GENERAL TERMS AND CONDITIONS
1. Registration, Trip Confirmation
1.1 By registering, the traveler is committing to a travel contract with Svalbard Photography AS. Registration is completed by written confirmation. Registration is valid for all participants included in the registration process, provided the traveler has not expressly and separately committed to not accept responsibility for their contractual obligations. The traveler’s registration is binding until its acceptance by Svalbard Photography AS, but for no more than 14 days from the date of the registration.
1.2 The travel contract becomes valid at the time of its acceptance by Svalbard Photography AS. The traveler will receive travel confirmation from Svalbard Photography AS in writing. Any changes between the registration and the travel confirmation will be expressly mentioned in the travel confirmation. Svalbard Photography AS is bound for 10 days by any changes offered in the travel confirmation. In case of changes in the travel confirmation, the contract becomes valid only if accepted by the traveler within 10 days of the date of the travel confirmation.
1.3 These Terms and Conditions are valid only for activities conducted directly by Svalbard Photography AS.
1.4 For services from other providers or travel offers which carry the disclaimer “Travel conducted by a Svalbard Photography AS Partner” and are thereby identified as offers from other providers in its publications, Svalbard Photography AS is acting as an agent only. These services and travel offers are governed by the respective provider’s own terms and conditions.
2. Payment and Transmission of Travel Documents
2.1 A deposit of 30% of the total travel price is due at the time the contract is registered. Except for day trips where the full price is due at the time the contract is registered.
2.2 Svalbard Photography AS will apply all deposits to the travel price.
2.3 The remainder of the travel price is due no later than 60 days prior to travel.
2.4 If booking occurs less than 60 days prior to travel, the full price is due immediately.
2.5 Failure by the traveler to make payment in full when due, will result in complete loss of travelers’ rights to the travel services in question. In case of bank transfers, the relevant date is the date of receipt of payment in full in the bank account of Svalbard Photography AS.
2.6 Following payment in full, the traveler will receive the travel documents by e-mail.
2.7 Svalbard Photography AS is entitled to withdraw from the contract and to demand damages from the traveler due to non-fulfillment if the latter has not paid the travel price that was due following written notice and a reasonable grace period.
2.8 In case of cancellation due to non-fulfillment of contract, reimbursements for cancellation damages, processing and transfer charges, and insurance premiums are due immediately.
3.1 The scope of the contractually-agreed services is derived from the service descriptions on the website of Svalbard Photography AS; clearly agreed-upon special requests by the traveler; and the relevant information that reiterates specifics in the Travel Confirmation.
3.2 Svalbard Photography AS reserves the right to change the scope and specifics of services offered in its publications at any time prior to contractual commitment as may be necessary due to severe, unforeseen circumstances. Travelers will be informed of such changes prior to any affected travel booking.
3.3 For above mentioned reasons Svalbard Photography AS also reserves the right to change the travel prices from those offered in its publications at any time prior to contractual commitment. Travelers will be informed of such changes prior to any affected travel booking.
3.4 Travel agents and guides are permitted to make commitments differing from the travel contract or provide additional or modifying agreements only due to weather or safety-related reasons.
4. Service and Price Changes
4.1 Due to the specific nature of trekking- and expedition-based tours, modifications in individual travel services (as described in the already agreed-upon contract) may become necessary. However, nothing in this clause permits Svalbard Photography AS to commit any type of wrongdoing.
4.2 The above section does not affect any warranty claims that may become effective if substitute services are insufficient.
4.3 Svalbard Photography AS is required to inform any affected traveler of service changes or program discrepancies at the earliest possible time.
4.4 Svalbard Photography AS reserves the right to change the published and contractually agreed upon travel prices in case of increased transportation costs, especially fuel costs and fees and taxes levied on specific services, such as port and airport fees, customs and entry fees, or changes in exchange rates in reference to the individually added calculations.
Svalbard Photography AS may charge the value discrepancy of any payment affected by such fluctuations.
