Terms and conditions for group travel
1. The scope of the agreement
A binding agreement concerning group travel has been entered into once said travel has been confirmed.
The agreement covers group travel as described in the order and confirmation. It also comprises any and all supplementary services agreed between Berg-Hansen and the customer.
Information provided by Berg-Hansen which does not appear in the confirmed agreement is not considered to be a part of the agreement between Berg-Hansen and the customer.
The terms and conditions laid down in the present document are considered part of the agreement between Berg Hansen and the customer.
2. Personal data
The customer is obliged to supply the necessary, accurate information about persons in the travel party. This applies in accordance with the terms and conditions valid at any time regarding such necessary information in the country in question.
The customer undertakes to ensure that all names stated match names in passports when airline tickets form part of the group travel product.
In the absence of any statement to the contrary, all prices stated include VAT, which will be charged pursuant to the Norwegian Value Added Tax Act of 2009.
Berg-Hansen’s general price list will apply to services not specifically mentioned in offers or travel agreements.
In case of urgent requests (less than three weeks before the event), an extra fee may apply.
If any changes are made in the confirmed group travel, the price for the travel may be altered either fully or in part.
Berg-Hansen reserves the right to alter the price stated as a result of changes in external factors including, but not limited to:
- Currency rates
- Public duties
- Transport costs and fuel prices
- Flight taxes and other domestic or international taxes
- General price changes from subcontractors, including the subcontractors’ refund policy
4. Terms of payment
In the absence of any direct, written agreement to the contrary with Berg-Hansen, the following shall apply:
Berg-Hansen reserves the right to request a deposit in line with the following conditions:
- If the date of the group travel is less than 12 weeks in the future, the customer is to pay the full price of the airline ticket.
- If the date of the group travel is more than 12 weeks in the future, the customer is to pay 30 per cent of the total price of the group travel.
The remaining sum will be charged to the stated credit card or invoiced no later than six weeks before departure.
When ordering group travel less than six weeks before departure, a deposit invoice will be issued, which will be assumed to cover the full price of the group travel ordered.
On conclusion of the group travel, any supplementary costs will be charged via a final invoice.
All expenses for the group travel are to be settled directly with Berg-Hansen.
If the customer agrees any supplements and/or alterations directly with a subcontractor, payment for such is to be made directly to said subcontractor.
On invoicing, the payment deadline is 7 days net from the date of invoice.
If the agreed sum has not been deposited in Berg-Hansen’s account on or no more than two days after the due date, Berg-Hansen will be entitled to cancel the agreement unless the customer can present documentation proving that payment was made on or prior to the due date. In such cases, Berg-Hansen reserves the right to require payment for work performed in connection with the group travel.
Once a binding agreement has been entered into, group travel can only be cancelled directly with Berg-Hansen, with notice of cancellation to be submitted in writing.
In the event of cancellation, the customer will be charged the following costs in the absence of any agreement to the contrary:
- 30 per cent of the agreed total price when cancelling 60 days prior to departure - 50 per - 30 per cent of the agreed total price when cancelling 60 days prior to departure
- 50 per cent of the agreed total price when cancelling 31–60 days prior to departure
- 75 per cent of the agreed total price when cancelling 15–30 days prior to departure
- The full agreed price when cancelling 14 days or less prior to departure.
6.1 The group travel will be considered ‘non-conforming’ when it deviates significantly from what was agreed, and said deviation cannot be attributed to the customer.
6.2 The group travel cannot be considered ‘non-conforming’ if the deviation from what was agreed
- is not significant
- is of a kind that the customer should reasonably have anticipated
- is attributable to breach of contract on the part of a subcontractor – see Item 7, however
- is attributable to events or accidents that Berg-Hansen and/or its subcontractors could not reasonably have been expected to avoid or prevent
- is attributable to extraordinary conditions including, but not limited to, bankruptcy, strike, acts of war, demonstrations, natural disasters, ash clouds, infectious diseases and other conditions comparable to same. This also applies if deviations caused by subcontractors can be attributed to such conditions.
- is due to unforeseen events or circumstances, or to circumstances attributable to third parties, if these are conditions that Berg-Hansen could not reasonably have foreseen when entering into the agreement, or could not reasonably have been expected to deal with or prevent.
- is attributable to conditions that are linked to/arise during the travel; this also applies to cancellations by subcontractors, delays, technical problems, accidents, luggage handling, overbooking and alternative accommodation associated with such conditions.
6.3 If the customer is of the opinion that the group travel failed to conform to an extent that entitles the customer to file a complaint, the customer must inform Berg-Hansen’s representative on site or communicate directly with Berg-Hansen. If the customer has failed to provide such notification within two weeks of returning home, the customer shall forfeit any and all rights in this regard.
6.4 If the group travel should fail to conform as stated above in Items 6.1 and 6.2, the customer shall have access to the following recourses:
The customer may request a price reduction for non-conforming deliveries from Berg-Hansen or to the extent that Berg-Hansen is accorded price reductions from its subcontractors. If the situation was remedied by the customer himself, the price reduction can be set at the expenses for such remedial action, although a price reduction cannot be claimed for non-reasonable expenses.
In the event of non-conformance as stated above in Items 6.1 and 6.2, the customer may terminate the agreement and request reimbursement of any sums paid under the agreement, on condition that the non-conformance in question be significant to the extent that the purpose of the group travel has been significantly negatively impacted.
In the event of non-conformance as stated above in Items 6.1 and 6.2, the customer may claim compensation for losses directly attributable to the non-conformance in question. Neither party shall be entitled to compensation for indirect costs, damages or losses as long as such damages and/or losses cannot be attributed to gross negligence by either party or by anyone for whom said party is responsible.
In the event of non-conformance of the group travel as mentioned in Items 6.1 and 6.2 above, Berg-Hansen is entitled to attempt to rectify the situation. Berg-Hansen is obliged to make a reasonable effort to deal with any incidences of non-conformance.
In the event of non-conformance as mentioned in Item 6.2, Berg-Hansen may, on request and within reasonable limits, provide assistance to the customer, even though such cases of non-conformance do not carry a binding responsibility on Berg-Hansen. Any additional costs incurred for such assistance will be charged to the customer on final invoicing.
8. Disputes and legislation
The parties’ rights and obligations pursuant to the present terms and conditions are subject in their entirety to Norwegian law.
In the event of disputes arising, the parties shall initially attempt to solve same through negotiations with a view to finding an amicable solution. If such negotiations fail to produce a satisfactory result within 30 working days of a request for negotiations being made, the dispute in question may be dealt with through standard court proceedings with Oslo District Court as the legal venue.
In cases where the present terms and conditions deviate from the provisions of the Norwegian Package Tours and Travel Guarantee Act of 1995, the terms and conditions shall take precedence. Group travel covered by the present terms and conditions may, exceptionally, be covered by the provisions of the Norwegian Package Tours Act. In such cases, disputes may be settled by the Norwegian Package Tour Appeal Board.