate family of the insured person which makes it impossible or inadvisable to carry out the booked activity. The right to cancel also applies if the obstacle to travel affects others in the booked group where it would be unreasonable to expect the customer to go through with the booked activities without the person concerned. In this case each member of the group must have purchased cancellation protection. This protection also covers incidents that are of a sudden and serious nature, where the customer was unaware, or could not be expected to have been aware, of the issue when the agreement was entered into, and which make it unreasonable to expect the customer to carry out their bookings. The customer must notify the Operator as soon as possible in regards to the cancellation and provide documentation regarding the cancellation.
6: Liability
Spitsbergen Travel A/S is the liable tour operator. The company works with other companies and accommodation providers which are a part of the tour arrangement and cannot be held liable for circumstances affecting these companies, or for delays, losses, damages or costs which are due to circumstances which are out of the Operator’s control. We reserve the right to adjust a tour program with the safety and comfort of participants in mind. Changes may also be made in order to assist other ships, groups or stranded people. Reciprical assistance is common practice in Polar areas, and must be seen as a part of the experience, as long as the main principal content of the tour can not be said to be substantially reduced due to the incident. The demanding work conditions in the Arctic can lead to delays for ship and aeroplane traffic. It is important that the Operator has use of several ships as regards general safety and the possibility to solve logistical problems (including delays, ice, weather and mechanical problems). Participants must be prepared for possible changes to the program; however the Operator will endeavour to follow the planned program as closely as is reasonably possible. The Operator reserves the right to make use of alternative means of transport and accommodation providers to those given in the program.
7: Customer’s responsibilities
The participants are personally responsible for assessing whether they are physically and mentally fit to take part in the booked tour. The customer must comply with the regulations for conduct and must obey instructions given to them by the Operator and guides. Spitsbergen Travel A/S reserves the right to refuse to allow a guest to participate in a tour when that participant presents a threat to the safety of either themselves or other participants, or when the customer behaves in a manner which is highly annoying or is a nuisance for other tour participants.
8: Changes to pricing
Please not that pricing can be adjusted without warning. After receipt of a confirmed reservation the price of a tour can be adjusted up to 20 days before departure due to unexpected changes in government fees, taxes or transport costs. If this price change is more than 10% of the original price the customer will be given the right to cancel their tour and receive a full refund.
9: Cancellation / Changes to program
The Operator reserves the right to cancel any departure or tour up until the departure date as a result of force majeure or other similar circumstances which lie outside of the Operator’s control and result in it being impossible to carry out the tour. The Operator also reserves the right to cancel tours where the minmum number of participants for the tour has not been reached. Should a cancellation occur due to the lack of participants then the reimbursement to booked participants will be limited to the sum that was paid by that participant to the Operator. Airline tickets or other services not booked through the Operator will not be covered by Spitsbergen Travel.
10: Complaints or claims
Should a customer believe that they have a reason to complain about an arrangement they must immediately notify Spitsbergen Travel’s staff so that they can endeavour to rectify the issue during the arrangement.
After this, the claim or or complaint must be sent in writing to Spitsbergen Travel within 30 days from the incident. Failure to due this may result in it being impossible to investigate or alter the situation, and this can affect the customer’s rights. Unless otherwise stated in an applicable law, the customer’s claim will be obsolete as per the statute of limitations if the case is not begun within two years of the applicable tour.
If the customer believes that the Operator’s response is unreasonable then they can, within four weeks of receiveing the response, send the case to Pakkereisenemda NRF, Postboks 2924 Solli, 0230 Oslo.
11: Jurisdiction and legal hearings
Any proceedings against the Operator must be regulated by Norwegian law. The purchaser accepts the Oslo Tingrett (Oslo District Court) as the legal venue.
12: Insurance
The Operator is insured against third party risk via their insurance agent. We have also provided a guarantee to the Sysselmann on Svalbard for costs in regards to resue operations. The customer must have normal travel insurance to particpate in this travel. Many people already have year round travel insurance as a part of a larger insurance package or individually.
13: Erratum/Printing errors
All information is subject to reservation due to errors on Spitsbergen Travel’s websites, as well as in catalogues and other written material.