Terms of sale

1. Organizer / Travel Guarantee

Svalbard Ski and Sail AS, Vei 232-31, 9170 Longyearbyen, org. nr. 922 134 944 (hereafter known as “Organizer”) is the organizer of the travel. The Organizer’s liability is governed by these terms of sale and by Act No. 32 of The Package Travel Act of July 1, 2018 (the “Package Travel Act”). If there is a conflict between the conditions of sale and the Package Travel Act, the provisions of the terms of sale apply if this does not contradict Section 3 of the Package Travel Act regarding non-compliance.

The Organizer can be contacted at tel. +47 93429681 and by e-mail at post@skisail.no

2. Registration

Registration must be made in writing directly to the Organiser through the Organiser’s website and booking page. An order is confirmed when you receive written confirmation. From then on the travel agreement between the parties will apply. The moment you make a reservation you confirm you have the authority to accept the agreement on your behalf and, if applicable, travel companion. You are responsible for ensuring the reservation is in accordance with the booking. As the booker you are also obliged to ensure names in all documents are correct according to the passport of all travellers in your party. You will also be responsible for keeping everyone in your travel companion fully informed of what has been ordered and any changes. If the order changes after the confirmation has been sent you may be charged by the Organizer for the costs incurred by the change. See section 18 of the Package Travel Act regarding the transfer of the package travel agreement.

In cases where the traveler signs up by e-mail, the traveler will be sent an e-mail with the essential details of the trip, the total price of the trip and the terms of sale. The booking is confirmed when the traveler answers the e-mail with consent. Otherwise, the paragraph above applies to the registration.

3: Payment

Payment must be made with the invoice sent. The amount is paid in full at registration and booking by e-mail to Svalbard Ski and Sail AS.

4. Cancellation by the customer

Cancellations must be made in writing (letter or e-mail) and before the journey begins. Depending on when we receive the cancellation we will refund the travel price minus the following percentage to cover our cancellation losses:

• More than 60 days before departure: 5%

• 60 – 42 days before departure: 30%

• 41 – 28 days before departure: 60%

• 27 – 14 days before departure: 90%

• 14 days or later before departure: 100%

The traveler has the right to cancel the journey before it begins without paying a fee if unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity of it which will significantly affect the completion of the package trip or the transport of persons to the destination.

5. Travel Services

We also reserve the right, for the safety and comfort of the participants, to adjust the itinerary along the way. Changes can also be made to assist other tourists, groups or stranded people. Mutual assistance is customary in polar regions and must be considered as part of the trip as long as the main content of the trip cannot be considered significantly reduced due to the incident.

The demanding working conditions in the Arctic can cause delays for ships and aircraft. Ice, fog and other weather conditions lead to difficult supply conditions, limited service options and no local public transport. The tour participants must be prepared for possible adjustments to the program, but the Organizer will seek to make the trips close to what is described. The Organizer reserves the right to use other locations and accommodations than stated in the program.

The above has significance for the determination of responsibility under the first paragraph of paragraph 6.

6. Responsibility

The Organizer is responsible for ensuring the travel services included in the travel agreement are delivered as agreed. If there is a defect in the travel package, the traveler may claim a breach of contract to the Organizer pursuant to Chapter 5 of the Package Travel Act.

The Organizer is not responsible for any defects caused by the traveler. The traveler is also not entitled to compensation under section 32 of the Package Travel Act if the Organizer can document the defect is due to unavoidable and extraordinary circumstances. The right to compensation also does not apply if the defect is due to a third party who is not linked to the provision of the travel services included in the travel contract, and the defect could not be foreseen or avoided.

7: Damage Restrictions

To the extent transport law legislation limits the scope or terms of compensation of a carrier, the same restrictions apply to the Organizer.

If the Organizer’s liability for damages is not limited by the first paragraph, the Organizer may limit the damages in the package travel agreement, but not to less than three times the total price of the package tour. The limitation of damages does not apply in the event of personal injury or damage caused intentionally or negligently.

8: Customer Duties

The customer must abide by the rules and instructions given by the Organizer. The Organizer reserves the right to refuse to participate in a tour if the customer is a threat to safety, either for himself or the other participants, or if the customer acts so that he/she is a great nuisance to the other tour participants.

9: Price changes

The price agreed to in the travel agreement may change as a result of changes in:

a) The price of passenger transport as a result of the price of fuel or other energy sources

b) The tax or toll level for the travel services included in the agreement; or

c) Exchange rates of importance for the package trip.

