Terms and Conditions for IBC Adventures

 
 

Disclosure

This needs to be accommodated for when you plan to visit Greenland. Expect a flight delay or interruption at least once during your trip. Weather delays, cancellations, and aircraft repair delays are very common reasons for travel plans in Greenland to get interrupted. The weather can be very unpredictable in Greenland even in the summer months. I have been re-routed and delayed for several days before. It is very possible that you will encounter an issue while traveling but Air Greenland is very good at rectifying the issue as is Icelandair, the only two airlines that we will be using during our trips.

Therefore, it is imperative that you purchase trip insurance to mitigate the unavoidable flight delay risk while visiting Greenland. We are not always in control of the Arctic climate, which regardless of the season can mean delays and changed travel plans that are beyond Icebergchick Adventures / Kalaallisut LLC’s influence.

IBC Adventures / Kalaallisut LLC disclaims responsibility for any delays and consequent possible changes or cancellations of travel plans for conditions over which Icebergchick Adventures / Kalaallisut LLC has no influence. IBC Adventures / Kalaallisut LLC will always work hard to ensure that the journey is completed as planned.

Travel conditions for travel with Icebergchick Adventures / Kalaallisut LLC

  • We recommend that you read these terms and conditions. It is common good that we have a perception of the journey and its content.

  • We expect that you as a customer have familiarized yourself with the travel conditions that apply and the agreement basis that exists between you as a customer and us as a travel provider.

  • The terms and conditions govern the contractual relationship between Icebergchick Adventures / Kalaallisut LLC (hereinafter the tour operator) and travelers (hereinafter the customer) who purchase a package tour. The agreement is entered into and implemented in accordance with the Danish Package Travel Act (Act no. 1666 of 26/12/2017 on package travel and complex travel arrangements).

Terms & Conditions at a high level. Detailed T&C’s below

We recommend that you read these terms and conditions. It is for both your and our benefit that we share a mutual understanding of the terms and conditions.

In fact, at Icebergchick Adventures DBA Kalaallisut LLC we require that as a customer you have acquainted yourself with the terms and conditions that apply and the basis for the contract that has been drawn up between you as the customer and us as the organiser of the tour.

Travel booking & confirmation

The travel booking can be carried out in by e-mail or booking engine. Upon receipt of your travel booking a confirmation of the tour and tour price on the part of Icebergchick Adventures DBA Kalaallisut LLC is required, which results in a binding travel contract/agreement. The travel booking, carried out by the inquirer, is also applicable for the participants that are announced in the travel booking, for whose contractual obligation the inquirer is as responsible as for his own. We kindly ask you to send us a list of all travel participants as soon as possible (at the latest 2 months before departure), which has to be finally confirmed no later than 1 month before departure.

Payment

After confirmation of booking a deposit payment of 40% of the total tour price becomes due and is to be settled within one week after booking confirmation. The remaining amount becomes due, when it is definite that your travels take place as booked, and has to be paid at the latest 8 weeks before departure. The payment can be carried out by bank transfer or credit card. If due payments are not made or not completely made, Icebergchick Adventures DBA Kalaallisut LLC reserves the right to cancel the tour and is hence relieved of the duty of providing the agreed on services. In case of a cancellation Icebergchick Adventures DBA Kalaallisut LLC can claim cancellation fees as a form of compensation.

Services & prices

The agreed upon services derive from the service descriptions of the different tours (please see e.g. our tour proposals or tour descriptions on our webpage) and the referring specifications in the booking confirmation. Costs for incidental services as for the provision of visa etc. are not included in the tour price. Before conclusion of the travel contract/agreement Icebergchick Adventures DBA Kalaallisut LLC is authorised to modify the service descriptions at any time; in that case the traveller will certainly be informed. Icebergchick Adventures DBA Kalaallisut LLC reserves the right to change the agreed upon tour price in case of an increase of transportation costs or taxes for certain services as well as in the case of legal modifications and currency fluctuations. In that case the traveller is informed immediately. At price increases of more than 10% the traveller is entitled to withdraw from the travel contract and the already paid deposit is immediately refunded. Price increases from the 20th day before departure are invalid.

