GENERAL TRAVEL- AND BUSINESS CONDITIONS
OF THE ICELANDIC TOUR OPERATOR NORDIC TRAVEL
 
1. BOOKING AND CONFIRMATION
 
When you make a booking, this represents a binding offer from you to us, to conclude a travel contract.   The booking can be made in writing, orally or by telephone. The booking is also valid for all participants mentioned in it, and the person who makes the booking is responsible for the contractual obligations of those people as well as of himself, in as far as he/she has taken on a separate obligation by a specific and separate statement.
For us, the travel contract becomes binding, when we Nordic Travel, have confirmed the booking and the price to you, with our Travel Confirmation/Invoice. All agreements, ancillary agreements and special requests are to be recorded in writing. Agreed special requests are to be included in the travel registration / confirmation record. Should the confirmation of the registration contain discrepancies from the booking, we will point this out to you explicitly.
 
2. PAYMENT CONDITIONS
 
All prices are quoted in US dollars, when no other currency is mentioned. After the contract has been made, you should please pay 10% of the total amount, rounded up to a full dollar. The rest of your payment should be made at the latest 8 weeks before the beginning of your trip. The travel documents will only be sent after the total amount has been received by the Tour Operator. Cancellation fees and changing fees must always be paid immediately.
 
3. CONTRACTUAL SERVICES
 
The information contained in the travel description is binding for the Tour Operator. However, Nordic Travel reserves the right, before finalizing the contract, to declare a change in the services because of objectively justified, substantial and unforeseen circumstances, of which the traveler will be informed before the booking is finalized. Ancillary agreements, such as changes, additions etcetera, that change the scope of the contractual services, must be specifically confirmed by Nordic Travel. In cases where an individual itinerary is created according to your wishes, the nature and scope of the included contractual services depend on the concrete offer from Nordic Travel to you, as well as on the relevant travel confirmation.
 
4. CHANGES IN CONTRACTUAL SERVICES AND PRICES
 
4.1 Changes or deviations in the individual travel services from the agreed content of the travel contract, that become necessary after the contract has been made and that are not made by the Tour Operator against good will and faith, are only admitted if the amendments and deviations are not substantial and do not affect the overall character of the booked holiday.   Any warranty claims remain unaffected, if the amended services are deficient.
 
4.2 Nordic travel is obliged to notify the clients about changes or deviations in the services without delay. Where appropriate, we will offer you a change in the booking or a cancellation without fees.   Nordic Travel reserves the right to change the prices that have been issued and have been confirmed with the booking, in cases where the transport cost or the charges for certain services such as port and airport fees are changed, or when changes occur in the exchange rate that is valid for the holiday in question. In such cases, our price increase will be proportional to the influence that the actual price increase per person or per seat has on the price of the holiday, if the time interval between the conclusion of the contract and the planned period of travel is more than 4 months.
In the case of a subsequent change of the price or a change in an essential travel service Nordic Travel, must immediately, and at least 21 days before the start of the trip, notify the clients of this fact (price increases after this point in time are not allowed).   Should a price increase of more than 5% occur, or should a substantial change occur in an essential part of the travel service, the traveler has the right to cancel the travel contract without a fee, or to request participation in another trip of at least equal value, if Nordic Travel is in a position to offer such a trip without additional cost for the travelers, from its products.
The traveler can assert these rights, immediately after the declaration of the Tour Operator about the price increase or the change.
 
4.3
Changes in the travel arrangements that are caused by external circumstances and were neither wanted by us nor could be influenced by us, that occur after conclusion of the contract or that become necessary during the trip, such as deviations from the planned route, changes of accommodation places, weather-related postponement / cancellation of individual activities etc., shall not be considered as performance-related to the itinerary. This includes also changes that are caused by majority vote brought by the participants.
 
5. CANCELLATION BY CLIENTS, BOOKING CHANGES, REPLACING PERSONS.
 
5.1 Any time before the start of your trip, you can cancel your arrangements. We recommend that you announce your cancellation in writing. Your cancellation becomes valid on the day that your announcement reaches us. 
 
