Terms and conditions
Terms and conditions – CONTENT OF THE SALE CONTRACT FOR TOURIST PACKAGES & DAY TOURS
General Terms and Conditions are part of the travel contract, together with the description of the travel package and the booking confirmation of the services requested by the guest/ traveller. When the guest/traveller confirms the purchase of the travel package/day tour experience, he or she has accepted, even on behalf of those who will participate in the travel, both the present General Terms and Conditions and any other advice reported in them.
The organiser and the seller of the tourist package, to whom the tourist applies, must be authorised to carry out their services in accordance with the applicable administrative regulations, even regionally. Before the conclusion of the contract, the organiser and the seller make known to third parties the insurance policy for the coverage of risks deriving from professional civil liability as well as the details of the guarantee against risks of insolvency or bankruptcy of the organiser and seller. Each within its competence, for the purpose of returning the paid sum or to take the traveller back to the place of departure, in cases where transport service is included in the tourist package.
In accordance with this contract the following are understood as:
- traveller: anyone who intends to conclude a contract, or stipulates a contract, or is authorised to travel on the basis of a contract concluded, within the scope of the law on organised tourism contracts;
- professional: any natural or legal public or private person who, in the context of their commercial, industrial, craft or professional activity in organised tourism contracts, also acts, through another person acting on their behalf or on their account, as an organiser/ supplier, seller, professional facilitating related tourist services or tourism service provider.
- organise / supplier: a professional who combines packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits data relating to the traveller to another professional;
- reseller: the professional, other than the organiser /supplier, who sells or offers for-sale packages combined by an organiser/ supplier;
COMPULSORY INFORMATION – TECHNICAL SHEET
Before the conclusion of the tourist package contract, the organiser or the retailer shall communicate the following information to the traveller:
a) the main characteristics of the tourist services, such as:
- the travel destination(s), the itinerary and periods of stay, with relevant dates and, ifaccommodation is included, the number of nights included;
- the means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and places of intermediate stops and transport connections; if the time has not yet been established, the organiser and, where applicable, the retailer, shall inform the traveller of the approximate time of departure
and return; the name of the carrier that will carry out your flight(s) within the time limits. any changes will be communicated to the traveller in a timely manner.
- the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;
- the meals provided, whether or not they are included;
- Visits, excursions or other services included in the price agreed for the package;
- tourist services provided to the traveller as part of a group and, in this case, the approximate size of the group;
- the language in which the services are provided;
- if the trip or the holiday is suitable for persons with reduced mobility, an indication of this will be given. following a request by the customer and, upon the traveller’s request, precise information will be given on the suitability of the trip or holiday that takes into account the traveller’s needs;
b) the trading name and geographical address of the organiser and, where applicable, of the retailer, their telephone numbers and e-mail addresses;
c) the total price of the package holiday inclusive of taxes and all additional fees, charges and other costs, including any administrative and handling costs, or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear;
d) the arrangement for payment, including any amount or percentage of the price to be paid as a down payment and the timetable for payment of the balance, or the financial guarantees which the traveller is required to pay or provide;
e) the minimum number of persons required for the package and the time-limit, before the start of the package for the possible termination of the contract if that number is not reached;
f) general information on passport and/or visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
g) information on the traveller’s right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal costs or, if envisaged, the standard withdrawal costs required by the organiser.
h) information on optional or compulsory insurance to cover the cost of unilateral termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.
- Reservation requests should be drawn up via email to firstname.lastname@example.org The acceptance of the reservation is understood to be confirmed, and the contract effective, only when the organiser sends official confirmation, also in the form of telematic data, to the traveller through the seller travel agency. Before the departure the seller will supply information concerning the tourist package, not included in the contract documents.
- Special requests regarding the offering and/or execution of services included in the package, included special care for people with reduced mobility or special meal requests, will have to be specified prior to conclusion of the contract.
Upon signing the package holiday purchase offer or booking a pre-made online tour/experience on our website, the following shall be paid:
Confirmation deposit of the package holiday by the traveller or organiser. Down payment on the price of the package holiday to the extent indicated by the organiser or the retailer. Non- payment of the aforesaid amounts by the traveller or non-payment of the same by the seller agency, the traveller’s agent, to the organiser, on the set dates, constitutes an express termination clause such as to bring about lawful termination, with consequent application of the penalties provided for, and this also in the case where the organiser has sent the vouchers or tickets to the traveller. The relevant communication, if it comes from the organiser, will be sent to the traveller, care of the agency.
The price of the packages is expressed in Icelandic Krona and it is set out in the contract.
It may be changed up to 21 days prior to departure and only as a consequence of changes in, or additions to, the following.
a) The price of the carriage of passengers resulting from the cost of fuel or other energy sources. b) The level of fees and taxes on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including landing taxes or embarkation or disembarkation fees at ports and airports.
c) Exchange rates relevant to the package in question.