Cancellation by the traveller before departure & cancellation fees

You can cancel your tour at any time before departure, whereas the receipt date of the cancellation at Icebergchick Adventures DBA Kalaallisut LLC is applicable. Please submit your cancellation in writing. In case of a cancellation Icebergchick Adventures DBA Kalaallisut LLC can claim adequate compensation (cancellation fees) for the arrangements and expenses already made on your behalf. Cancellation fees also apply when a tour participant does not arrive in time at the respective airport or departure place of the tour, or when the tour cannot be attended because of missing travel documents e.g. passport or necessary visa. Every traveller is responsible in person for his timely arrival at the airport of departure or place of departure of the respective tour.

The claim for cancellation fees for travel packages booked with Icebergchick Adventures DBA Kalaallisut LLC adds up to the following percentage amounts per person:
Up to the 56th day before departure: 40 % of the total tour price
As from the 55th day before departure: 70 % of the total tour price
As from the 30th day before departure: 80 % of the total tour price
As from the 15th day before departure: 90 % of the total tour price
As from the 2nd day before departure as well as in case of no-show: 100% of the total tour price

Change of reservation

By your request and as far as realisable Icebergchick Adventures DBA Kalaallisut LLC conducts a change of reservation (e.g. change of dates or accommodation), whereas the traveller has to pay the additional costs arising as well as related cancellation fees of the providers.

Cancellation by the tour operator

Icebergchick Adventures DBA Kalaallisut LLC can cancel the travel contract without complying with a term if the operation of the tour is strongly disturbed by the traveller. The same applies if a traveller behaves contrary to contract at such a rate that the immediate termination of the contract is justified. Icebergchick Adventures DBA Kalaallisut LLC, however, maintains the right to the tour price. Potential additional costs for the return transportation are borne by the harasser. Icebergchick Adventures DBA Kalaallisut LLC also reserves the right to cancel the tour if the stated minimum number of participants is not achieved until 3 weeks before departure. In this case you will be refunded the so far paid tour price.

Extraordinary circumstances & Act of God

If the tour is hampered, imperilled or impaired due to extraordinary circumstances and Act of God, which was not foreseeable at the time of contract conclusion, the tour operator as well as the traveller can terminate the travel contract. At this please always consider the travel advises of the respective foreign office.

Remedy, loss minimisation, exclusion from claims & limitation of time

In case a travel service is not performed at all or not performed as agreed upon, the traveller can claim remedy. Icebergchick Adventures DBA Kalaallisut LLC can also find remedy in the way that it performs indemnification of the same or even higher value. Icebergchick Adventures DBA Kalaallisut LLC can refuse remedy if it requires an unreasonable effort. The traveller can claim minimisation of the tour price after returning from their travels if the services have not been performed according to contract and if he does not culpably fail to report this deficit on the spot (e.g. directly to the tour guide or at Greenland Tours). Claims caused by failing to provide agreed upon services are to be asserted in writing to Icebergchick Adventures DBA Kalaallisut LLC within one month after the termination of the tour. The claims of the traveller prescribe in one year after the termination of the tour.

Liability

Icebergchick Adventures DBA Kalaallisut LLC is responsible for the accurate provision of agreed upon travel services and for a careful selection of providers. Icebergchick Adventures DBA Kalaallisut LLC is not liable for impairment of performance, personal injury, damage or loss of property in connection with services which are merely mediated as external services (e.g. excursions, sport events, exhibitions and activities, transportation services to and from place of departure or destination like rental cars). For the participation in sports or other activities you have to take responsibility yourself. Sport facilities, equipment and vehicles should be checked before usage. Icebergchick Adventures DBA Kalaallisut LLC is only responsible for accidents at sport activities or other activities if it is actually its fault. We are not liable for losses, damages or accidents which are caused beyond our sphere of influence and therefore advice to effect insurance for accidents. The traveller is self responsible for its actions and is liable for any damages caused by him or her. In case the traveller does not regard his or her duties the tour operator can claim his withdrawal from the tour. Costs arising from this are to be paid by the traveller. Please also note that Icebergchick Adventures DBA Kalaallisut LLC is not liable for changes in the tour programme or route due to weather or road conditions as well as due to other irregularities and the route and departure times may change without prior notice for the purpose of safety of the travellers.

