Travel Terms and Conditions
Northern Explorers AS
Last update 10/2024
1. Conclusion of the travel contract
1.1 With the completed and signed booking form (travel registration), Northern Explorers AS (hereinafter referred to as tour operator) is offered the conclusion of a travel contract. With our written confirmation (by e-mail) the contract becomes valid.
1.2 If the contracting party registers other travel participants in the registration for the trip, the contracting party is automatically responsible for all resulting obligations arising from the contract and the general travel and business conditions of the tour operator, even if these are regarding other persons are in the registration.
1.3 The contracting party must provide us with the relevant personal data required for the booking. Incorrect or incomplete data can lead to incorrect bookings of flight tickets etc. The tour operator cannot be held responsible in such cases.
2. Payment
2.1 Upon conclusion of the contract, a deposit of 30% of the travel price per person is due immediately. The remaining amount is to be paid without further request by the date stated on the invoice before the start of the journey.
2.2 If the contracting party fails to make a payment, the tour operator will send a written reminder. If payment is not made even after this written reminder, the tour operator reserves the right to terminate the contract immediately. He is entitled to charge cancellation fees (see point 6.1).
3. Services
3.1 The content of the travel contract is determined exclusively by the descriptions, illustrations, and price information in the brochure (or website) valid for the travel period. Verbal agreements that are contrary to the travel conditions and service descriptions must be in writing to be effective.
3.2 The essential contents of the trip are listed in the invoice. If there are verifiable and non-communicated deviations from the included services at the time of booking, the traveller is entitled to a change in the invoice.
3.3 The tour operator is not responsible for photos, brochures and advertising material published by third parties, nor for promises and “special agreements” between the contractual partner and a third (intermediary) party.
4. Service- and price changes, cancellation
4.1 Deviations of individual travel services from the contractually agreed content of the travel contract, which occurred after the conclusion of the contract and which were not brought about by us in bad faith, are permitted if the deviations are not significant and do not affect the overall design of the booked trip.
4.2 We are entitled to cancel a trip up to 30 days before the start if the minimum number of participants has not been reached. In such a case, we will offer the contracting party a different trip. If the contracting party does not accept this alternative, amounts paid will be fully refunded, but further claims are excluded.
4.3 Furthermore, we are entitled to cancel a tour in the event of unforeseen events and force majeure (e.g., natural disasters, exceptional weather, or ice conditions). If cases of force majeure occur before the departure date, the paid travel price will be refunded. Should this happen during a tour, we will try to offer alternatives. If this is impossible, either we or the contracting party can end the trip. In this case, the contracting party is responsible for possible unforeseen costs (e.g., flight changes) when it ends the trip.
4.4 If the travel date is later than 4 months after the conclusion of the contract, we are entitled to increase the price if it is based on circumstances that only occurred after the conclusion of the contract and which were unforeseeable; the price increase must be kept within the framework of the changed circumstances. If exchange rates, official tariffs, fees or taxes change, the prices can be adjusted at any time. If the travel price increases by more than 10%, the traveller is entitled to withdraw from the contract without paying a fee. The withdrawal must be communicated to us in writing without delay.
4.5 If there are changes in the itinerary due to weather changes, seamanship reasons or also due to pack ice movements, this does not entitle to claim damages against the tour operator. Likewise, he is not responsible for unfulfilled personal expectations and if individual places (mentioned in the travel description) cannot be visited for the above-mentioned or logistical reasons.
5. Unused services
If the traveller does not use travel services in whole or in part, there is no entitlement to reimbursement of the equivalent value by the tour operator.
6. Withdrawal or rebooking by the traveller
6.1 The traveller can withdraw from the trip at any time before the start of the trip by means of a written declaration. The receipt of the written declaration of cancellation by us is decisive for the calculation of the cancellation rate, even in the case of cancellation by telephone. In such cases, we are entitled to withhold the following share of the total tour price:
Individual trips/group trips
– up to and including 180 days before the start of the trip 30% plus €150 handling fee per person
– from 179 days and up to and including 90 days before the start of the trip 60% plus €150 handling fee per person
– from 89 days and up to and including the start of the trip 100% without handling fee
Full charter booking
If the entire ship is cancelled, the same cancellation conditions apply as for individual trips or, in the case of separate cancellation conditions, according to the most recent invoice. If only individual persons are cancelled and no replacement person is named, 100% cancellation costs will be charged for this person from receipt of the booking confirmation, as this is a full charter booking and not a single seat.