For these changes, reference will be made to the exchange rates and prices in force on the date of publication of the programme, of the tailor-made travel offer. In the event of a reduction in price, the organiser is entitled to deduct the actual administrative and handling costs from the refund owed to the traveller, of which he is required to provide proof at the traveller’s request.
The price of the package consists of:
a) Customised package fee: expressed in the customised experience supplied to the seller or traveller;
b) accommodation for as many nights satiated in the tailor made package.
c) food arrangements for the intended length of stay.
MODIFICATION OR CANCELLATION OF A TOURIST PACKAGE PRIOR TO DEPARTURE
- The Supplier reserves the right to unilaterally change the conditions of the contract,other than the price, if the change is insignificant. Communication is carried out clearly and precisely through a durable medium, such as e-mail.
- If, before the start of the package, the supplier is constrained to alter significantly any of the main characteristics of the travel services, or cannot fulfil the specific requests expressed by the traveller and accepted by the supplier or proposes to increase the price of the package by more than 8%, the traveller may accept the proposed change or terminate the contract, without paying any penalties. In the event of termination, the supplier may offer the traveller a substitute package of an equivalent or higher quality.
- The supplier will inform the traveller without undue delay in a clear and precise manner on a durable medium of the proposed changes and their impact on the price of the package. The traveller must inform the supplier or seller of his decision within two working days of receiving notification of changes.
- If the changes to the package travel contract, or to the substitute package referred to, result in a package of lower quality or cost, the traveller will be entitled to an appropriate price reduction.
5. In the event of termination of the package travel contract pursuant, and if the traveller does not accept a substitute package, the supplier must refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated, and is entitled to be compensated for non-performance of the contract, except in the cases mentioned below:
- In the event of termination of the contract by the traveller before departure, for anyreason, even unexpected and arising suddenly, a penalty will be charged irrespective of payment of the down payment.
- The contract may impose reasonable standard penalties for cancellations, calculated on the time of cancellation. In the event of cancelation of tour packages you will be required to pay a 3% bookings fee of the final price for the total amount of travellers. Refunds for the tour packages minus the 3% booking fee are subject up until 2 days before the intended arrival date. As of 2 days and less of the activity date 100% of the booking costs are billed and are not refundable. Cancellations must be in writing to email@example.com. In the event of cancelation of Group/ Customised tour packages you will be required to pay a 10% bookings fee of the final price for the total amount of travellers. Refunds for the Group/ Customised tour packages minus the 10% booking fee are subject up until 28 days before the intended activity date. As of 28 days and less of the arrival date 100% of the booking costs are billed and are not refundable. Cancellations must be in writing to firstname.lastname@example.org.
- In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which significantly affect the performance of the package or the carriage of passengers to the destination, the traveller is entitled to terminate the contract before the start of the package, without paying any termination fee, and to a full refund of any payments made for the package, but is not entitled to additional compensation.
- The occurrence of an inability by the traveller to have the holiday does not justify termination without penalties, provided for by law, since the traveller can obtain protection against the financial risk associated with cancellation of the contract by taking out a suitable insurance policy, where not obligatorily provided for by the organiser.
- The organiser may terminate the package travel contract and offer the traveller a full refund of the payments made for the package, but is not obliged to pay additional compensation if:
- the number of persons enrolled for the package is smaller than the minimum number stated in the contract.
- the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.
- The organiser will provide all refunds required in accordance with above paragraphs without undue delay and in any case within 14 days of termination. In the above cases, the functionally linked contracts entered into with third parties are terminated.
1. The traveller who cannot take part in the reserved tour does not have the right to transfer his/her reservation to another person.
- During the negotiations, and at any rate before the completion of the contract, travellersare provided with general written information – valid at the time of making the tailored trip.
- Travellers must inform the seller and the supplier about their citizenship and, on departure, finally check that they are carrying their vaccination certificates, their own passport and any other document valid in all the Countries included in the itinerary, as well as the stay and transit visas, and any required health certificates.
3. In any case, before departure, tourists must check with the competent authorities for official information of a general nature regarding the country of destination, including information on the socio-political security situation, health, weather and climate and the documents required for access. Since these data are subject to changes and updates, the traveller must consult these sources to check their official wording before proceeding to purchase the package holiday. In the absence of such verification or in the event of an error, no liability for any missed departure by one or more tourists can be attributed to the seller or the supplier.
Tourists shall also adhere to the normal rules of prudence and diligence and to those specific rules in force in the countries to be visited, as well as to all the information supplied by the organiser and the rules, administrative or legal instructions pertaining to the tourist package. Tourists will be liable for any damage or costs which the seller and/or the organiser may suffer also as a result of failure to comply with the above-mentioned obligations, including the costs required for their repatriation.
If, on the date of booking, it emerges from official information channels that the chosen destination is a place subject to a warning (special notice) for security reasons, the Traveller who subsequently exercises the right to withdraw cannot, for the purposes of exemption or reduction of the claim for compensation for the termination carried out, invoke the ceasing of the contractual cause connected with the country’s security conditions.
