GENERAL TERMS AND CONDITIONS FOR PACKAGE TRAVEL
For the trip, the Swedish travel agency and organizers association’s (SRF) general terms and conditions agreed within the industry apply on June 28, 2018 and the organizer’s special conditions, which are set out below. The special conditions are indicated in italics.
The tour operator has the right to apply special conditions that deviate from the general, 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 regular flights), different accommodation conditions due to the special nature of the trip or special circumstances of 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 agreement.
- THE AGREEMENT
1.1 The agreement becomes binding on the parties when the organizer confirms the passenger’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 agreements on package travel.
1.2 The main traveler is the person in whose name the agreement has been concluded. The main traveler is first mentioned in the travel documents or in another clear way. The main traveler is responsible for payment according to the agreement. All changes and any cancellations must be made by the main traveler. Exceptions can be made if the main traveler becomes seriously ill and is unable to effect the change or cancellation. The main traveler is responsible for providing the organizer with correct booking details for other travelers covered by the agreement. Any refund is made to the main traveler.
1.3 If the traveler is under the age of 18 and is traveling without a goalkeeper, 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 times for departure and return in the booking confirmation are preliminary. The organizer must specify, as soon as possible and at least 20 days before departure, the departure times that will apply to the trip.
1.5 The organizer shall provide general information on what applies to passports and visas.
Read more about this under information sent through your customer account. Voyage by me is only responsible for information on the above. The traveler is responsible for ensuring that the information is complied with.
1.6 The organizer shall provide general information on health regulations for the destination.
1.7 Connection travel or special arrangements are included in the package travel agreement only if they have been booked together and at one and the same time with the services included in the package travel or if they have been sold together with other services for a total price.
1.8 Any requests or special services at the traveler’s request are included in the agreement only if these 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 have been received and that all information is correct including that the names are spelled correctly and in accordance with the passport. Any errors must be addressed as soon as possible. The organizer reserves the right to charge a fee corresponding to the actual cost of correcting erroneous information as well as a reasonable compensation for the extra work that the correction entails. If the fault is due to the organizer or someone hired, correction shall be made at no cost to the traveler.
1.10 The principal traveler shall promptly notify the organizer of any change of address, e-mail address, telephone number or other information of importance to the organizer’s opportunities to contact the traveler.
1.11 For some trips, a minimum number of participants is required for the trip to be completed. In this case, the traveler must receive clear information on this at the latest at the time of booking.
1.12 If air tickets are part of the package, they must be used in the correct order. Thus, the traveler cannot use only one return flight ticket when both round-trip and return flights are booked or only part of a flight route. If the ticket is not used from the start, the remaining parts will be canceled.
- PRICE AND PAYMENT
2.1 The price must be stated in such a way that the whole price of the trip is clearly stated. The price shall include all services included in the agreement as well as mandatory supplements, taxes and fees.
2.2 The traveler shall pay the price of the journey no later than at the time stated in the agreement.
In connection with the confirmation of voyage, Voyage by me charges a registration fee of at least 25%, but a minimum of SEK 5,000 per person, or the amount requested by the subcontractor. The registration fee varies for group trips and special events such as round trips, trains, cruises, private flights etc. and can sometimes be higher. The fee must be Voyage by me at least 10 days after the trip is ordered. If the trip is booked less than 45 days before departure, the trip will be charged in full. At least 30 days before departure, final payment must be made by Voyage by me. In some cases, group trips and special destinations such as Myanmar, Maldives, etc. and round trips, trains, cruises, private flights, etc. claim final payment sooner.
2.3 The agreement becomes binding between Voyage by me and the traveler when the voyage is confirmed in writing and the traveler within the agreed time paid registration fee or the whole trip price according to the organizer’s instructions. When air tickets and / or registration fees are paid, this means that the booking is binding for both parties. If the registration fee is not received within the stipulated time, the tour operator has the right to book the trip.
2.4 In conjunction with the booking confirmation, the organizer may charge a first installment (registration fee). The registration fee must be reasonable in relation to the price of the trip and the circumstances in general.
2.5 If the traveler does not pay the price of the trip in accordance with the agreement, the organizer has the right to cancel the contract and pay reasonable compensation.
2.6 Unless otherwise expressly stated, the price of the trip is based on accommodation for two people in a shared double room. When accommodating only one person in a double room or larger room for more than one accommodation, the organizer is entitled to charge an additional fee.
2.7 The organizer is also obliged to inform the traveler of any costs that may be incurred.
- THE TRAVELER’S RIGHT TO CHANGE AND CANCELLATION
3.1 The traveler has the right to change the agreement if the organizer so permits. Changes to the agreement may incur additional costs for the traveler from the organizer or another.
3.2 The traveler has the right to cancel travel. The organizer reserves the right to request compensation from the traveler for the costs incurred by the organizer as a result of the cancellation.