Obligation to co-operate & complaints

Every traveller is obligated to co-operate in case of impairment of performance in order to avoid or reduce potential damages. In case you should have reason for complaints, contrary to expectations, please inform the tour guide immediately on the spot and claim remedy. If the tour guide is not within reach please approach the provider (e.g. transportation provider or hotelier) or Icebergchick Adventures DBA Kalaallisut LLC directly. We kindly ask you to please report damages or delivery delay of luggage and goods on air travels immediately on the spot to the responsible airline. Tour guides are not authorised to admit any claims.

Pass & visa documents & other regulations

Icebergchick Adventures DBA Kalaallisut LLC is not liable for the timely issue and receipt of necessary visa by the respective diplomatic agency. For visa attainment etc. at the responsible institutions please assume at least 8 weeks. The traveller is self responsible for the compliance with all the regulations that are important for the operation of the tour (e.g. also customs and foreign currency regulations). All disadvantages, particularly the payment of cancellation fees which arise from the non-compliance with these regulations, are at your own expense. Please also pay attention that your passport or identity card is sufficiently valid for your travels.

Place of jurisdiction & general issues

The invalidity of individual regulations within the travel contract does not result in the invalidity of the entire contract. The same applies for the travel terms and conditions at hand. US and Greenlandic law applies exclusively for the travel contract. Place of jurisdiction is the registered office of the tour organiser Icebergchick Adventures DBA Kalaallisut LLC. Both does only not apply if international agreements obligatorily instruct something else.

Travel insurance

Icebergchick Adventures DBA Kalaallisut LLC clients are required to take out a travel insurance policy at a minimum for lost luggage. Please also consider your safety while travelling and inquire information on your present insurance coverage and contract necessary travel insurance (e.g. travellers’ baggage insurance, travellers’ accident insurance incl. mountain rescue insurance, travel health insurance, travellers' third party liability insurance, travel cancellation expenses insurance) if not already existent. In case of rescue you pledge to pay all related expenses and discharge the organiser Icebergchick Adventures DBA Kalaallisut LLC. We advise you that travel insurance is not included in the tour price. Travel cancellation expenses insurance has to be contracted at booking or at the latest within 14 days after booking confirmation. Our European guests please also bear in mind to have your European health insurance card with you.

Terms and Conditions in Detail

The terms and conditions govern the contractual relationship between Icebergchick Adventures DBA Kalaallisut LLC (subsequently referred to as the Organiser) and the traveller (subsequently referred to as the Traveller) purchasing the package tour. The contract is concluded and performed in accordance with the Danish Package Travel Act (Act no. 1666 of 26/12/2017 relating to package travel and linked travel arrangements).

1. Formation of contract

1.1 Formation

A contract concerning the purchase of a package tour between the Traveller and the Organiser is concluded and binding on both parties once the quotation has been accepted by the Traveller. It is a prerequisite that the travel services that together make up a package tour are purchased at the same time.

The quotation is accepted by the Traveller when the latter effects payment on the Organiser’s website. Prior to this, the Traveller will have indicated in a “tick” box that he has received and accepted these general terms and conditions.

In the case of individually tailored tours, the Organiser forwards a written quotation and these general terms and conditions to the Traveller. The Traveller shall accept the written quotation before the deadline stated in the quotation. In the event that the Traveller does not accept the quotation before this deadline, the Organiser shall no longer be bound by the quotation.

Provided that a clear declaration is given to the Traveller, the Organiser can regard the contract as not being concluded until the Traveller has paid the price of the tour on time or a deposit as specified in the contract. The Traveller shall have received these general terms and conditions prior to this point in time.

 

1.2 Travel documents

Following the formation of the contract, and without any undue delay, the Organiser shall forward the travel docu- ments (e.g. a travel certificate, an order confirmation, an invoice and/or an itinerary) to the Traveller.

