Terms and conditions of Tromsø Accessible Tours AS

Tromsø Accessible Tours AS

Our Philosophy

Our promise to you is that we are going to do everything possible to ensure that you get the best possible tours, in terms of accessibility, comfort and experience. We also want to make sure you can book with confidence and we will always work with you to solve any problem that may arise before or during your trip.

We believe that in almost every scenario where a problem may arise, we will be able to find the right and fair solution by discussing it with you directly. However the world we live in is not always simply based on trust and we would be foolish if we did not put the necessary legal clauses to cover all scenarios. We could not afford a big legal team to do this, and even if we could we would rather spend the money on building more accessible projects, so instead we adapted the terms and conditions of some of the other major online tour provider companies and applied it to ourselves.

Introduction

Tromsø Accessible Tours AS (“TAT” or “we” or “us” or “the company”) with registered office at Petersborggata 28, 9009 Tromsø, Norway, acts as an agent in order to provide travel services in the arctic region.

These Terms and Conditions (“T&C”) govern the agreement between the Client, (“you” or “the client”), and TAT. By booking activity(ies), tour(s) and/or overnight stay(s) with us, you agree to be bound by these Terms and Conditions. Please read them carefully and make sure you understand and abide by them.

The following T&C apply for the duration of the contract between TAT and the client.

TAT may use service providers and subcontractors (“service provider” or “partners”) and thus operate as an agent. Bookings through TAT, where service providers are used, are subject to both the Terms and Conditions set out herein, as well as the specific booking conditions and Terms and Conditions of the Service Provider. Please also read the terms and conditions of the Service Provider carefully. The terms and conditions of other Service Providers may limit the Service Providers’ liability.

When TAT operates as an agent, TAT is not responsible for any claims against the Service Provider.

Jurisdiction

TAT is a Norwegian company and operates under Norwegian law. Your booking together with these terms and conditions shall be subject to Norwegian Law.

Contact Information:

TROMSØ ACCESSIBLE TOURS AS

Petersborggata 28 | 9009 TROMSØ | NORWAY

Tel: +47 939 6 2992

Mail: info@tromsoaccessibletours.com

Web: www.tromsoaccessibletours.com

Org #: 925 713 805

Package travels

TAT provides package travels and linked travel arrangements, in accordance with the Norwegian Package Travel Act:

• A package travel is a booking, which consists of a combination of at least two travel services, such as: (a) accommodation, (b) transport, (c) hire of transportation, including motor vehicles, and/or (d) other tourist services.

In order to be considered a package travel, the arrangement must cover a period of 24 hours or include overnight accommodation. 

• Further, it is only a package travel if:

(i) it is bought in one single booking;

(ii) it is offered, sold or charged at an inclusive or total price; 

(iii) it is advertised or sold as a “package” or a similar term; 

(iv) it is combined after the conclusion of a contract, by which the trader gives the traveller the right to choose among a selection of different types of travel services; or 

(v) it is purchased from several traders through linked online booking processes, where the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded, to another trader or traders, and a contract with one of the latter traders is concluded no later than 24 hours after the booking for the first travel service has been confirmed.

• If you buy a combination of travel services, which consists of either (a), (b) or (c) and (d) (a tourist service), this will only be a package travel if the tourist services:

(i) constitute a significant proportion of the combination’s value, advertised as, or in any other way constitute, a substantial element of the combination; or

(ii) are selected or bought before the performance of a travel service in (a), (b) or (c). 

TAT also provides linked travel arrangements:

A linked travel arrangement are two travel services, as defined in (a), (b), (c) and (d), purchased for the same trip or holiday, leading to separate contracts being concluded with each individual travel service provider, if the trader:

(i) facilitates the traveller’s separate choices and separate payments for each travel service during one single visit to or contact with the trader’s point of sale; or

(ii) in a targeted manner facilitates the purchase of at least one additional travel service from another trader, when a contract with the other trader is concluded no later than 24 hours after the booking of the first travel service has been confirmed.

