GENERAL CONDITIONS OF TRAVEL FOR PACKAGE TOURS
The trip is subject to the Swedish Travel Industry Association’s (SRF) general terms and conditions agreed within the industry on 28 June 2018 (revised on 20 May 2021) and the organizer’s special terms and conditions, which are stated below. The special conditions are listed at the end of this document.
The tour operator is entitled to apply special conditions that differ from the general ones, if the application of special conditions is justified by the special nature of the trip, special provisions on the mode of transport (such as booking and sales conditions for scheduled flights), different accommodation conditions due to the special nature of the trip or special circumstances at the destination. The special conditions must not contravene the Package Travel Act to the detriment of the traveler.
The general and special conditions are part of the contract.
1. THE AGREEMENT
1.1 The contract becomes binding on the parties when the organizer has confirmed the traveler’s order in writing, unless otherwise agreed. The organizer shall confirm the traveler’s order without delay. The right of withdrawal does not apply to package travel agreements.
1.2 The principal passenger is the person in whose name the contract has been concluded. The principal passenger is first indicated in the travel documents or in another clear manner. The principal passenger is liable for payment under the contract. All changes and possible cancellations must be made by the principal passenger. Exceptions can be made if the principal traveler becomes seriously ill and cannot make the change or cancellation. The main traveler is responsible for providing the organizer with correct booking details for other travelers covered by the contract. Any refund will be made to the main traveler.
1.3 If the traveler is under 18 years of age and traveling without a guardian, this must be stated at the time of booking. Some trips may require an age limit that may be higher than 18 years. Information is provided at the time of booking.
1.4 The departure and return times in the booking confirmation are provisional. The organizer shall specify the departure times to be applied to the trip as soon as possible and if possible no later than 20 days before departure.
1.5 The organizer shall provide general information on passport and visa requirements.
1.6. The organizer shall provide general information on health regulations for the destination.
1.7 A connecting trip or special arrangement is included in the package travel contract only if it is booked together and at the same time with the services included in the package travel or if it is sold together with other services for a total price.
1.8 Any requests or special services at the request of the traveler are included in the contract only if they are expressly confirmed in writing by the organizer.
1.9 The traveler is obliged to check the booking confirmation/travel documents as soon as they are received and that all information is correct, including that names are spelled correctly and correspond to the passport. Any inaccuracies must be reported as soon as possible. The organizer reserves the right to charge a fee corresponding to the actual cost of correcting incorrect information plus reasonable compensation for the additional work involved in the correction. If the inaccuracy is due to the organizer or someone he has hired, the correction shall be made at no cost to the traveler.
1.10 The principal traveller shall immediately notify the organizer of any changes of address, e-mail address, telephone number or other information of importance to the organizer’s ability to contact the traveller.
1.11 For some trips, a minimum number of participants is required for the trip to take place. In this case, the passenger must be clearly informed of this at the time of booking at the latest.
1.12 If air tickets are part of the package, they must be used in the correct order. Thus, the traveler cannot use only a return ticket when both round-trip and return flights are booked or only part of a flight. If the ticket is not used from the start, the remaining parts will be canceled.
2. PRICE AND PAYMENT
2.1 The price shall be indicated in such a way as to show clearly the price of the entire journey. The price shall include all services included in the contract as well as mandatory supplements, taxes and charges.
2.2 The passenger shall pay the price of the journey by the date specified in the contract.
2.3 The organizer may, in connection with the booking confirmation, charge a first partial payment (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 traveler does not pay the price of the trip in accordance with the contract, the organizer is entitled to cancel the contract and charge reasonable compensation.
2.5 Unless otherwise expressly stated, the price of the trip is based on accommodation for two persons in a shared double room. In the case of accommodation for only one person in a double room or a larger room intended for more than one occupant, the organizer is entitled to charge an additional fee.
2.6 The organizer is also obliged to inform the traveler of any costs that may be incurred.
3. THE TRAVELER’S RIGHT TO CHANGE AND CANCEL
3.1 The traveler has the right to change the contract if the organizer agrees. Changes to the agreement may incur additional costs for the traveler from the organizer or others.
3.2 The traveler has the right to cancel the trip. The organizer reserves the right to request compensation from the traveler for the costs incurred by the organizer as a result of the cancellation.
The organizer may set reasonable standardized cancellation fees based on the time of cancellation. If the organizer has not set any standardized cancellation fees, the organizer is entitled to a reasonable cancellation fee.