LIABILITY OF THE ORGANISER/ SUPPLIER – COMPLAINTS
- The organiser / supplier is liable for the performance of the travel services included in the package travel contract, irrespective of whether those travel services are to be performed by the organiser, by the organiser’s auxiliaries or agents when acting in the exercise of their functions, by third parties whose work the organiser may have recourse to.
- In accordance with the obligations of fairness and good faith, the traveller must promptly inform the supplier, directly or via the reseller, taking into account the circumstances of the case, of any lack of conformity found during the performance of a travel service included in the package travel contract.
- If one of the travel services is not performed as agreed in the package travel contract, the supplier will remedy the lack of conformity, unless this is impossible or excessively onerous, taking into account the extent of the lack of conformity and the value of the travel services affected by the lack of conformity. If the supplier does not remedy the lack of conformity, the traveller is entitled to a price reduction as well as to compensation for the damage which the traveller sustains as a result of the lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller or to a third party unconnected with the provision of the travel services, or is unavoidable or unforeseeable or due to extraordinary and unavoidable circumstances.
- Subject to the above exceptions, if the supplier does not remedy the lack of conformity within a reasonable period set by the traveller with the complaint made pursuant to sub- paragraph 2, the traveller may personally remedy the lack of conformity and request reimbursement of the necessary, reasonable and documented expenses; if the supplier refuses to remedy the lack of conformity, or if it is necessary to remedy it immediately, the traveller does not need to specify a time limit.
- If a lack of conformity constitutes a significant failure to perform the travel services included in a package and the supplier has not remedied it within a reasonable period set by the traveller with regard to the duration and characteristics of the package, with the complaint made pursuant to sub-paragraph 2, the traveller may, without charge, lawfully terminate the package travel contract with immediate effect, without prejudice to any compensation for damages. In the event of termination of the contract, if the package included the carriage of passengers, the organiser must also arrange the traveller’s return with equivalent transport without undue delay and at no extra cost to the traveller.
- Where it is impossible to ensure the traveller’s return, the organiser will bear the cost of necessary accommodation, if possible, of a category equivalent to what was provided for in the contract, for a period not exceeding three nights per traveller or for the longer period provided for in the regulations of the European Union on passengers’ rights, applicable to the relevant means of transport.
- The limitation of costs referred to in sub-paragraph 6 does not apply to persons with reduced mobility and persons accompanying them, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the supplier has been notified of their particular needs at least 48 hours before the start of the package.
LIABILITY OF THE SELLER
The seller with whom the package holiday was booked cannot be held responsible for the obligations arising from the organisation of the trip but is responsible only for the obligations arising from his capacity as seller and for the performance of the mandate given by the traveller.
The right to compensation for personal injury has a 3 month limitation period starting from the date of the traveller’s return to the place of departure or the longer period provided for in the provisions governing the services included in the package, for compensation for personal injury.
POSSIBILITY OF CONTACTING THE SUPPLIER VIA THE RESELLER
- The traveller may address messages, requests or complaints in relation to the performance of the package directly to the reseller through which it was purchased, who, in turn, will promptly forward them to the supplier.
- For the purposes of compliance with time-limits or limitation periods, the date on which the reseller receives the messages, requests or complaints referred to in the previous sub-paragraph is also considered the date of receipt by the supplier.
OBLIGATION TO PROVIDE ASSISTANCE
- The supplier will give appropriate assistance without delay to the traveller in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance, and assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements.
- The organiser may charge a reasonable fee for such assistance, not exceeding the actual costs incurred, if the problem is caused intentionally by the traveller or through the traveller’s negligence.
INSURANCE AGAINST CANCELLATION CHARGES
If not expressly included in the price, it is advisable to take out special insurance policies at the time of booking. Policy should cover the costs arising from accidents and/or illnesses, which also cover the cost of repatriation, and for loss of and/or damage to luggage. The rights arising from insurance contracts must be exercised by the traveller directly with the insurance companies involved, under the terms and conditions of these policies, paying particular attention to the timing of opening the claim and to the deductibles, limitations and exclusions. At the time of booking, travellers must inform the reseller of any specific needs or problems for which it would be necessary and/or appropriate to issue policies.
TOOLS FOR ALTERNATIVE DISPUTE RESOLUTION
The supplier may propose to the Tourist – via the website or other forms – alternative modalities to solve disputes. In this case the supplier shall detail the various types of alternative methods and their effects.
GOVERNING LAW – PLACE OF JURISDICTION
The package holiday and the travel contract are governed by Icelandic law.
Any dispute that may arise between the Parties regarding the validity, formation, performance, execution or termination of this Contract, shall be exclusively referred to the Courts of Iceland.
The handling of personal data, the provision of which is necessary for the conclusion and execution of the contract, in both paper and digital forms. personal data shall only be communicated to providers of services included in the Holiday Package.
Electric Vehicle Travel ehf.