If the combination of the linked travel arrangement is made up by either (a), (b) or (c) and (d) (a tourist service), it is a linked travel arrangement only if the tourist services constitute a significant proportion of the combination’s value, or are advertised as or in some other way constitute a significant element of the combination

When providing a package travel or linked travel arrangement, the Norwegian Package Travel Act applies.

In such an event, TAT will provide you with information on the main characteristics of the travel package, including: 

– the destination, travel route and duration of the stay, with dates and the number of nights included in the accommodation; 

– means of transport, type of transport and transport categories, places, dates and times of departure and return, places where intermediate stops are made and their duration, as well as transport connections. If the exact time is not yet determined, the trader shall inform the traveller of the approximate time of departure and return;

– the location of the accommodation, its main characteristics and, if relevant, its category pursuant to the rules of the country of destination;

– meals included;

– visits, excursions or other services that are included in the total price agreed for the travel package;

– if not apparent from the context, whether any of the travel services are provided to the traveller as part of a group, and, if so, the approximate size of the group, if this may be specified,

– whether the traveller’s benefit of other tourist services depends on effective oral communication, the language in which these services will be provided in; and

– whether the trip or holiday in general is suitable for persons with reduced mobility and, upon the request of the traveller, precise information about the suitability of the trip or holiday for the traveller concerned

Further, TAT will provide you with information on

– the business name, physical address, telephone number and email address of the organiser and, if relevant, of the retailer;

– the total price of the travel package, including taxes and any additional charges, fees and other costs. If the costs cannot reasonably be calculated before the contract is concluded, the type of additional costs the traveller may still have to pay shall be specified;

– payment terms, including the amount or percentage of the price that is to be paid in advance and the payment schedule for the residual amount, or financial guarantees to be paid or provided by the traveller;

– the minimum number of persons required for the travel package to take place, and the deadline for cancelling the package if this number is not reached;

– general information on passport and visa requirements, including approximate periods to obtain a visa. Information shall also be provided about any health requirements in the country of destination;

– that the traveller, at any time prior to the start of the travel package, is entitled to cancel the trip upon payment of a reasonable fee or, if relevant, the organiser’s standard fees;

– voluntary or compulsory insurance; and 

– specification of the traveller’s particular requirements that the organiser has accepted.

Reservations

The Client shall be responsible for filling the booking documents with accurate information and requisite details.

Upon receiving your completed booking form and full payment, TAT shall take steps to confirm the booking in respect of the selected overnight stay(s) and/or activity(ies).

The confirmation and resultant booking ticket shall upon acceptance and verification by TAT be delivered to you within 24 hours of receipt of your booking and full payment. The contract between you, TAT and the Service Provider will first exist when this confirmation is received.

Please note special terms may apply to some promotions. Please refer to the specific terms and conditions, which are shown on the certain pages of promotions.

By making a booking, you agree that you have read the T&C, set out in this document, and will be bound by these, as well as applicable terms and conditions set out by the Service Provider.

By making a booking, you agree that you have read the Privacy Policy, and agree that you will provide the Privacy Policy to other persons on the booking.

By making a booking, you agree that you are of the appropriate age, and in the event that any age restrictions apply to the booking, you confirm that you and other parties to the booking are of the appropriate age.  

The client is responsible for abiding with any safety instructions and recommendations provided to them. TAT shall not be responsible for any resultant loss or damage due to a failure of the client in this regard.

It is the responsibility of the client to ensure that they and those on whose behalf they booked the overnight stay(s) and/or activity(ies) have all necessary travel documents (passports, visas, travel insurance etc.).

TAT will make every effort to operate all overnight stay(s) and/or activity(ies) as described in the relevant booking confirmation, but it reserves the right at its discretion to modify or cancel any overnight stay(s) and/or activity(ies) arrangement based on the existing field conditions. Such material modification or cancellation may be made by TAT due to a force majeure event (including, but not limited to hindrance preventing fulfilment which is beyond the company’s control and which the company reasonably could not be expected to have taken into account at the entry into of the Contract or when the obligation was incurred, such as threat of war, hostilities, riots, civil commotion, strikes, disaster, and terrorist activity) or any other circumstances outside TAT’s control. In such an event, the client will be notified and suitable alternative arrangements (as much as possible) will be proposed. In the event of those alternative arrangements not being acceptable to the client, TAT will not be obligated to make any refund of money paid as deposit or otherwise.