– More than a maximum of 90 days before departure, the supplier’s cancellation fee and registration fee per person or other cost are charged 25% of the price of the trip per person or other
cost which will be stated at the time of booking.
– 30-90 days before departure, however, the supplier’s cancellation fee will be charged at least 50% of the price of the trip per person or other cost, which will be stated at the time of booking.
– No refund will be given within 30 days of departure.
These rules apply when purchasing a package tour.
When purchasing an air ticket, the airlines’ own cancellation terms apply. Unless otherwise stated at the time of booking, no refund will be made for airline tickets canceled.
No refunds are made for events that have not been used. This applies, for example. if you cancel the hotel stay and move out of the hotel earlier than planned or do not use pre-booked arrangements
3.3 The organizer may set reasonable standard cancellation fees based on the time of cancellation. If the organizer has not established any standard cancellation fees, the organizer is entitled to a reasonable cancellation fee.
- THE TRAVELER’S RIGHT TO TRANSFER THE AGREEMENT
4.1 The traveler may transfer the agreement to someone who fulfills all the conditions to be allowed to participate in the journey. Such a condition may e.g. be that transport companies or others hired by the organizer in accordance with current regulations must accept change of passenger. The traveler must notify the organizer or the dealer of the transfer within a reasonable time before departure. Notification made no later than seven days before departure is always considered to have been made within a reasonable time.
4.2 The organizer may charge a reasonable fee for the transfer. The fee may not exceed the costs incurred by the transferor for the organizer. The organizer shall show how the cost has been calculated.
Thus, when transferring a package tour that contains a non-transferable or cancellable air ticket, this means that the new passenger may pay for a new air ticket.
4.3 The transferor and the acquirer are jointly and severally liable to the organizer or the distributor for everything that remains to be paid for the trip and for the extra costs that the transfer entails.
- CHANGES BEFORE THE DEPARTURE
5.1 Amendment of contract terms
The organizer has the right to make changes to the contract provided that the organizer informs the traveler of the change in a clear, understandable and clear way in a durable medium. If the change is insignificant, such as minor changes in flight times, the traveler is not entitled to price reductions or damages. In the event of significant changes to the journey, the traveler shall, if possible, be offered an alternative journey or the right to cancel the contract without a cancellation fee.
5.2 Change in price
5.2.1 The organizer may raise the price of the trip if the increase is due to changes in fuel costs, taxes and government fees or exchange rates.
5.2.2 The price of the trip may be increased by an amount corresponding to the passenger’s share of the cost increase incurred by the organizer. The right to increase prices only exists if the cost increase in total exceeds SEK 100 per booking.
5.2.3 The price of the trip must be lowered if the organizer’s costs, for the reasons stated above, decrease by a total of at least SEK 100 per booking. In the event of a price cut, the organizer may deduct actual administrative costs.
5.2.4 The organizer shall notify the traveler of the price changes as soon as possible. The notification must contain a justification for the change and a calculation.
5.2.5 The price must not be raised and need not be lowered during the last 20 days before the agreed departure day.
5.2.6 The organizer may in its special conditions waive the right to raise the price according to 5.2.1. In that case, the organizer does not need to lower the price according to 5.2.3.
5.3 The traveler’s right to cancel the contract without a cancellation fee
5.3.1 If the traveler wishes to terminate the contract due to a substantial change, eg if the price is increased by more than 8% of the total price of the package tour, the traveler must notify the organizer that the contract is terminated within a reasonable time specified by the tour operator from the time the organizer informed the traveler of the change. If the traveler fails, the traveler will be bound by the new agreement.
5.3.2 If the package tour agreement is terminated, the organizer shall without undue delay and no later than 14 days after the contract was terminated to repay the entire trip price.
5.4 The organizer and the traveler’s right to terminate the contract in the event of unavoidable and extraordinary events
5.4.1 Both the organizer and the traveler have the right to terminate the agreement on the implementation of the package tour or the transport of passengers to the destination being substantially affected by inevitable and extraordinary events at the destination or in its immediate vicinity. Unavoidable and extraordinary circumstances, for example, are meant serious security problems such as war, terrorism, outbreaks of serious illness or natural disasters. In such cases, the traveler has the right to terminate the agreement without paying any cancellation fee. If the organizer terminates the agreement in accordance with this paragraph, the traveler is not entitled to compensation. In such cases, the traveler is entitled to a full refund in the manner provided by 5.3.2.
5.4.2 The traveler is not entitled to terminate the contract if the inevitable and extraordinary events were generally known at the time the contract was concluded.
5.4.3 To determine whether the incident is of a serious nature as stated above, expert Swedish or international authorities should be consulted. A valid recommendation from the Ministry of Foreign Affairs should always be regarded as the basis for dismissal.
