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- General terms and conditions for package travel
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GENERAL TERMS AND CONDITIONS FOR PACKAGE TRAVEL
The package travel is subject to the Association of Swedish Travel Agents and Tour Operators (SRF) general terms and conditions as agreed within the industry on 28 June 2018, and the organiser's specific terms, as presented in Sembo's terms and conditions on travel.
The organiser is entitled to apply specific terms that deviate from the general terms if the application of specific terms is justified by the special nature of the trip, special provisions for the type of transport (such as booking and sales terms for scheduled flights), deviating accommodation terms due to the special nature of the trip or special circumstances at the destination. The specific terms may not violate the packages travel rules to the disadvantage of the traveller.
The general and specific terms are part of the agreement.
1. THE AGREEMENT
1.1 The agreement becomes binding for all parties when the organiser confirms the traveller’s order in writing unless otherwise agreed. The organiser must confirm the traveller’s order without delay. Right of withdrawal does not apply to package travel agreements.
1.2 The main traveller is the person in whose name the agreement has been entered. The main traveller is first mentioned in the travel documents or in another transparent way. The main traveller is responsible for payment based on the terms in the agreement. All changes and any cancellation must be made by the main traveller. Exceptions can be made if the main traveller becomes seriously ill and cannot make the change or cancellation. The main traveller is responsible for providing the organiser with correct booking information for other travellers covered by the agreement. Any refund will be made to the main traveller.
1.3 If the traveller is under 18 years of age and is travelling without a legal guardian, this must be stated at the time of booking. Some trips can require an age limit over 18 years of age. Information will be provided at the time of booking.
1.4 The times stated for departure and the return trip in the booking confirmation are preliminary. The organiser shall, as soon as possible, and if possible, no later than 20 days before departure, specify the departure times that apply to the trip.
1.5 The organiser shall provide general information regarding passport and visa.
1.6 The organiser shall provide general information about health rules for the travel destination.
1.7 Connecting travel arrangements or other special arrangements are included in the package travel agreement only if they were booked together and at the same time with the services included in the package travel service or if sold together with other services for an overall price.
1.8 Any wishes or special services requested by the traveller are included in the agreement only if they are expressly confirmed in writing by the organiser.
1.9 The traveller is required to check the booking confirmation / travel documents as soon as they have been received to verify that all the details are correct, including that names correctly spelt and match the passport. Any errors must be addressed as soon as possible. The organiser reserves the right to charge a fee corresponding to the actual cost of correcting erroneous information, together with a reasonable compensation for the additional work that the correction incurred. If the error was due to the organiser or a party engaged by the organiser, any correction shall be made without charge to the traveller.
1.10 The main traveller shall immediately notify the organiser of any changes of address, e-mail address, telephone number or other details relevant for the organiser's ability to contact the traveller.
1.11 For certain trips, a minimum number of participants are required for the trip to go ahead. In this case, the traveller will receive clear information about this at the time of booking.
1.12 If airline tickets are part of the package, they must be used in the correct order. Thus, the traveller cannot just use a return ticket when both outward and return tickets have been booked or only part of a route. If the ticket is not used from the start, all other components will be cancelled.
2. PRICE AND PAYMENT
The price must be stated in such a way that the full price of the trip is clearly stated. The price includes all services that are included in the agreement as well as mandatory surcharges, taxes and fees.
2.2 The traveller must pay the price of the trip by the date stated in the agreement.
2.3 At the time of the booking confirmation, the organiser may charge a first instalment (registration fee). The registration fee must be reasonable in relation to the price of the trip and the circumstances in general.
2.4 If the traveller does not pay the price of the trip in accordance with the agreement, the organiser has the right to cancel the agreement and charge reasonable compensation.
2.5 Unless stated otherwise, the price for the trip is based on accommodation for two people in a shared double room. For accommodation for only one person in a double or larger room intended for more than one occupant, the organiser is entitled to charge an additional fee.
2.6 The organiser is also required to inform the traveller of any additional costs that may be applied.
3. THE TRAVELLER’S RIGHT TO CHANGE AND CANCELLATION
3.1 The traveller is entitled to make changes to the agreement if the organiser agrees to it. Changes to the agreement may cause additional costs for the traveller from the organiser or other parties.
3.2 The traveller is entitled to cancel a trip. The organiser reserves the right to request reimbursement from the traveller for the costs incurred by the organiser as a result of the cancellation.
The organiser can specify a reasonable standard cancellation fee based on the time of the cancellation. If the organiser has not specified any standard cancellation fees, the organiser is entitled to a reasonable cancellation fee.
4. THE TRAVELLER’S RIGHT TO TRANSFER THE AGREEMENT
4.1 The traveller may transfer the agreement to any person who meets all the conditions for taking part in the trip. Such a condition may, for example, be that a carrier or other party that the organiser has engaged according to current rules must accept the change in traveller. The traveller must inform the organiser or retailer about the transfer in reasonable time before departure. Notifications made no later than seven days prior to departure are considered to have been made in a timely manner.
4.2 The organiser may charge a reasonable fee for the transfer. The fee may not exceed the costs that the transfer entails for the organiser. The organiser shall demonstrate how the costs are calculated.