The forwarding of travel documents and other correspondence between the Traveller and the Organiser, including, but not limited to, alterations to the package tour, shall be carried out to the postal address, email address or other form of contact that the Traveller has used in connection with formation of the contract.

The Traveller is also obliged to disclose the necessary contact information, such that the Organiser can contact the Traveller both prior to and during the tour.

If the Traveller does not receive the travel documents within 72 hours, the Traveller must contact the Organiser immediately.

In the event that the Traveller has submitted an email address, the Traveller must check his or her spam filter first. The Traveller has an obligation to examine the forwarded travel documents and “practical information” (see sec- tion 4.3) on reception and to contact the Organiser immediately if any information is at variance with that agreed in the contract.

 

2. Price and payment

2.1 Price

The price of the package tour is a so-called “total price”, which means that it includes all mandatory taxes, duties and all other fees, costs and extras, if applicable, related to the services the Traveller has purchased from the Organiser.

At the destinations, local fees, admission fees and duties may be charged that cannot be taken into account on formation of the contract, since these payments are directly related to local rules or to the use of extra services in addition to those specified in the contract.

The total cost of the package tour appears on the Traveller’s invoice. If alterations are made to the actual tour or the conditions of the tour that are attributable to the Traveller, this may result in changes to the price – and further payment may thus be charged.

Icebergchick Adventures / Kalaallisut LLC does not charge credit card fees when you pay with private credit cards issued within the EU. When you, as a customer, pay with a company credit card or a card that is issued outside the EU, Icebergchick Adventures / Kalaallisut LLC will charge you the fee that we pay to the credit card company when processing the payment.

2.2 Payment

If the Traveller is in breach of his or her provisions of the contract with regard to payment, the Organiser has the right to cancel the contract. In such an event, the Organiser is entitled to payment of the amount that the Traveller would lose according to the rules in section 6.2 if the Traveller cancelled the tour on the date of the failure to effect payment.

 

3. Cancellation insurance and travel insurance

Prior to the formation of the contract, the Organiser shall provide the Traveller with information concerning the option or obligation to take out insurance that covers the Traveller’s expenses in the event of termination of the contract (cancellation insurance) or expenses for repatriation, etc., in the event of accident, illness or death (travel insurance), as well as the terms and conditions of these policies.

4. The travellers general obligations:

4.1 Passport, visa and health formalities (including vaccinations)

The Traveller must possess a valid passport that is valid for at least a further six months following the end of the tour, as well as the documents necessary for performance of the tour, including visa and certificate of required vaccinations.

The Organiser shall inform the Traveller about passport and visa requirements on formation of the contract, including information concerning the time it is expected to take to apply for a visa. The Organiser shall also provide information about any health formalities due to vaccination requirements and other documents and conditions that are necessary for performance of the tour. For certain countries, special rules may apply to entry and exit. If this is the case, it will appear in the contract. The Traveller can contact the Organiser for further information about these rules.

The Organiser’s information concerning passport and visa requirements is based on the rules for Danish citizens. If the Traveller does not have a Danish passport or has dual citizenship, the Traveller must draw this fact to the attention of the Organiser, such that the Traveller can receive correct advice and guidance, including referral to the relevant authorities. Please see www.um.dk and www.ssi.dk.

For Danish citizens there is no visa requirement for visiting Greenland, Iceland and the Faroe Islands. Please note that other rules may apply in the event that you have residence in Denmark, but are not a Danish citizen.

Greenland is not a member of Schengen, but is only embraced by the Schengen Information System. This means that a Schengen visa does not provide entry to Greenland. When applying for a Danish visa, persons from countries that require a visa must therefore clearly state that the visa must also be valid for Greenland.

EU citizens’ national ID cards cannot be used as identification on entry to Greenland. These citizens must have their passport with them.

Scandinavian citizens do not need to have their passport with them. However, they must bring photo ID pursuant to flight security rules.

Please refer to the Danish Immigration Service’s website, where you can find more detailed information concerning countries that require a visa, visa rules, etc.

For journeys outside Europe, your passport shall normally be valid for at least a further 6 months following your return home. In the case of journeys to the USA, advance registration must be carried out at esta.cbp.dhs.gov. Greenland Travel assumes no liability for failure to produce a valid passport, necessary visa or entry permits.