4. THE TRAVELER’S RIGHT TO TRANSFER THE CONTRACT
4.1 The passenger may transfer the contract to someone who meets all the conditions for participation in the trip. Such a condition may be, for example, that the transport company or other person engaged by the organizer in accordance with the applicable rules must accept a change of passenger. The passenger must notify the organizer or retailer of the transfer in reasonable time before departure. Notification made at least seven days before departure is always considered to have been made in reasonable time.
4.2 The organizer may charge a reasonable fee for the transfer. The fee may not exceed the costs that the transfer entails for the organizer. The organizer must show how the cost is calculated.
4.3 The transferor and transferee are jointly and severally liable to the organizer or retailer for all outstanding payments for the trip and for any additional costs arising from the transfer.
5. CHANGES BEFORE DEPARTURE
5.1 Change of contract terms
The organizer is entitled to make changes to the contract provided that the organizer informs the traveler of the change in a clear, comprehensible and transparent manner on a durable medium. If the change is insignificant, for example minor changes to flight times, the traveler is not entitled to a price reduction or damages. In case of significant changes to the trip, the traveler must, if possible, be offered an alternative trip or the right to terminate the contract without a cancellation fee.
5.2 Changing the price
5.2.1 The organizer may increase the price of the trip if the increase is due to changes in fuel costs, taxes and public charges or exchange rates.
5.2.2 The price of the trip may be increased by an amount corresponding to the traveler’s share of the cost increase incurred by the organizer. There is only a right to a price increase if the total cost increase exceeds SEK 100 per booking.
5.2.3 The price of the trip shall be reduced if the organizer’s costs, for reasons stated above, are reduced by a total of at least SEK 100 per booking. In the event of a price reduction, the organizer may deduct actual administrative costs.
5.2.4 The organizer must notify the traveller of the price changes as soon as possible. The notification must include a justification for the change and a calculation.
5.2.5 The fare may not be increased and need not be reduced during the last 20 days before the agreed departure date.
5.2.6 The organizer may in its special conditions waive the right to increase the price according to 5.2.1. In that case, the organizer does not have to reduce the price according to 5.2.3.
5.3 Passenger’s right to terminate the contract without a cancellation fee
5.3.1 If the traveller wishes to terminate the contract due to a substantial change, e.g. if the price is increased by more than 8% of the total price of the package tour, the traveller must notify the organiser that the contract is terminated within a reasonable time specified by the tour operator from the time the organiser informed the traveller of the change. If the traveler does not do so, the traveler will be bound by the new contract.
5.3.2 If the package travel contract is terminated, the organizer shall refund the full price of the trip without undue delay and no later than 14 days after the termination of the contract.
5.4 The organizer’s and traveler’s right to terminate the contract in case of unavoidable and extraordinary events
5.4.1 Both the organizer and the traveller have the right to terminate the contract if the performance of the package tour or the transport of passengers to the destination is substantially affected by unavoidable and extraordinary events at the destination or in its immediate vicinity. Unavoidable and extraordinary circumstances include, for example, serious security problems such as war, terrorism, outbreaks of serious illness or natural disasters. In such cases, the traveller has the right to terminate the contract without paying a cancellation fee. If the organizer terminates the contract in accordance with this paragraph, the traveller is not entitled to damages. In such cases, the traveler is entitled to a full refund in the manner set out in 5.3.2.
5.4.2 The passenger is not entitled to terminate the contract if the unavoidable and extraordinary events were generally known at the time the contract was concluded.
5.4.3 In order to investigate whether the incident is of such a serious nature as stated above, expert Swedish or international authorities shall be consulted. From 14 days before departure, a valid advice from the Ministry of Foreign Affairs is grounds for termination if the advice covers the time of the traveler’s trip. A valid advice from the Ministry of Foreign Affairs shall also be considered grounds for termination if it is otherwise clear that the circumstances on which the advice is based affect or will affect the destination at the time of the traveler’s trip.
6. THE ORGANIZER’S RESPONSIBILITY FOR THE IMPLEMENTATION OF THE PACKAGE TOUR
6.1 Non-performance
If a travel service is not performed in accordance with the contract, the organizer must remedy the defect within a reasonable time. However, the organizer is not obliged to remedy the defect if it is impossible or if remedying it would entail disproportionate costs. If the organizer does not remedy the defect, the traveler may be entitled to a price reduction and damages.