5.2
When you cancel your travel contract, or if you do not start on your trip without cancelling the contract, cancellation costs will arise. In calculating these costs, we consider the normally saved cost and the normally possible ways of using these travel services in other ways.
 
5.3
The cancellation costs are as follows:
In cases when the cancellation of a trip takes place earlier than five weeks before the start of the trip, the cancellation fees are 10% of the total travel price.
In cases when the cancellation of a trip takes place later than five weeks, but earlier than three weeks before the start of the trip, the cancellation fees are 25% of the total travel price.
In cases when the cancellation of a trip takes place later than three weeks, but earlier than three days before the start of the trip, the cancellation fees are 50% of the total travel price.
In cases when the cancellation of a trip takes place later than three days before the start of the trip, the cancellation fees are 100% of the total travel price.
 
5.4
It remains open to you to prove that no, or significantly lower cost, has incurred, than is stipulated in the above mentioned fees.
 
5.5
Until 32 days before the start of your trip, you can make changes in your booking or to the travel period, the location you are travelling to, the location where your trip begins, the accommodation or the course of your trip. For this, the fee is $ 35 per night or per service. Later changes in your bookings are only possible after prior cancellation of your original trip.
Name changes are possible until 32 days before the start of the trip, as long as the replacing person participates in all the services mentioned in the travel confirmation.   The fee for such a change is $ 35 per person.
Until the start of the trip, the traveler can demand that a third party takes over the rights and obligations of the travel contract in his place. Nordic Travel can refuse to allow a third party to take over the contract, if this party does not fulfill the special requirements for the trip in question, or if his/her participation goes against stipulations of the law or administrative orders. Should a third party take over the contract, than he and the passengers become liable towards Nordic Travel for the total travel price and the extra cost that arises because of the third party taking over the contract.
 
6. SERVICES THAT ARE NOT USED
 
Should the traveler not make use of any of the service segments, due to premature return or for other compelling reasons, Nordic Travel will work with the service providers for reimbursement of the expenses saved. This obligation does not apply in the case of a completely irrelevant service, or if a reimbursement is impossible because of statutory or regulatory provisions.
 
7. CANCELLATION AND TERMINATION BY NORDIC TRAVEL
 
7.1 ….withdrawal without notice if the passenger disturbs the progress of the trip despite being warned by the Tour Operator or if he is in breach of contract to such an extent that immediate cancellation of the contract is justified. Nordic Travel maintains the claim on the payment for the travel, with consideration for the expenses saved. Extra cost for travelling back home is carried by the traveler himself.
 
7.2 … until 4 weeks before the start of the trip, when the minimum required number of passengers as mentioned in the description of the trip, is not reached. The cancellation of the trip is to be announced immediately and the travel price paid up to then is to be refunded.
 
7.3… until 4 weeks before the start of the trip, when the trip can not reasonably be conducted, after Nordic Travel has extensively checked all possibilities, because the bookings for the trip in question are so low that, should the trip be conducted anyway, the resulting cost would entail exceeding the economical limit that has been determined for this trip. However, the Tour Operator only has the right to cancel the trip if he is not responsible for the causative factors (e.g., no calculation error) and if he can prove the circumstances leading to his cancellation and if he presents a comparable alternative to the traveler. Should a trip be cancelled for the above reasons, the client is to receive a refund for the so far paid amount of his travel price. In addition, the client will be reimbursed at a flat rate for the cost of his booking, if he does not make use of the replacing offer by the Tour Operator.
 
8. TERMINATION OF THE CONTRACT BECAUSE OF UNUSUAL CIRCUMSTANCES
 
Should the trip be impeded, endangered or impaired due to force majeure that could not be foreseen when the contract was concluded, both the Tour Operator and the Traveler can terminate the contract. Should the contract be terminated, Nordic Travel can demand a reasonable compensation for the already provided services or for the services still required to end the trip. Should the contract include the travel back home, Nordic Travel is obliged to make it possible for the travelers to travel home. Extra cost for the trip back shall be carried by both parties equally. In other cases, the extra cost will be carried by the travelers.
 
