GENERAL TERMS AND CONDITIONS – ARRANGEMENTS
Terms and conditions for arrangements. The expression “arrangement” is used for all products and services ordered from and/or arranged by Berg-Hansen.
1. What the agreement covers
A binding agreement is concluded when the arrangement has been confirmed by the customer.
The agreement covers the arrangement as stated at the time of order and on confirmation. It likewise applies to any supplementary services agreed between Berg-Hansen and the customer.
Information supplied by Berg-Hansen that is not stated in the confirmed agreement is not considered part of the agreement between Berg-Hansen and the customer.
The terms and conditions set out in this document are considered part of the agreement between Berg-Hansen and the customer. Where Berg-Hansen has attached separate terms and conditions for sub-deliveries, these terms and conditions are part of the agreement. In the event of contradiction, the special terms and conditions for the sub-delivery in question take precedence.
2. Personal data
The customer undertakes to supply the necessary correct information about the persons in the travel party. This applies in accordance with the appropriate conditions for such necessary information in effect at any time in the separate countries.
The customer undertakes to ensure that the names supplied match names in passports when airline tickets form part of the arrangement.
In the absence of any statement to the contrary, VAT is included in all prices stated. VAT will be added in accordance with the Norwegian Act relating to value added tax of 2009.
For services not specifically mentioned in the offer or travel agreement, Berg-Hansen’s general price list shall apply.
An express fee will be added if the time between the placement of the order and the performance of the arrangement is less than three weeks.
If changes are made to a confirmed arrangement, the price for the entire arrangement or parts of same may be recalculated. In the event of changes, the details of the order will be updated on the “My arrangements” tab.
Berg-Hansen reserves the right to modify quoted prices as a result of changes, for example on account of the following circumstances beyond the company’s control:
- Currency exchange rates
- Public taxes and duties
- Transport costs and fuel prices
- Aircraft taxes and other domestic or international taxes
- General changes in prices from subcontractors, including changes to subcontractors’ refund policy
4. Terms of payment and invoicing
In the absence of any specific, written agreement to the contrary with Berg-Hansen, the following terms apply:
- If the date/time of the event is less than 16 weeks in the future, the full cost of the event will be invoiced on conclusion of the agreement.
- If the date/time of the event is more than 16 weeks in the future, a deposit of at least 30 per cent of the total cost of the arrangement will be charged.
Once the arrangement has been concluded, the remaining costs will be settled through a separate final invoice.
Settlement of all parts of the agreed arrangement is to be made directly to Berg-Hansen.
Services that were not ordered through Berg-Hansen, but which are to be re-invoiced by Berg-Hansen, will be subject to a supplement of 10 per cent (minimum NOK 2,500).
On invoicing, the payment deadline is 7 net days from the date of invoice. If the agreed sum has not appeared on Berg-Hansen’s account within two days of the due date, Berg-Hansen may terminate the agreement unless the customer can present documentation proving that payment was made prior to the due date. On termination of an agreement,
Berg-Hansen may demand payment for any work performed and outlays made.
In certain cases, Berg-Hansen can provide individual invoicing of each participant in the arrangement. Payment from participants will then be credited to the client on the final invoice. In the event of individual invoicing per participant, Berg-Hansen will issue invoices and send one reminder.
The payment deadline on invoices for individual participants is seven days. If an individual participant fails to pay after the reminder has been issued, the client will not be credited for any missing payments at final settlement. Final settlement can be completed up to one month after the event has been concluded.
Once a binding agreement has been entered into, an arrangement can only by cancelled in writing directly to Berg-Hansen.
In the absence of any agreement to the contrary, the customer will be charged the following costs on cancellation:
- 30 per cent of the total price in the event of cancellation up to 60 days before departure
- 50 per cent of the total price in the event of cancellation 31–60 days before departure
- 75 per cent of the total price in the event of cancellation 15–30 days before departure
- The full agreed price in the event of cancellation within 14 days of departure
6.1 The arrangement will be deemed to be “defective” when it deviates significantly from what was agreed, for reasons not attributable to the customer.
6.2 The arrangement will not be considered to be “defective” if the deviation from what was agreed:
- Is of minor significance
- Is of such a kind that the customer could reasonably have expected the deviation to arise
- Is attributable to breach of contract on the part of a subcontractor. However, see Item 7.
- Is attributable to events and/or misfortune that Berg-Hansen and/or any subcontractors could not have prevented by reasonable means
- Is attributable to extraordinary conditions such as bankruptcy, strikes, acts of war, campaigns, natural disasters, ash clouds, infectious diseases and other conditions corresponding to the above. This also applies to subcontractor deviations attributable to such conditions.
- Is attributable to unforeseeable incidents or circumstances, or circumstances caused by a third party, if these are conditions that Berg-Hansen could not have foreseen on entering into the agreement, or could not have prevented or rectified by reasonable means.
- Is attributable to conditions that are linked to, or occur during, the journey; this also applies in the event of subcontractor cancellations, delays, technical difficulties, accidents, luggage handling, overbooking and alternative accommodation in such conditions.
6.3 If the customer is of the opinion that the arrangement suffered defects that entitle the customer to submit a complaint, the customer must inform the Berg-Hansen representative in situ or Berg-Hansen directly. If no such notification is made within two weeks of returning home, the customer shall forfeit any rights in this regard.
6.4 In the event of defects in the arrangement as mentioned in Item 6.1, cf. 6.2 arising, the following remedies are open to the customer:
The customer can only demand a price reduction for defects in deliveries directly from Berg-Hansen, or to the extent that Berg-Hansen can obtain a price reduction from the subcontractor. In the event that the customer himself assisted in remedying the situation, the price reduction can be set at the expenses for such assistance, although such that the customer may not claim a discount for any unreasonable expenses.
In the event of defects as mentioned in Item 6.1, cf. 6.2 the customer may terminate the agreement and demand reimbursement of any sums paid under the terms of the agreement if the defect is significant to the extent that it substantially undermined the purpose of the arrangement.
In the event of defects as mentioned in Item 6.1, cf. 6.2 the customer may claim compensation for direct losses that are attributable to the defect. None of the parties shall be entitled to compensation for indirect costs, damages or losses as long as such damages or losses are not attributable to gross negligence on the part of one of the parties, or anyone for whom a party is responsible.
7. Remedial action
In the event of defects in the arrangement as mentioned in Item 6.1, cf. 6.2 Berg-Hansen shall be entitled to attempt to remedy the defect. Berg-Hansen undertakes to take reasonable steps to remedy the defect.
In the event of deviations from what was agreed, as mentioned in Item 6.2, Berg-Hansen may, on request and within reasonable limits, provide the customer with the necessary assistance, even though such deviation may not be liability-inducing for Berg-Hansen. Extra costs incurred for such assistance will be charged to the customer on the final invoice.
8. Disputes and legal venue
The parties’ rights and obligations under the present terms and conditions are regulated in their entirety by Norwegian law.
In the event of disputes arising between the parties, the parties shall initially attempt to reach an amicable settlement through negotiation. If such negotiation fails to produce an acceptable result within 30 working days from the time when a request for negotiation was made, the dispute shall be settled in the ordinary courts, with Oslo District Court as the venue.
In cases where the present terms and conditions deviate from the provisions of the Norwegian Act on package tours and travel guarantee of 1995, the present terms and conditions shall apply. Arrangements covered by the present terms and conditions may exceptionally be covered by the provisions of the Norwegian Package Tours Act. In such cases, disputes can be settled by the Norwegian Package Tours Complaints Board (Pakkereiseklagenemnda).