6.2 Material defects
6.2.1 If, after departure, a substantial part of the agreed services cannot be provided, the organizer shall, if possible, arrange equivalent or at least equivalent alternatives at no extra cost to the traveller. If the organizer cannot offer this, the organizer may offer lower quality alternatives in conjunction with a reasonable price reduction. The traveler may only reject such alternatives if they cannot be considered comparable to those that would have been provided under the contract or if the offered price reduction cannot be considered reasonable.
6.2.2 If the organizer is unable to offer an alternative or if the traveller is entitled to reject such alternatives under 6.2.1, the traveller may be entitled to a price reduction and damages.
6.2.3 In the event of errors that significantly affect the implementation of the package tour and which the organizer has not remedied within a reasonable time, the traveler may terminate the contract and may also be entitled to a price reduction and damages.
6.2.4 If the organizer cannot offer any alternative or if the traveler has the right to reject such alternatives under 6.2.1, or if the traveler has terminated the contract under 6.2.3, the traveler is entitled to equivalent home transport without undue delay and at no extra cost if the package tour includes transport and the traveler is at the destination.
7. ON PRICE REDUCTIONS AND DAMAGES
7.1 No price deduction will be made if the organizer can prove that the fault is due to the traveller.
7.2 The traveler is not entitled to compensation if the organizer proves that the fault is due to the traveler or to a third party unrelated to the provision of travel services included in the package tour, or if the fault is due to unavoidable and extraordinary events.
7.3 If the fault is due to someone hired by the organizer, the organizer is free from liability under these travel conditions only if the person hired by the organizer would also be free under that provision. The same applies if the fault is due to someone else in an earlier stage.
7.4 The right to damages due to the organizer canceling the trip does not exist if the organizer shows that fewer people than a minimum number specified in the agreement have registered for the trip and the traveler is notified in writing within a time specified in the agreement that the trip has been canceled.
Notification of the cancellation of a trip must be given at the latest
– 20 days before departure if the journey lasts more than 6 days
– 7 days before departure if the journey lasts between 2 and 6 days
– 48 hours before departure if the trip lasts less than 2 days
7.5 Compensation under these terms and conditions includes compensation for pure financial loss, personal injury and material damage. The traveler is obliged to limit the damage as far as possible.
7.6 Unless otherwise limited by the Package Travel Act or other mandatory legislation, the organizer’s liability for damage is limited to three times the price of the package tour. However, this limitation does not apply in the event of personal injury or damage caused intentionally or through negligence.
8. COMPLAINTS
8.1 The traveller may only claim a defect in the agreed services if he/she notifies the organizer or retailer of the defect within a reasonable time after noticing or failing to notice the defect. This must be done as soon as possible and if possible at the destination. When determining any price reduction or compensation for damages, the time when the traveler complained is taken into account if such a notice would have meant that the organizer could have remedied the error.
8.2 Notwithstanding paragraph 8.1, the traveler may invoke errors if the organizer or retailer has acted with gross negligence or contrary to good faith.
9. RESPONSIBILITY OF THE TRAVELER DURING THE JOURNEY
9.1 Instructions from the organizer
The traveller is obliged to follow the instructions for the trip given by the tour guide or other person engaged by the organizer. The traveller is obliged to respect the rules of order that apply to the trip and at the destination and to behave in such a way that fellow travellers or others are not disturbed. If the traveler materially violates this, the organizer may cancel the contract without the traveler being entitled to compensation or refund.
9.2 Traveler’s liability for damage
The traveller is liable for any damages arising from damage that the traveller negligently causes the organizer.
9.3 Traveler’s responsibility for formalities
9.3.1 The traveler is responsible for complying with the necessary formalities for the completion of the trip, such as possession of a valid passport, visa, vaccinations, and insurance.
9.3.2 For all transport services included in the package tour, the passenger must have completed check-in in accordance with the itinerary or other instructions from the organizer or carrier.
9.3.3 The traveler is personally responsible for all costs arising from deficiencies in the aforementioned formalities, such as repatriation due to lack of passport, unless the deficiencies are caused by incorrect information from the organizer or retailer.
9.3.4 The traveler is responsible for taking note of information provided by the organizer.
9.4 Deviation from the arrangement
A traveler who, after the start of the trip, deviates from the arrangement is obliged to notify this to the organizer or his representative.
10. THE ORGANIZER’S OBLIGATION TO PROVIDE ASSISTANCE
If the traveler encounters difficulties during the trip, the organizer is obliged to provide appropriate assistance without undue delay. Such assistance may include, for example, information on health services, local authorities and consular assistance. The organizer is entitled to charge a reasonable fee for such assistance if the situation was caused intentionally or through negligence by the traveller.