9. LIABILITY OF THE TOUR OPERATOR
 
9.1 Nordic Travel is liable, within the frame of the obligation for care of the ordinary businessman, for the conscientious preparations for the trip, the careful selection and monitoring of the service providers, the accuracy of the description of all specified travel services, if Tour Operator has not announced, according to chapter 3 about the conclusion of the Contract, a change of the travel conditions, and is responsible for the proper provision of the agreed travel services as well as for faults made by persons who were entrusted for the provision of services.
 
9.2 If, as part of a trip or as an addition to it, scheduled transport is used and the passengers are provided with the corresponding ticket, the Tour Operator is providing subcontracted services, if he points this out specifically in the Travel Description. Therefore, he is not liable for the execution of the transportation itself. In this case, the corresponding liability is arranged according to the transport conditions of this providing company. If you so desire, you can be provided with these conditions.
 
9.3 Nordic travel is not liable for what is mentioned in promotion material from the providers, that is not produced by us (Accommodations etc.).
 
10. WARRANTY AND COMPENSATION
 
10.1 Should the trip not be provided as per contract, the traveler may request compensation.   The Tour Operator can also compensate by providing an equally valid substitution. De Tour Operator can refuse compensation, if it requires a disproportionate effort. 
 
10.2 The traveler may request a reduction of the travel price, if he can point out directly any deficiencies in the trip on the part of the Tour Operator, unless substantial difficulties make the declared deficiencies by the Tour Operator unacceptable. The Phone and Fax numbers, as well as the e-mail, are printed on the travel documents. Should the traveler be guilty of not reporting the deficiency, he will not be entitled to any compensation in the form of reduction of the travel price.
 
10.3 Should the trip be seriously impaired due to a deficiency, and should the Tour Operator not provide appropriate compensation within a reasonable period of time, then the traveler can, within the frame of the statutory provisions, terminate the contract by written declaration, in his own interest and for reasons of preservation of evidence.  The same is valid, when the trip is – due to a deficiency for important and to the Tour Operator recognizable reasons – not up to the traveler’s expectations.  
The determination of a deadline for compensation is only unnecessary when the compensation is impossible or has been refused by the Tour Operator, or when the immediate termination of the contract because of a special interest of the traveler is justified.
 
10.4   The traveler may, without prejudice due to the reduction or the termination, request compensation, unless the deficiency in his trip is based on a circumstance that the Tour Operator has no control over.
 
 
11. LIMITATION OF THE LIABILITY
 
11.1   The contractual liability of the Tour Operator for damages other than physical injury, are limited to double the travel price, as long as the damage was not caused deliberately or through gross negligence and as long as the Tour Operator is only responsible for the damage to the traveler because it was caused through the fault of a service provider.
 
11.2 All claims of the client against the Tour Operator for unwanted action, that is notbased on intent or gross negligence, must be negotiated in each separate case with the liability insurance company of the Tour Operator. In this context, we recommend that the client, in his own interest, take out a travel accident and luggage insurance.
 
11.3 The Tour Operator is not liable for deficiencies in connection to services that have been mentioned as subcontracted services (e.g. optional excursions) and that are mentioned in the Route Description specifically as subcontracted options.
 
11.4 Any claim for compensation against the Tour Operator is limited or excluded when, under international agreements or legal regulations based on such agreements and that apply to the services from another provider, a claim for compensation can only legally be made against the provider under particular circumstances or restrictions, or is excluded under certain conditions.
 
11.5 Nordic Travel is not liable for changes in the itinerary caused by road conditions or weather; particularly when travelling into the interior (highlands) of Iceland, it is necessary to expect delays, cancellations and deviations from the program due to the unpredictable climate. Cost caused by such circumstances must be carried by the traveler himself.
 