 

4.2 Disabled persons

The Organiser’s tour documents will specify whether the tour is suitable for disabled persons with mobility problems. Furthermore, prior to formation of the contract, the Traveller can request the provision of more detailed information concerning the suitability of the tour in relation to the Traveller’s needs. It is a prerequisite for such a request that the Traveller provides all necessary information concerning his or her needs.

 

4.3 Names on travel documents

The Traveller is responsible for the names that appear on his or her travel documents and bookings being identical to the full name that appears in the Traveller’s passport. If the Traveller discovers inconsistencies between the trav- el documents and his or her passport, the Traveller must immediately inform the Organiser to this effect, who will then make efforts to remedy the error. If the discrepancy is attributable to the Traveller, any related expenses shall be defrayed by the Traveller. If remedial action is not possible, the Traveller cannot hold the Organiser liable.

Late showing. If the Traveller does not reach a satisfactory solution with the supplier, the Traveller must contact the Organiser. In the event that the Traveller does not contact the supplier and/or the Organiser respectively, the booking will be cancelled by the supplier, and the Traveller will not be able to use the booking or be entitled to a refund.

In the event that flight tickets are part of the package tour, these must be used in the correct order. If the Traveller does not use the flight tickets in the correct order, the airline will cancel the remaining flights.

The Traveller will therefore be unable to use individual sections of a tour, e.g. the Traveller will not be able to use the flight home.

The Traveller must have completed check-in, if applicable, in accordance with the times and locations stipulated in the itinerary or other clearly specified times or locations for latest check-in on outward and homeward journeys. The Traveller is responsible for drawing attention to themselves in the queue if the Traveller can see that they will be unable to complete check-in within the stipulated times.

The Traveller must remain up-to-date on homeward journey times in good time prior to the homeward flight and be aware of whether any changes to the time of the homeward journey stated in the travel documents have been carried out or announced.

Notification of such changes will be given to the Traveller individually or by notification posted at a previously agreed point by either the Organiser, representatives of the Organiser or the Organiser’s sub-suppliers.

The Traveller must keep himself regularly updated on departure points and times for the means of transport included. This can involve, for example, keeping an eye on the departure screens immediately after arrival at an airport and contacting airport personnel in the event of any doubt as to which terminal or gate the flight is due to depart from. Changes to terminals and gates often take place beyond the scope of the Organiser’s control. The Traveller cannot make any claims against the Organiser in such circumstances.

 

4.4 Rules and regulations

The Traveller must comply with the rules and regulations that apply to all of the package tour’s sub-suppliers, such as hotels, airports, means of transport, etc.

The Traveller must thus act in such a way that his behaviour does not inconvenience or cause a nuisance to his or her fellow travellers. In flagrant or repeated cases, inappropriate behaviour can lead to the Traveller being excluded by the Organiser or its representatives from further participation in the tour. In such cases the Traveller is responsible for his or her own transport home and any expenses resulting from this. In the event of exclusion from the tour, the Traveller is not entitled to receive any form of refund of the price of the package tour.

The Organiser is not responsible with regard to the exercise of public authority, including, but not limited to, the intervention/action of the police with respect to the Traveller in connection with any inappropriate behaviour by the Traveller. In such situations, the Traveller is liable for any expenses that may be imposed on him or her, in addition to which the Traveller cannot make any claim against the Organiser; nor will the Traveller be entitled to a refund of the price of the package tour.

 

4.5 Failure to comply

If the Traveller fails to comply with the requirements concerning passport, visa, health formalities, specification of correct name on travel documents and inspection hereof, the rules concerning late showing and other rules and regulations, the Traveller cannot make any claims against the Organiser, the retailer or the sub-supplier of the package tour for the consequences, lack of conformity, inconvenience or losses which result from failure to comply with the Traveller’s general obligations.

 

5. Alterations to the contract

5.1 Transfer of the package tour

The Traveller can transfer the package tour to another person for a fee of DKK 1500. Notification of transfer of the package tour must be given to the Organiser on a durable medium no later than 7 days prior to the start of the tour. Notification after this time will result in the Traveller losing the right to transfer the package tour.