4.3 The transferrer and the acquirer are jointly liable to the organiser or retailer for all outstanding payments for the trip and for the additional costs incurred by the transfer.
5. CHANGES BEFORE DEPARTURE
5.1 Changes regarding agreement terms
The organiser is entitled to make changes to the agreement provided that the organiser informs the traveller of the change in a clear, understandable manner through a reliable medium. If the change is insignificant, such as minor changes to flight times, the traveller is not entitled to price reductions or damages. In case of significant changes to the trip, the traveller shall, if possible, be offered an alternative trip or the right to terminate the agreement without a cancellation fee.
5.2 Change of price
5.2.1 The organiser may raise the price for the trip if the increase is due to changes in fuel costs, taxes and public charges or exchange rates.
5.2.2 The travel price may be increased by an amount corresponding to the traveller's share of the cost increase incurred by the organiser. The right to price increases only exists if the cost increase in total exceeds SEK 100 per booking.
5.2.3 The price of the trip shall be reduced if the organiser's costs, for reasons stated above, decrease by a total of at least SEK 100 per booking. The organiser may deduct actual administrative costs in the event of a cost reduction.
5.2.4 The organiser shall notify the traveller as soon as possible of price changes. The notification shall contain a detailed explanation for the change and a calculation.
5.2.5 The price may not be increased and must not be reduced during the last 20 days prior to the agreed date of departure.
5.2.6 The organiser may in its specific terms waive the right to raise the price in accordance with 5.2.1. In this case, the organiser also does not need to lower the price according to 5.2.3.
5.3 The traveller’s right to terminate the contract without a cancellation fee
5.3.1 If the traveller wishes to terminate the agreement due to a significant change, e.g. if the price is increased by more than 8% of the total package price, the traveller must inform the organiser that the agreement is terminated within a reasonable time specified by the organiser from the date the organiser informed the traveller of the change. If the traveller fails to do this, the traveller becomes bound by the new agreement.
5.3.2 If the package travel agreement is terminated, the organiser shall reimburse the full travel price without undue delay and no later than 14 days after the agreement was terminated.
5.4 The organiser’s and traveller’s right to terminate the agreement in case of unavoidable and extraordinary events
5.4.1 Both the organiser and the traveller have the right to terminate the agreement if performance of the package trip or transport of travellers to the travel destination is substantially affected by unavoidable and extraordinary events at the destination or in its immediate vicinity. Inevitable and extraordinary circumstances are deemed to be, for example, serious safety issues such as war, terrorism, outbreaks of serious illness or natural disasters. In such cases, the traveller is entitled to terminate the agreement without paying a cancellation fee. If the organiser terminates the agreement in accordance with this paragraph, the traveller is not entitled to compensation. In such cases, the traveller is entitled to a full reimbursement in accordance with 5.3.2.
5.4.2 The traveller is not entitled to terminate the agreement if the inevitable and extraordinary events were generally known when the agreement was entered into.
5.4.3 To investigate whether the event is of such a serious nature as stated above, experts from Swedish or international authorities shall be consulted. Advice by the Ministry for Foreign Affairs not to travel shall always be considered reason for termination.
6. THE ORGANISER’S RESPONSIBILITY FOR PERFORMANCE OF THE PACKAGE TRAVEL ARRANGEMENT
If a travel service is not performed as set out in the agreement, the organiser shall rectify the failure within a reasonable timeframe. However, the organiser is not required to rectify the failure if it is impossible or if the remedy would entail disproportionate costs. If the organiser does not remedy the failure, the traveller may be entitled to a price reductions and damages.
6.2 Major failings
6.2.1 If, after departure, a substantial part of the agreed services cannot be provided, the organiser shall, if possible, arrange for equivalent or at least equivalent alternatives at no additional cost to the traveller. If the organiser is not able to offer this, the organiser may offer alternatives of a lower quality combined with reasonable a price reduction. The traveller may only reject such alternatives if they cannot be considered as comparable to those which would have been provided under the agreement or if offered price reduction cannot be considered reasonable.
6.2.2 If the organiser cannot offer an alternative or if the traveller is entitled to reject such alternatives under 6.2.1, the traveller may be entitled to a reduction and damages.
6.2.3 In case of errors that substantially affect the execution of the package trip and which the organiser has not remedied within a reasonable time, the traveller may terminate the agreement and may also be entitled to deductions and damages.
6.2.4 In cases where the organiser is not able to offer an alternative or if the traveller is entitled to refuse such alternatives under 6.2.1., or if the traveller has terminated the agreement under 6.2.3, the traveller is entitled to equivalent repatriation without undue delay and at no extra cost if the package includes transport and the traveller is at the destination.
7. PRICE REDUCTIONS AND DAMAGES
7.1 Price reductions are not payable if the organiser can show that the failure is due to the traveller.
7.2 The traveller is not entitled to damages if the organiser shows that the failure is due to the traveller or a third party that is not connected with the provision of travel services included in the package or if the failure is due to unavoidable and extraordinary events.