Payment

Full Payment for the selected overnight stay(s) and/or activity(ies) needs to be done prior to the start of the overnight stay(s) and/or activity(ies).

TAT reserves the right to correct promotional or pricing errors at any time, or to increase the price in the event of cost increases due to changes effected by applicable law, airfares, cruise fares, currency fluctuations, taxes, or fuel surcharges.

Method of payment will be online via bank transfer or credit card. The pricing agreed on the contract is final (including applicable taxes).

For products and services provided by TAT:

For Individual travel bookings (5 persons or less):

• Payment must be made in full a maximum of 15 days after confirming the booking; and minimum of 5 days before arrival date in case the booking was made with less time in advance.

For Private Tour, Group bookings (more than 6 persons) and Package Vacations:

• For booking done more than 3 months in advance to the time of the tours, we require a 30% deposit to confirm the booking. The remaining balance will have to be paid 30 days prior to the arrival date.
• For booking done within less than 3 months before the arrival date, payment must be made in full 14 days after confirming the booking.
• For booking done with less than 1 month before the arrival date, payment must be made  in full 5 days after confirming the booking.

Cancellation policy

TAT would feel sorry if you decided to cancel your trip. However, TAT realises in most cases, it is out of necessity. If you must cancel your trip, please submit your cancellation in written form via email to TAT (info@tromsoaccessibletours.com). Cancellation refunds will be calculated as of the date TAT receives your written cancellation.

For products and services provided by TAT:

For Individual travel bookings (5 persons or less):

• The customer can cancel with the right to a full refund up to 3 days before the departure date.
• Less than that, there will only be a maximum of 50% refund of the paid amount, minus any cost already incurred for the bookings.
• There is no refund if the tour is cancelled with less than 24 hrs before departure.

For Private Tour, Group bookings (more than 6 persons) and Package Vacations:

• The customer can cancel with the right to a full refund up to 5 days before the departure date.
• Less than that, there will only be a maximum of 50% refund of the paid amount, minus any cost already incurred for the bookings.
• There is no refund if the tour is cancelled with less than 48 hrs before departure.

For Big Group bookings (15 persons or more):

• The customer can cancel with the right to a full refund up to 25 days before the departure date.
• Less than that, there will only be a maximum of 50% refund of the paid amount, minus any cost already incurred for the bookings.
• There is no refund if the tour is cancelled with less than 5 hrs before departure.

Normally we will only cancel a tour for safety reasons.

If TAT cancels a tour for any unforeseen reason, we will offer to re-book the tour for another date. A full refund will be given if it is not possible to reschedule the tour to a later date. TAT will send an Email / SMS and make our best efforts to contact our guests. 

TAT reserves the right to refuse access to our activity(ies) to an unfit guest that can potentially be a safety hazard to other guests. If these conditions are not met, the activity leader retains full rights to remove a guest from the activity(ies). During such circumstances, TAT will not be obliged to offer a refund or compensation.

Refund policy

After receiving the cancellation email, TAT will verify such cancellation and write back to you. Should your cancellation come within the timelines set out above entitling you to a refund of the whole or part of the booking fees paid by you, TAT will request your banking details in order for us to make the refund. Any bank transfer costs will be covered by the client.

If the cancellation comes after the time limits set out above, TAT may not be required to provide a refund. If you believe your situation to be extraordinary, please get in touch with us and we will discuss it further.

TAT will always try to provide a refund of any money already paid, provided that we do not incur any cost related to the cancellation.

TAT will require a minimum of seven (7) working days for any refunds to be made, after receiving the cancellation email.

Guarantees

TAT does not guarantee Northern lights sightings on our Northern Lights tours as this natural phenomenon is unpredictable and highly dependent on weather conditions.