4.5 Svalbard Photography AS is required to provide the traveler with an explanation of the reasons for such changes in pricing or services promptly upon becoming aware of such reasons.
4.6 In the case of price increases greater than 5% of the travel price or substantial changes of primary services of the booked travel, the traveler is permitted to withdraw from the travel contract free of charge.
4.7 The traveler is required to exercise these rights promptly upon being informed of such changes by Svalbard Photography AS.
5. Withdrawal by the Traveler
5.1 The traveler is permitted to withdraw from the travel contract at any time prior to the start of travel. Withdrawal is considered effective only upon receipt of such notice by the travel provider or his authorized agents. Any withdrawal notice has to be in writing.
5.2 In case of withdrawal by the traveler or if the traveler fails to participate in the travel, Svalbard Photography AS may demand appropriate compensation. The amount of this compensation is determined by the receiving date of the withdrawal notice.
5.3 Svalbard Photography AS may set a specific withdrawal compensation for any travel offering as a fixed percentage of the typical cost savings and the time span between the withdrawal and the start of the travel in accordance with the following scale:
5.4 For all bookings with Svalbard Photography AS, a processing fee of 50.00 EUR will be charged until the 121st day prior to the start of the booked travel offering. An additional fee of 30% of the travel costs will be charged from the 120th to the 31th day, 50% from the 30th to the 15th day, 100% from the 14th day onward.
5.5 The traveler may request that a third party be permitted to assume his or her place in the travel contract until the initial travel start date.Svalbard Photography AS may deny this request if the third party cannot fulfill the specific travel requirements for the offering concerned, or if the third party’s participation would be barred for legal or regulatory reasons. If a third party assumes the responsibilities of the travel contract, the third party as well as the original traveler will be jointly held liable for the entire travel price, including any additional costs incurred by Svalbard Photography AS due to the third party’s participation.
6. Withdrawal and Cancellation by Svalbard Photography AS
The following circumstances would permit Svalbard Photography AS to withdraw from the travel contract either prior to or during the booked travel:
6.1 Svalbard Photography AS may cancel the travel contract at any time if sufficient reasons are present. Guides or local representatives of Svalbard Photography AS are authorized to declare the cancellation. A sufficient reason would occur if the traveler could not fulfill the specific travel requirements for the booked travel or if his conduct during the travel significantly disturbs or endangers the progress of the travel and is unable or unwilling to change his conduct upon request. In the case of a cancellation due to such circumstances, Svalbard Photography AS retains the right to the entire travel price.
6.2 If a travel offering does not reach a minimum number of participants, whether published or a legal requirement, Svalbard Photography AS may cancel the travel contract provided the participation requirement was published with the original travel offering. In this case, Svalbard Photography AS is required to inform the traveler of any such cancellation as soon as the conditions for such a cancellation present themselves. This type of cancellation entitles the traveler to a full refund of any payments made towards the price of the travel.
7. Force majeure and Coronavirus
7.1 Svalbard Photography AS may cancel the travel contract following unforeseen events of force majeure, that is, a natural disaster of the sort that would impede the progress of or endanger the participants of the trip. In such a case, the traveler is permitted to withdraw from the travel contract as well. This type of cancellation entitles Svalbard Photography AS to compensation and the cancellation policy applies.
7.2 Svalbard Photography AS is obligated to obtain safe transportation for the return of the traveler, especially if such transportation is already included in the travel contract. Any additional expenses for such transportation or other measures taken by Svalbard Photography AS will be worn by the traveler.
7.3 Svalbard Photography AS is following Norwegian infection control roles in the actual coronavirus situation. Due to the entry requirements, mandatory quarantine restrictions may occur or entry into the country may be denied. In such a case, the traveler and Svalbard Photography AS are permitted to withdraw from the travel contract. The processing fee of 50.00 EUR will be charged nevertheless. If the program is affected during the excursions no refund will be payed.