7.3 If the failure is due to a party engaged by the organiser, the organiser is released from liability for damages under these terms and conditions of travel only if the party engaged by the organiser would have been released according to the provision. The same applies if the failure is due to a party further up the chain.
7.4 The right to damages due to cancellation of the trip by the organiser does not exist if the organiser shows that fewer persons than a minimum number specified in the agreement have signed up for the trip and the traveller has been notified of the trip’s cancellation in writing within an agreed period set out in the agreement.
Notification that a trip has been cancelled must be submitted by the latest
• 20 days before departure if the journey lasts longer than 6 days
• 7 days before departure if the journey lasts between 2 and 6 days
• 48 hours before departure, if the journey lasts less than 2 days
7.5 Damages under these terms include compensation for strictly pecuniary damage, personal injury and damage to property. The traveller is obliged to limit the damage as far as possible.
7.6 Unless otherwise limited by the package travel rules or other mandatory legislation, the organiser's liability for damage is limited to three times the price of the package arrangement. However, this limitation does not apply to personal injury or damage caused intentionally or negligently.
8.1 The traveller may only claim failings in the agreed services provided he or she has notified the organiser or retailer of the failing within a reasonable timeframe after having noticed or should have noticed the failing. This must be done as soon as possible and if possible while at the travel destination. When determining any price deductions or damage compensation, the date on which the traveller made the claim is to be taken into account if such notification would have meant that the organiser could have rectified the failing.
8.2 By way of derogation from section 8.1, the traveller may claim failings if the organiser or retailer has acted with gross negligence or contrary to good faith.
9. THE TRAVELLER’S RESPONSIBILITY DURING THE TRIP
9.1 The organiser's instructions
The traveller is obliged to follow the directions for the tour's implementation provided by the tour operator or by another person whom the organiser hires. The traveller is obliged to respect the rules of conduct applicable to the journey and the stay and to act so that fellow travellers or others are not disrupted. If the traveller significantly violates this, the organiser may cancel the agreement without the traveller being entitled to compensation or refund.
9.2 The traveller's liability for damage
The traveller is liable for any compensation which the traveller causes the organiser through negligence.
9.3 The traveller’s responsibility regarding formalities
9.3.1 The traveller is responsible for observing the necessary formalities for undertaking the trip, such as possession of a valid passport, visa, vaccinations, and insurance.
9.3.2 The traveller must have completed check-in for all transport services included in the package according to the itinerary or in accordance with other instructions from the organiser or carrier.
9.3.3 The traveller is responsible for all costs incurred due to shortcomings in the formalities, such as repatriation due to a lack of passport, unless the defects were caused by incorrect information from the organiser or retailer.
9.3.4 The traveller is responsible for familiarising himself or herself with information provided by the organiser.
9.4 Deviance from the arrangement
Travellers who deviate from the arrangement after the trip has commenced are required to inform the organiser or their representative.
10. THE ORGANISER’S OBLIGATION TO PROVIDE ASSISTANCE
If the traveller experiences difficulties during the trip, the organiser is obliged to provide appropriate assistance without unnecessary delay. Such help may, for example, be information about healthcare services, local authorities and consular support. The organiser is entitled to charge a reasonable fee for such assistance if the situation has been committed intentionally or by negligence on the part of the traveller.
11. DISPUTE SETTLEMENT
The parties should try to settle disputes concerning the interpretation or application of the agreement between themselves. If the parties cannot agree, the dispute can be reviewed by the National Board for Consumer Complaints (ARN), Box 174, 101 23 Stockholm, www.arn.se, or by a civil court. A dispute can also be reviewed via the EU Commission's online platform: http://ec.europa.eu/odr.
Visa and vaccinations
In accordance with the Package Holidays Act, we are obliged to keep EU/EEA citizens updated on what the visa requirements are for each destination. For information on visas and the requirements that apply to different destinations please look at your home country's webpage. Citizens from other countries are advised to contact their nearest embassy or consulate. If you’re making a booking on someone else’s behalf, you must notify your travel company of the above requirements.
You will need to check whether you have to renew your passport or apply for a visa.
To find out how long it takes to get a visa, contact the embassy for the country you’re travelling to in the country where you are a citizen. Remember to do this in good time, as it may take a long time, depending on your destination. If you are a citizen of another country, you must contact the nearest embassy or consulate.
We recommend that you review your travel insurance cover. You may, for example, need extra cover for lost or damaged luggage as well as hospital expenses and possible homeward journey should you become ill or have an accident. If you have home contents insurance, travel insurance is normally included in the cover. Find out what your insurance covers for you, by checking through your insurance policy or speaking to your insurance company.
Remember also to take your European Health Insurance Card with you. It entitles you to healthcare and dental services within the EU, EEA and Switzerland and can be ordered from your health insurance provider/health service.
For trips to Russia, Belarus and Cuba, you will need a valid Travel Cover Declaration. Contact your insurance company for more details.
If you have special requirements for your reservation, it’s important to find out what is applicable for you before you travel.
Remember to check what vaccinations you require, if you’re travelling outside Europe. This is important because certain countries require that you have been vaccinated against the more common diseases before allowing you entry.
You can find details on health regulations and the requirements that apply for different destinations on your local government web pages.