The traveler has the right to demand a price reduction if the costs in letters a to c above change after the contract, but before the journey begins. In case of price reduction, the Organizer’s actual administration costs may be deducted from the amount to be repaid.

The new price will be calculated by a proportional adjustment based on the effect changes in letter a to c above have on the agreed price. The calculation should give the traveler an opportunity to check whether the new price is calculated correctly.

If the price is to be increased, the Organizer must notify the traveler by e-mail at least 20 days before the journey begins. The Organizer shall at the same time provide a justification for and a calculation of the price increase.

If such a price increase is more than 8%, the Organizer shall, at the same time informing the traveler of the price increase, set a time limit for the traveler to cancel the journey without paying a fee.

10: Cancellation.

The Organizer may cancel the package travel if the number of persons enrolled in the package travel is lower than the minimum number stated in the agreement, and the Organizer will notify the traveler of the cancellation within the deadline stipulated in the agreement, but at the latest:

a) 20 days before the package tour begins for journeys lasting more than 6 days

b) 7 days before the package tour begins with journeys lasting between 2 and 6 days

c) 48 hours before the package tour begins for journeys lasting less than 2 days.

The Organizer may also cancel the package tour if the package tour cannot be completed due to unavoidable and extraordinary circumstances, and the traveler is notified of the cancellation without undue delay.

If the package tour is canceled due to circumstances mentioned in the first or second paragraph the traveler is not entitled to compensation. This means, among other things, that airline tickets or other services booked elsewhere cannot be covered by the Organizer.

In the event of cancellation the Organizer will refund the amount paid.

11: Complaints and claims

An event that may give rise to problems, objections or claims must immediately be notified to the Organizer/Svalbard Ski and Sail personnel.

Furthermore, claims or objections due to stated deficiencies in the travel services included in the travel agreement must be given in writing to the Organizer:

a) No later than 30 days after the incident occurred. The Organizer notes that late feedback from the traveler may reduce the Organizer’s ability to remedy any deficiencies or make adequate inquiries, and that this may affect the traveler’s rights.

b) If the Organizer rejects the traveler’s claim, or the traveler is not satisfied with the response the Organizer gives, the traveler may submit the case to Norway’s Package Travel Committee. It is understood from the Package Travel Committee’s articles of association that as of January 10, 2019, the committee does not deal with disputes where one year has passed after the traveler lodged a written complaint against a counterpart.

c) The traveler is made aware that claims become obsolete three years after the breach of contract has occurred under the statute of limitations. As a general rule, the deadline will be calculated from the end of the tour.

12: Jurisdiction and Judicial Proceedings

The contractual relationship between the Organizer and the traveler is governed by Norwegian law. The traveler accepts Oslo District Court as a venue.

13: Insurance

The Organizer is insured. The Organizer has also provided a guarantee to The Governor of Svalbard for costs related to rescue missions. The customer must have travel insurance that includes extreme sports to participate in the journey. If the customer does not have such insurance, claims the traveler could have directed against the insurance company cannot be addressed to the Organizer.

14: Privacy

14.1 General

The collection of personal data in Norway is mainly regulated by the Personal Data Act. Other legal sources, such as the Accounting Act, also provide guidelines for how such information should be processed.

The Organizer is committed to protecting all personal information provided by our customers. We have therefore designed the following guidelines out of respect for the customer’s desire for privacy, and to ensure that we comply with the Personal Data Act and other relevant laws and regulations.

Svalbard Ski and Sail AS, under the direction of Chairman of the Board Thomas Hukkelås, is responsible for the company’s personal data processing. Questions about privacy can be addressed to Hukkelås at post@skisail.no

14.2 What kind of information we collect and how we process the information.

In order to process your reservation and your purchase, Svalbard Ski and Sail AS needs some basic information. This includes:

• Name

• Address

• Phone number

• E-mail address

• Date of birth

In order to complete the booking and carry out the delivery of travel and events, Svalbard Ski and Sail AS must process:

• Passport information

• Nationality

• Gender

• Name of next of kin

• Booking and travel information

• Any special needs: dietary needs, allergies, etc.

Svalbard Ski and Sail may in some cases also be interested in contacting you by mail, e-mail and/or telephone (voice and/or SMS) with news, information, offers and for the purposes of market research.