Transfer of the package tour can only take place if the person to whom the package tour is transferred meets the necessary terms and conditions for performance of the tour, including passport, visa and health requirements, as specified by the Organiser on formation of the contract.

The option of transferring the package tour can be restricted in whole or in part by the Organiser in the event that this proves to be impossible as a consequence of the sub-supplier’s terms and conditions. Restrictions in terms of transferring the package tour will always appear clearly in the Traveller’s travel documents.

In connection herewith, the Traveller’s attention is drawn to the fact that the vast majority of flight tickets that make up package tours cannot be changed or refunded once they have been booked (“non-refundable” tickets).

 

5.2 Price changes

After formation of the contract, the Organiser can make changes to the agreed price for the package tour in the event that changes have occurred to:

  • the price of carriage of passengers as a result of expenses for fuel or other power sources,

  • taxes, duties or fees for the package tour’s travel services that are imposed by third parties not directly involved in the performance of the package tour,

  • currency exchange rates that have substantial significance for the package

The calculation of these changes is carried out in accordance with the examples outlined below:

If part of the price of the package tour is paid in a currency other than DKK, this amount or its proportion of the total price will appear on the invoice. Foreign currencies that are used for calculation of the price of the package tour will appear on the invoice with specification of the currency, its exchange rate and the date of the specified exchange rate.

In the event of changes to the price of the tour, the Organiser shall notify the Traveller of any price increases or decreases.

Notification must take place on a durable medium no later than 20 days prior to departure. The price may be in- creased by a maximum of 8 % of the package tour’s price. If the price increase is higher than 8 % of the price of the package tour, the Traveller shall be entitled to terminate the contract.

If the price falls as a result of changes to the above conditions, the Traveller has a right to a reduction in price that corresponds to the decrease in price resulting from such changes. In this case, the Organiser is entitled to deduct administrative costs from the refund paid to the Traveller.

 

5.3 The Traveller’s alterations to the package tour

In the event that the Traveller wishes to make alterations to the package tour, he must contact the Organiser as soon as possible. If it is possible to make alterations to the package tour, the Traveller must defray the extra expenses resulting from any alterations. The Organiser is not obliged to carry out alterations to the package tour.

In the event that the Traveller wishes to make alterations that the Organiser cannot satisfy in the existing contract, the alteration – if the Traveller insists on making alterations to the package tour – will be regarded as a cancellation of the package tour, cf. section 6.2, and a new booking.

 

5.4 The Organiser’s alterations prior to the start of the package tour

5.4.1 Immaterial alterations

The Organiser has the right to carry out immaterial alterations to the package tour prior to the start of the package tour without liability and without the Traveller’s consent. The Traveller is obliged to accept such alterations if the Organiser informs the Traveller without undue delay of the alterations in question in a clear and comprehensible manner prior to the start of the package tour.

 

5.4.2 Other alterations.

If, prior to the start of the package tour, the Organiser either:

  • carries out significant alterations to the package tour,

  • or cannot deliver certain services which the Traveller has requested and the Organiser has accepted to deliver,

  • or increases the price of the package tour by more than 8 % the Traveller then has the following rights:

  • the Traveller can terminate the contract and get a refund of the amount paid concerning the tour,

  • or, if offered by the Organiser, the Traveller can take part in a substitute

The Organiser is obliged to contact the Traveller and notify him or her without undue delay of any significant alterations, as well as any significance that such alterations may have with regard to the price of the package tour.

The Organiser stipulates a reasonable deadline as to when the Traveller must notify the Organiser of his or her decision, as well as providing notification that the consequence of not meeting this deadline is that the Traveller is deemed to have accepted the alterations covered by 5.4.2.

In certain circumstances, the Traveller may be entitled to compensation if an economic loss is suffered due to the significant alterations outlined above, unless the reason for these alterations is due to unavoidable and extraordinary circumstances.