11.6 Should the Tour Operator find himself in the position of an air carrier, then the liability is arranged under the provisions of the Aviation Act in connection with the International Convention of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only for flight to U.S. and Canada). These agreements usually limit the liability of the carrier for death or personal injury and loss of or damage to luggage.
 
11.7 Should, in the case of travel by ship, the Tour Operator find himself in the position of a shipping company, then the liability is arranged under the provisions of the Commercial Code and the Inland Navigation Law.
 
11.8 Nordic Travel is not responsible for any material and physical damages and losses, which occur because of accidents, injuries and diseases, variations in the schedule due to weather changes and strikes. In general, Nordic Travel does not accept any liability for damages caused by factors that our beyond our sphere of influence.
 
11.9   You travel at your own risk. The traveler expressly agrees that Nordic Travel cannot be held responsible for death, personal injury, loss or damage of luggage, or personal valuables.
 
11.10 Limitation of liability in case of force majeure: Compensation payments are not taken into consideration in case of any influence of force majeure or other circumstances beyond the control of Nordic Travel.   These circumstances may include war or threat of war, riot, civil and industrial strikes,
terrorist activities, natural disasters, catastrophes of an atomic nature, adverse weather conditions,
technical transport problems, changes and cancellations of flights by the airline.
 
12. OBLIGATION OF COOPERATION
 
In case of interruption of any services under the statutory provisions, the traveler is required to cooperate and to avoid any damage or to limit it as much as possible. The traveler is particularly required, to notify the Tour Operator immediately of any complaints. Should the Traveler culpably fail to notify the Tour Operator of deficiencies, he looses his right to any price reductions.
In case of complaints or claims regarding any particular part of your travel arrangements, you should notify us immediately, so we have the opportunity to resolve the problem optimally and fast for you.
 
13   EXCLUSION AND DEPRICIATION OF CLAIMS
 
The traveler should make any claims for failure of provision of travel according to the contract, within one month of the foreseen end of the journey, to Nordic Travel. When this term has passed, the traveler can only make a valid claim, if he has been prevented from meeting this deadline through no fault of his own. The date of notification is determined by the date of receipt at Nordic Travel. Contractual rights of the traveler expire after 6 months.
 
14. PASSPORT, VISA, CUSTOMS, FOREIGN EXCHANGE AND HEALTH REGULATIONS
 
The Tour Operator guarantees to inform citizens of the country where the travel services are offered, about the regulations regarding passports, visa and health, as well as possible changes in these regulations before the start of the trip.
For citizens of other countries, the responsible consulate or the embassy will provide this information.   The Tour Operator is not liable for the timely issuance of documents and for the necessary visas from the respective diplomatic representation, if the traveler has contracted the Tour Operator for such procurement, unless the Tour Operator is responsible for the delay.
The traveler himself is responsible for compliance with all the regulations that are important for the implementation of his travel. All disadvantages, particularly the payment of cancellation fees, arising from not following these rules, are at the traveler’s expense, except when they are due to culpably faulty information or a lack of information from the Tour Operator.
The traveler(s) should obtain information about infections and vaccinations and other preventive measures in good time, and possibly medical advice regarding thrombosis and other health risks should be sought.
We refer to general information, especially from the health authorities, physicians who are experienced in travel medicine, tropical physicians, medical travel information services or the Federal Centre for Health Education. We recommend in general, that you bring your vaccination passport along.
 
15 INSURANCES
 
For your own protection, we recommend that you take out insurance for travel luggage, travel accidents, travel illness as well as general travel insurance. When this is not explicitly mentioned, no cancellation insurance is included in our prices. Therefore, we also recommend that you take out cancellation insurance. Further details can be obtained from our contractor Nordic Travel U.S.
 
16 INEFFECTIVENES OF INDIVIDUAL PROVISIONS
 
Should any of the terms contained herein become invalid, this will not affect the validity of this agreement and the entire contract. 
 
 
November 2010
 
Nordic Travel
Stangarhylur 1
110 Reykjavík
Tel.: 00354-570-8605
Tel. 0043 650 6820122
Email: info@nordictravel.is
Internet: www.nordictravel.is

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