11. DISPUTE RESOLUTION
The parties should try to resolve any dispute concerning the interpretation or application of the contract on their own. If the parties cannot agree, the dispute can be reviewed by the National Board for Consumer Disputes (ARN), Box 174, 101 23 Stockholm, www.arn.se, or by a general court. A dispute can also be examined via the European Commission’s online platform: http://ec.europa.eu/odr.
Special Travel Conditions Swike AB
The following points complement the general travel conditions:
1. The Agreement
1.1 Verbal orders shall be confirmed in writing.
2. Price and payment
2.1 There may be on-site charges that are not included in the price of the trip. Examples include tolls (for car rental), tourist taxes, visa fees and entrance fees. Only what is indicated is included in the price of the trip.
2.2 Final payment must be received by Swike AB no later than 30 days before departure. If notification is made later than 30 days before departure, payment must be made immediately. Please note that there may be special conditions for some of Swike AB’s suppliers that mean that final payment must be made earlier. The current payment date is specified in the booking.
2.3 The registration fee is 15% of the price of the trip per person.
The registration fee must be paid no later than 10 days after the date of booking if it is more than 30 days before departure. If it is less than 30 days before departure, the full price of the trip must be paid immediately.
3. The passenger’s right to change and cancel
3.1 In the event of changes to the booking, Swike AB will charge a change fee of SEK 400 plus any supplier fees.
3.2 Cost to the traveler when canceling Swike AB trips:
- More than 30 days before departure: registration fee
- 30-21 days before departure: 40% of the price of the trip
- 20-15 days before departure: 60% of the price of the trip
- 14-8 days before departure: 80% of the price of the trip
- 7 – 0 days before departure: 100% of the price of the trip
Some journeys have different cancellation conditions due to stricter conditions of our suppliers. These are indicated in the travel information.
If the traveler has not paid the full price of the trip but the cancellation rules have started to apply, it is the traveler’s obligation to pay the difference according to the applicable travel conditions.
Cancellation cover (optional)
Cancellation cover can be taken out by the Traveler in connection with the booking at a cost of six hundred and fifty (650) SEK per participant. The cover applies per participant and must be taken out for the number of participants to be covered.
a) Cancellation
Eighty-five (85) percent of the price of the Trip will be refunded if the cancellation is made no later than fourteen (14) days before departure. Deposit (15%) is non-refundable.
Cancellations made thirteen (13) days or less prior to departure are subject to the standard cancellation terms and conditions set out in section 3 of these Special Conditions.
b) Rescheduling of travel dates
The traveler has the right to change the travel dates free of charge no later than thirty (30) days before departure. For changes made later than thirty (30) days before departure, the regular conditions apply. Rebooking is valid for a maximum of 2 years from the date of rebooking.
c) Limitation
Cancellation cover does not entail a refund of the deposit.
Full terms and conditions are set out in paragraphs 2-3 of these Special Terms and Conditions and in Swike’s General Terms and Conditions.
4. The traveler’s responsibility for the package tour
By registering for a trip or activity with Swike AB, the participant confirms that he or she is participating entirely at his or her own risk. The organizer is not responsible for any damage, accidents, loss of property or other incidents that may occur during the trip.
It is the responsibility of each participant to:
– Self-assess their physical and mental ability to complete the trip.
– Follow the instructions given by the organizer or leader.
– Have valid accident insurance and travel insurance.
– Respect local laws, rules and customs.
5. The passenger’s right to transfer the contract
5.2 In the event of a change of traveler, the traveler will be charged the cost of name changes and other costs that may arise.
6. Additional orders and extra costs
Goods and services not included in the agreed price – such as extra meals, drinks, activities or other personal expenses – are invoiced retrospectively. The handling of such additional orders is subject to an administration fee of 15% of the amount.
7. the organizer’s responsibility for the implementation of the package tour
7.1 Changes due to force majeure are not grounds for free cancellation or compensation. Examples of force majeure include natural disasters, civil unrest, river flooding and other events beyond Swike AB’s control. Swike AB then undertakes to carry out the event in the best possible way.
8. Liability insurance
The organizer holds liability insurance covering damages for which the organizer can be held liable by law. However, the insurance does not cover accidents, personal injury or property damage caused by the participant or suffered by the participant during the trip – which is why participants are expected to have their own valid accident and travel insurance.
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