- THE ORGANIZER’S RESPONSIBILITY FOR THE PERFORMANCE OF A PACKAGE TRAVEL
6.1 Lack of implementation
If a travel service is not performed in accordance with the agreement, the organizer shall remedy the error within a reasonable time. However, the organizer is not obliged to remedy the error if this is impossible or if the remedy would incur disproportionate costs. If the organizer does not correct the error, the traveler may be entitled to a price reduction and damages.
6.2 Significant errors
6.2.1 If, after departure, a substantial part of the contracted services cannot be provided, the organizer shall arrange, if possible, equivalent or at least equivalent alternatives at no additional cost to the traveler. If the organizer cannot offer this, the organizer may offer lower quality alternatives in combination with a reasonable price reduction. The traveler may refuse such alternatives only if these cannot be considered comparable to those that would have been provided under the contract or if the price reduction offered cannot be considered reasonable.
6.2.2 If the organizer cannot offer an alternative or if the traveler has the right to refuse such alternatives in accordance with 6.2.1., The traveler may be entitled to price reductions and damages.
6.2.3 In the event of errors that significantly affect the execution 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 price reductions and damages.
6.2.4 If the organizer cannot offer an alternative or if the traveler has the right to refuse such alternatives according to 6.2.1., Or if the traveler has terminated the agreement according to 6.2.3, the traveler has the right to equivalent home transport without undue delay and at no extra cost if the package trip includes transport and the traveler is at the destination.
- ABOUT PRICE DEDUCTION AND DAMAGES
7.1 Price reductions are not paid if the organizer can show that the error is due to the traveler.
7.2 The traveler is not entitled to damages if the organizer proves that the error is due to the traveler or third party who is not connected to the provision of travel services included in the package tour, or if the error is due to unavoidable and extraordinary events.
7.3 If the error 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 error 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 contract have registered for the trip and the traveler is informed in writing within a time specified in the contract that the trip has been canceled.
Notice that a trip is canceled must be submitted at the latest
20 days before departure if the trip lasts longer than 6 days
7 days before departure if the trip lasts between 2 and 6 days
48 hours before departure if the journey lasts less than 2 days
7.5 Damages according to these conditions include compensation for pure wealth damage, personal injury and property damage. The traveler is obliged to limit the damage as far as possible.
7.6 Unless other limitation follows from the Package Travel Act or other mandatory legislation, the organizer’s liability for damage is limited to three times the package travel price. However, this limitation does not apply to personal injury or to damage caused intentionally or through negligence.
8.1 The traveler may only claim errors in the contracted services if he or she notifies the organizer or the dealer of the error within a reasonable period of time after the marking or marking the error. This should be done as soon as possible and if possible at the destination. In determining any price deduction or compensation for damages, the time when the passenger complained about such a notice would have taken into account that the organizer could have remedied the error.
8.2 Notwithstanding clause 8.1, the traveler may invoke errors if the organizer or dealer has acted grossly carelessly or in violation of faith and honor.
- RESPONDENT’S RESPONSIBILITY DURING THE TRAVEL
9.1 Organizer’s instructions
The traveler is obliged to follow the instructions for the execution of the journey provided by the tour manager or by another person hired by the organizer. The traveler is obliged to respect the rules of procedure that apply to the journey and to the destination and to act so that travelers or others are not disturbed. If the traveler materially violates this, the organizer can cancel the contract without the traveler being entitled to compensation or refund.
9.2 The Traveler’s Liability for Damage
The traveler is liable for any damages due to damage caused by the traveler through negligence to the organizer.
9.3 The traveler’s responsibility for formalities
9.3.1 The traveler is responsible for complying with the necessary formalities for the execution of the trip, such as holding a valid passport, visa, vaccinations, and insurance.
9.3.2 The traveler must have completed check-in for all transport services included in the package journey in accordance with the itinerary or other instructions from the organizer or carrier.
9.3.3 The traveler is responsible for all costs incurred due to deficiencies in the aforementioned formalities, for example, home transport as a result of the absence of a passport, unless the defects were caused by incorrect information from the organizer or the dealer.
9.3.4 The traveler is responsible for accessing information provided by the organizer.
9.4 Different from the arrangement
A traveler who departs from the arrangement after the journey has begun is obliged to notify the organizer or his representative.
- OBLIGATION OF THE ORGANIZER TO PROVIDE ASSISTANCE
If the traveler is in difficulty during the trip, the organizer is obliged to provide appropriate assistance without undue delay. Such assistance may include information on health care services, local authorities and consular support. The organizer has the right to charge a reasonable fee for such assistance if the situation was caused intentionally or by negligence on the part of the traveler.
- DISPUTE SOLUTION
The parties should try to resolve disputes concerning the interpretation or application of the agreement on their own. If the parties cannot agree, the dispute can be tried by the General Complaints Board (ARN), Box 174, 101 23 Stockholm, www.arn.se, or by the general court. A dispute can also be tried via the EU Commission’s online platform: http://ec.europa.eu/odr.