8.1 Svalbard Photography AS is liable to complete the following tasks with professional due diligence:
- Thorough travel preparations
- Careful selection and supervision of its service providers and agents
- Orderly completion of a contracted services for which Svalbard Photography AS is the service provider
- Facilitation of the contracts for any arranged travel services
- Consultation and information required by the traveler
- Diligent execution of the travel contract
9.1 If a contracted travel service is not provided, the traveler may demand redress. Svalbard Photography AS may provide redress in form of a substitute service of equal value. Svalbard Photography AS may deny redress to the traveler if the demands are unreasonable or if the changes in program are due to force majeure or Coronavirus.
9.2 The traveler may demand compensation for damages beyond a reduction in price unless the failure to provide travel services as contracted was due to factors outside the control of Svalbard Photography AS.
10. Limited Liability
10.1 Svalbard Photography AS may not be held liable for non-physical damages.
10.2 Svalbard Photography AS may not be held liable for damages resulting from unauthorised actions.
10.3 Svalbard Photography AS may not be held liable for disturbances or damages concerning services that were contracted to a third party and were identified as such in the publication of the travel offering.
10,4 Svalbard Photography AS may not be held liable for any any kind of material damages including camera equipment.
10.5 Any liability of Svalbard Photography AS is limited to NOK 1´000´000.-
11. Limitations and Exclusions
Any demands for restitution due to a failure of Svalbard Photography AS to fulfill its contractual obligations must be made to Svalbard Photography AS, Postboks 33, N-9171 Longyearbyen, Norway, within one month of the contractual conclusion on the travel services. Demands for restitution may still be brought after this time frame if the traveler was unable to make his demands at an earlier time due to factors outside his control. All demands are limited to a period of one year following the contractual conclusion of the contracted travel services.
12. Duties of the traveler
The traveler is required, within the limitations of applicable law, to seek to avoid or limit possible damages if services are not provided as contracted. Any complaints must be brought to the local representatives of Svalbard Photography AS. These representatives are authorized to provide redress wherever possible. Failure to make any complaints known to Svalbard Photography AS will result in the loss of the right to a reduction in price.
13. Passport, Visa, and Health Requirements
13.1 Svalbard Photography AS is not required to inform citizens of the country wherein its travel packages are advertised the related passport and visa requirements, as well as the deadlines to obtain the required documents and potential changes in these requirements. Citizens of other countries (outside of the locale wherein Svalbard Photography AS is advertising) may be subject to alternative passport or visa requirements which those participants may obtain from the respective consulates. Svalbard Photography AS recommends the traveler to get information about any health-related requirements and procedures that may apply to their participation in any given travel offering, as well as any changes of these requirements prior to the start of travel.
13.2 Svalbard Photography AS is not be held liable for the timely provision of any required visas or other travel documents by the respective diplomatic institutions.
13.3 The traveler is responsible for adhering to all regulations pertaining to the travels. This includes the correct spelling of one’s own name, and the names of all other persons that are part of the traveler’s travel contract, in accordance with their respective passports.
13.4 All costs, especially those associated with the inability to travel due to failure to obtain the required documentation, are borne by the traveler, unless they emerge due to false information from Svalbard Photography AS.
14. Disclaimers regarding information on the internet page
14.1 All information on the internet page regarding services, programs, dates, prices, and conditions are up to date.
14.2 All previously published travel information expires with the publication of a new catalogue or new offerings via internet. However, these updates do not imply a change to these General Terms and Conditions.
If any portion or portions of the travel contract are deemed invalid, this does not invalidate any other portion of the travel contract. All unaffected portions of the travel contract remain valid and enforceable.
16. Governing Law
16.1 Svalbard Photography AS is domiciled in Longyearbyen in Svalbard, Norway. Any legal complaints against Svalbard Photography AS may only be brought in Longyearbyen or at the Superior Court of Tromsø, Norway.
16.2 Any legal action by Svalbard Photography AS against a traveler will be brought at the Superior court of Tromsø, Norway.
17. Validity of information provided
Errors in prices and dates reserved.
Stand October 2022
Svalbard Photography AS
(Org. nr 930 163 562)
Superior Court Tromsø