TAT does not guarantee sightings of any wildlife on any of our trips or those provided by a partner, as nature is unpredictable.

At TAT we have tested and assessed all the overnight stay(s) and/or activity(ies) to ensure a certain level of accessibility that will fit most of our guests. However, because of the nature of all the different persons, TAT cannot guarantee the full accessibility of all the overnight stay(s) and/or activity(ies) offered on our Website.

Medical issues

You are required to consider the nature of the overnight stay(s) and/or activity(ies) and ensure that you are fit to participate in them. 

You shall advise TAT in writing, prior to booking, of any physical or mental condition which you may have and require specific medication or special equipment. You shall be solely responsible for bringing such medication and equipment for the overnight stay(s) and/or activity(ies).

If requested, we will offer any assistance in securing such medication and equipment if needed, by renting it out or finding it in Tromsø. However, unless stated in your contract or agreement, the company can offer no guarantee on this matter and you remain responsible for this.

Insurance

The client is responsible for obtaining full travel and health insurance required for them, and shall ensure that all persons on behalf of whom the client is making the booking with us have also obtained all necessary insurances.

Complaints and claims

TAT shall attend to any claims and/or complaints of the client in respect of the services provided which are brought to its notice as soon as possible and in no event later than 7 days from the date of occurrence of such event giving rise to such claim or complaint. The claim or complaint shall be provided with sufficient details and available evidence in order for TAT to investigate the matter. 

TAT shall not be held liable in the event of the client’s failure to lodge in their complaint within such a time limit.

Exemption of liability

TAT is not liable , and will not be obliged to compensate you, where the performance of TAT’s obligations is hampered or affected by any event beyond our reasonable control, (including any injury, loss or damage to person or property, death, delay or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from, but not limited to force majeure. Force majeure shall include, but is not limited to, hindrance preventing fulfilment which is beyond the company’s control and which the company reasonably could not be expected to have taken into account at the entry into of the Contract or when the obligation was incurred, such as war or threat of war, riots, civil strife, government actions, terrorism, industrial disputes, extreme weather conditions, epidemics, fire, road closures, pilferage, quarantines, dangers incident to sea, land and air travel.

TAT, while facilitating the services of Service Providers, is not responsible for the services provided by the Service Providers as they are beyond the control of TAT. Therefore, the client agrees that TAT shall not be responsible for any wrongful or negligent acts, omissions, or failure to act of any suppliers such as those of surface, air, and water transportation, sightseeing overnight stay(s) and/or activity(ies), cruise/hotel accommodations, or of any third party not owned or operated by TAT. By utilising the travel services of the Service Providers, you agree that you will look to the Service Provider for any accident, injury, property damage, or personal loss to you or to those travelling with you, and that neither TAT nor any representative of TAT shall be responsible or liable for the same. 

However, should you need assistance with a claim or complaint you may have against a Service Provider, TAT may, without any obligation on its part, assist you with notifying the Service Provider of your claim.

Privacy/data policy

You are required to provide full and accurate details in the forms requested by us in order for us to process your booking and perform our obligations under the contract. 

Personal information provided by you will be used for the purposes of facilitating your booking(s). TAT may also use your personal data for promoting our products and services. When consent is required by law, TAT will obtain your consent prior to using your personal data for marketing purposes. You have the right to withdraw your consent at any time.

For more Information about the processing of your personal data and your rights, TAT refers to the privacy policy on our website.

Furthermore, you confirm that any personal information or data you are sharing on behalf of another person for booking purposes, have been obtained with the prior consent of such person, who have apprised themselves of the booking Terms and Conditions and Privacy Policy of TAT and is aware of their rights in respect of such data provided to us.

Imagery and Photography:

A photographer may take pictures during the tours and activities you book with TAT. The Client agrees that any and all film or photographs, as a participant in the Tour, become the property of the Company and may be used for promotional or commercial purposes.

We reserve the right to use these images, photos or video of you for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content. When consent is required by law, TAT will obtain your consent prior to any publishing. You have the right to withdraw your consent at any time.