 

6. Termination of the contract:

6.1 Right of withdrawal

No right of withdrawal applies to the purchase of package tours, cf. section 18, subsection 2, no. 1 and section 7, subsection 2, no. 5 of the Danish Consumer Protection Act, which exempts personal carriage from the scope of the Danish Consumer Protection Act.

 

6.2 Cancellation of the package tour

6.2.1 Standard cancellation terms

The Traveller can cancel the package tour prior to the start of the package tour pursuant to the standard cancellation terms outlined below, unless the Organiser has specified in writing prior to formation of the contract that cancellation will take place according to an individual calculation of the cancellation fee, corresponding to the price of the package tour less the cost savings and any income from alternative deployment of the cancelled travel services.

  • In the event of cancellation no later than 60 days prior to the date of departure, the Organiser refunds the Traveller the amount paid less the deposit, a fee of EUR 336 per person. NB: in the case of individually tailored tours, the fee/deposit corresponds to 50% of the price of the tour. In the case of cruises with Hurtigruten, the deposit/fee amounts to 20% of the tour price.

  • If cancellation takes place later than 60 days prior to the date of departure and no later than 30 days before the time of departure stated in the travel documents, the Organiser has the right to charge 50% of the total price of the tour.

  • If cancellation takes place later than 30 days prior to the date of departure, the Organiser is entitled to charge the full price of the tour in cancellation fee.

The Traveller can request an explanation for the size of the cancellation fee.

 

6.2.2 Cancellation in the event of acts of war, etc.

The Traveller can cancel a package tour prior to the start of the package tour without incurring any cancellation fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or in the immediate vicinity hereof that significantly affect the performance of the package tour or the carriage of passengers to the destination.

In order for the Traveller to be able to cancel without incurring a cancellation fee, the unavoidable and extraordinary circumstances in question must make it impossible from an objective standpoint to travel safely to the destination, e.g. on the basis of travel advice or declarations from the Ministry of Foreign Affairs of Denmark, the health authorities, etc. See www.um.dk and www.ssi.dk.

In the event of cancellation without a fee, the Traveller is entitled to a full refund of the price of the tour, but does not have the right to additional compensation from the Organiser.

The right of cancellation without a fee does not apply, however, if, at the time of formation of the contract, the customer knew of or should have known of the event concerned or the event was otherwise general knowledge. If the Traveller cannot cancel the tour without a fee pursuant to the above, general cancellation rules apply, cf. section 6.2.

For circular tours, the Traveller only has the right to cancel the part of the package tour that takes place in the area in which travelling is precluded. If this part of the package tour represents a significant part of the package tour, however, the Traveller has the right to cancel the tour.

 

6.2.3 Date of refund and calculation of cancellation fee

Refunds according to sections 6.2.1 and 6.2.2 must take place no later than 14 days after the Traveller’s cancel- lation of the package tour, and, as such, calculation of the fee in the event of individual cancellation is thus also carried out at this time in correlation with the possibility of the redeployment of the cancelled travel services.

 

6.3 Organiser’s termination

6.3.1 Termination due to lack of participants

If the performance of the tour is dependent on a minimum number of participants, this provision will appear in the Organiser’s tour material or elsewhere in the basis of the contract. The minimum number of participants required or a minimum load factor required before the tour is held will also be stipulated, as well as the latest point in time at which this figure has to be achieved prior to the start of the package tour.

If the necessary number of participants is not reached before the stated time, the Organiser can terminate the contract concerning the package tour without any liability. The Organiser shall inform the Traveller of the termination of the contract prior to the deadline stipulated in the contract, though no later than

  • 20 days prior to the start of the package tour if the tour is due to last more than six days,

  • 7 days prior to the start of the package tour if the tour is due to last between two and six days, or

  • 48 hours prior to the start of the package tour if the tour is due to last less than two

 

6.3.2 Termination due to unavoidable and extraordinary circumstances

The Organiser can also terminate the contract concerning a package tour without liability if the Organiser is pre- vented from fulfilling the contract due to unavoidable and extraordinary circumstances and the Organiser notifies the Traveller of the termination of the contract without undue delay and prior to the start of the package tour.