6.2 Rebooking’s are considered withdrawal with subsequent new registration. The following handling fees apply:
– Rebooking to another destination: 250€ per person plus any price difference
– Rebooking to another travel date of the same tour: 150€ per person plus any price difference
7. Duty of cooperation of the traveller
7.1 Every traveller is obliged to follow the instructions of the tour operator and their tour guide.
7.2 In the event of violations, which can lead to disturbances or even danger to oneself, fellow travellers or the guides, the contracting party will be excluded from the further trip or certain activities by the tour operator or on his behalf. This does not entitle the contracting party to a reduction in the tour price.
7.3 If such a disruption of the process occurs due to disregard of instructions on the part of the traveller, the traveller must bear all costs incurred as a result.
7.4 The traveller can also be excluded from diving and other activities if he/she does not have the appropriate diving equipment or training (as required by the tour operator in the itinerary). This also does not entitle the contracting party to a reduction in the tour price.
8. Diving and other activities
8.1 All booked services and activities, e.g., staying on ships, snorkelling and diving with equipment, take place 100% at your own risk. The tour operator is not responsible for any damage, injury, illness, or death.
8.2 If the traveller participates in diving or snorkelling activities, the tour operator or a guide on board the ship will require the traveller to sign a liability waiver certifying that the traveller is acting at his/her own risk.
8.3 In any case, the traveller must carry a valid health certificate (signed by a doctor) and must show it to the tour operator on request; as well as a copy of the internationally valid proof of diving training (diving license).
8.4 The trips we offer are often expeditions to remote areas with severely limited infrastructure and no medical facilities. When booking such a tour, the contracting party must be aware that it is not a package holiday.
9. Liability of the tour operator
9.1 If the tour operator is forced to cancel a trip in accordance with points 4.2 or 4.3, only the tour price already paid will be reimbursed to the contracting party. The tour operator is not responsible for any other costs related to the trip.
9.2 The tour operator is liable within the scope of the duty of care of a prudent businessman. He is obliged to provide the trip in such a way that it has the promised properties and is not afflicted with defects that give up or reduce the value or suitability for the usual use or use required by the contract.
9.3 Statutory limitation of liability and statute of limitations: the liability of the tour operator is complete or limited insofar as its liability is also excluded or limited due to statutory provisions that apply to the services to be provided by a service provider.
9.4 Contractual limitation of liability: The liability of the tour operator is limited to three times the tour price if damage to the traveller is not caused by the tour operator intentionally or through gross negligence.
9.5 The tour operator is not liable for service disruptions in connection with services that are only mediated as third-party services (e.g., flights, hotels, excursions, etc.) and that are marked as third-party services or “services not included” in the travel description or on the invoice.
9.6 Participation in snorkelling and diving programs is expressly at your own risk.
9.7 The assignment of travel claims against the tour operator, the legal basis for which lies in performance disruptions, is excluded.
10. Insurance
It is strongly recommended to take out travel expenses insurance, luggage insurance, travel accident insurance and travel health insurance. The tour operator is not liable for damage incurred by the traveller due to a lack of insurance. It is mandatory for divers to have or take out insurance that covers the costs incurred in the event of a diving accident (e.g., DAN, Aquamed, DiveAssure).
11. Passport, visa, customs, currency, vaccination and health regulations
Each traveller is responsible for complying with passport, visa, customs, foreign exchange, vaccination, and health regulations. All disadvantages arising from non-compliance with these regulations are at his/her expense, even if these regulations are changed after the trip has been booked.
12. Invalidity of individual paragraphs
The invalidity of individual paragraphs of the travel contract does not result in the invalidity of the entire travel contract.
13. General
13.1 All information in our flyers and websites is correct at the time of printing.
13.2 We reserve the right to correct errors as well as printing and calculation errors.
13.3 All personal data provided to the tour operator are protected against any improper use in accordance with “personopplysningsloven”.
13.4 If Northern Explorers AS only acts as an intermediary, the travel conditions of the mediated organizer named on the invoice shall apply in addition to our General Terms and Conditions.