In relation to this, Svalbard Ski and Sail AS processes:

• Name

• E-mail address

If you do not wish to be contacted for such purposes please notify post@skisail.no

To safeguard the customer relationship, simplify booking for returning customers and as a basis for product development, Svalbard Ski and Sail records:

 • Name

• Contact information

• Services used

• Previous purchases

To give us the opportunity to improve the customer experience, all customers are sent an online evaluation form. The form is voluntary and all responses are registered anonymously. The survey is managed by a third party who cannot use customer contact information for anything other than the specific assignment.

14.3 Use of Internet and IP addresses

Internet users leave electronic clues showing which pages they have visited. At the Svalbard Ski and Sail website the server automatically logs visitor IP addresses. An IP address is a unique number that is automatically assigned to your computer when you use the Internet.

Svalbard Ski and Sail does not use this information to identify individuals, but to record the amount of time spent on our website.

14.4 Cookies

A cookie is a message that is sent from a web server to the computer where it is stored on the hard disk. The vast majority of websites use such cookies. Svalbard Ski and Sail uses cookies to track and store what visitors to our sites are interested in, in order to provide them with more tailored experiences when they return.

Cookies can enhance and simplify the user experience by storing preferences and passwords, helping to estimate the number of visitors at websites and find out which sites are the most popular and get the most traffic.

Web users can set their browser preferences to reject all cookies, but this may delay or stop access to parts of the website. Svalbard Ski and Sail uses cookies that do not contain personal information that can identify individuals.

14.5 Storage duration

Svalbard Ski and Sail deletes customer profiles when they have not been active for 10 years. The customer is considered inactive when he/she has not made any orders or purchases for 10 years, or has declined to receive marketing information. Customers who wish to delete their profiles at an earlier date are welcome to contact Svalbard Ski and Sail.

14.6 Exchange of information with third parties

We take every precaution to ensure that such information cannot be misused. Nevertheless, if necessary, we must pass the information on to other subcontractors involved in your travel plans. This applies, for example, to ships, hotels, transport companies, etc. The information can also be given to credit companies and public authorities such as customs/immigration if this is required.

We will never provide this type of information to any person or company that is not directly responsible for part(s) of your journey. This applies to particularly sensitive information you provide to us such as details of any disability, special diet or religious needs.

In the event the consent of the traveler is required for Svalbard Ski and Sail to disclose personal information provided and the traveler does not consent to such information being conveyed, Svalbard Ski and Sail reserves the right to refuse the traveler’s booking. Please note that if the traveler places his booking with one of Svalbard Ski and Sail’s agents/travel agents it is the agent’s privacy practices that will apply.

Svalbard Ski and Sail is not responsible for the privacy of other companies.

If you would like to obtain a copy of the personal information we have registered about you, you are welcome to contact us.

Customer information will never be passed on to individuals or companies that are not directly responsible for parts of the customer’s journey unless required by applicable law.

14.7 Data Protection

Svalbard Ski and Sail takes a number of precautions to secure personal information obtained. Svalbard Ski and Sail has physical, electronic and operating procedures sufficient to prevent unauthorized access, keep the information accurate and ensure it is used properly.

14.8 Customer’s rights

Svalbard Ski and Sail registered customers have the right to receive information about what personal information we have stored on them. By contacting Thomas Hukkelås, the company’s chairman of the board, at post@skisail.no we will release this information as soon as possible, and no later than 30 days. Registered customers can also change or update various personal information through Min Side (“My Page”) in our booking section. They can also contact us with questions about correcting, supplementing or deleting incorrect information.

Svalbard Ski and Sail may use e-mail addresses provided at registration or otherwise for periodically sending out newsletters about new events, special offers, services or other news. Upon request, we will remove users from the database or allow them to opt-out from being on future newsletter mailing lists. Customers who receive such e-mail requests they do not wish to receive again can contact post@skisail.no

If you believe that our processing of personal data does not match what we have described here or that we in other ways violate the privacy law, you can complain to The Norwegian Data Protection Authority. You can find information on how to contact the the agency at its website: www.datatilsynet.no.

15. Typographical errors

Svalbard Ski and Sail’s website and Facebook pages are subject to typographical errors. To the extent that this is compatible with the Package Travel Act, liability for booking errors pursuant to Section 48 of the Package Travel Act is limited to direct and foreseeable losses as a result of the error.