In the above situations, the Traveller shall have the amount paid for the tour refunded no later than 14 days after termination of the contract, and the Traveller shall not be entitled to any claim for compensation.

 

7. Complaints and claims:

If a lack of conformity is discovered after the start of the tour – en route or at the travel destination – the Traveller must immediately make a complaint to the Organiser, its representative at the travel destination or to the sub-supplier which the lack of conformity concerns.

If the Organiser’s representative or sub-supplier cannot or will not remedy or – in the opinion of the Traveller – does not satisfactorily remedy the lack of conformity, the Traveller must make a claim directly to the Organiser. The Traveller must make sure that the claim is noted by the Organiser’s employees and/or sub-suppliers on site – e.g. by means of a notice in a hotel book or in another written form. Furthermore, the Traveller should make sure a receipt of the claim is made available.

If the Traveller does not make a claim as described above, this will have consequences for the Traveller’s right to subsequently make a claim for the lack of conformity concerned and to receive compensation.

 

8. Limitations concerning the organisers liability for damages:

Airline companies have direct responsibility for ensuring the correct performance of transport according to the Warsaw and Montreal Conventions, EU Regulations 889/2002 and 261/2004, as well as the Danish Air Navigation Act.

The Organiser limits its liability to the limits on amounts applicable at any time that appear in the Warsaw and Montreal Conventions (air transport), the Athens Convention and EU Regulation 392/2009 (maritime transport) and the COTIF Convention and EU Regulation 1371/2007 (railway transport). The Organiser’s liability for damages cannot therefore exceed the amount that applies to the carriers that have direct responsibility for carriage.

The applicable SDR rate (XDR) can be found at www.nationalbanken.dk

The limits on maximum damages pursuant to the Warsaw and Montreal Conventions are set as follows:

  • In the event of death or injury to the passenger: 113,100 SDR – provided that the airline can prove that it has not acted negligently or incorrectly, or provided that the incident was not caused by the negligent or incorrect conduct of a third party

  • In the event of damages caused by delays to personal transport: 4,694 SDR

  • In the event of destruction, loss, damage or delay of baggage: 1,131 SDR

The limits on the maximum damages pursuant to the Athens Convention and EU Regulation 392/2009 are set as follows:

  • In the event of death or injury to the passenger: 250,000 SDR to 400,000 SDR – depending on the reason for injury and the carrier’s demonstrated blame

  • In the event of destruction, loss or damage of hand baggage: 2,250 SDR

  • In the event of destruction, loss or damage of vehicles, including baggage in or on the vehicle: 12,700 SDR – the carrier is only liable for damages as a result of an error or failure on its part

  • In the event of destruction, loss or damage of baggage other than hand baggage and vehicles: 3,375 SDR So-called “valuables” are not compensated according to the set of

The limits on maximum damages pursuant to the COTIF Convention and EU Regulation 1371/2007 are set as follows:

  • In the event of death or injury to the passenger: 175,000 SDR

  • In the event of loss or damage to items: 1,400 SDR

  • In the event of full or partial loss of a vehicle: 8,000 SDR

  • In the event of damage to items left in the vehicle: 1,400 SDR – the carrier is only responsible for damage caused by an error or failure on its part.

 

9. Filing of claims after the end of the tour:

Claims for damages and/or proportional reduction in the price of the tour – as a result of a lack of conformity for which complaints have been correctly filed, but which have not been remedied by the Organiser – must be filed against the Organiser within a reasonable period after the conclusion of the tour. If this is not done, the Traveller will lose the right to claim damages against the Organiser.

The Traveller can submit a claim to Greenland Travel by email: team@greenland-travel.dk.

 

10. Offsetting amounts when paying out damages and/or compensation:

When submitting a claim to the Organiser, the Traveller must state whether the Traveller has also claimed dam- ages or compensation from the carrier on the basis of EU regulations concerning passenger rights and liability for damages in terms of passenger transport and according to the international conventions that also regulate this area. In the event that the Traveller has received damages and/or compensation from the carrier, the Organiser has the right to offset damages and/or compensation according to the Danish Package Travel Act against the dam- ages and/or compensation that the Traveller has received from the carrier.