Arctic Holiday and The luxury arctic travel company General Terms & Conditions

The terms and conditions below apply to all bookings with Arctic Holiday Ltd (‘Arctic Holiday’ also trades as “The Luxury Arctic Travel Company”).  Arctic Holiday Ltd is registered in England & Wales under company number 10775276. Our trading office address 26 Bramshill Gardens, London NW5 1JH.

Arctic Holiday Ltd also trades as and owns “The Luxury Arctic Travel Company”. All contracts and bookings are booked with Arctic Holiday Ltd.

The following terms and conditions (“booking conditions”) together with any written information we brought to your attention before we confirmed your booking form the basis of your contract with Artic Holiday (also trading as the Luxury Arctic Travel Company). Please read them carefully as they set out our respective rights and obligations.  By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these terms and conditions and agree to them.

Except where otherwise stated, these booking conditions only apply to arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “booking”, “contract”, “package”, “tour” or “arrangements” mean such arrangements unless otherwise stated.

In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires and “lead name” means the person who makes the booking.  “We”, “us” and “our” means Artic Holiday (also trading as The Luxury Arctic Travel Company)

By making a booking, the first named person or lead person on the booking agrees on behalf of all persons detailed on the booking that:

• He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
• He/she consents to our use of information;
• He/she is over 21 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services;
• He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Artic Holiday buys all ground handling, logistics, accommodation and other services from several Norwegian, Finnish, Swedish and Icelandic suppliers.

Where services are booked with Artic Holiday as the principal provider, your contract will be with us and our full booking conditions apply. Further conditions may also be applied by our suppliers and together these make the ‘conditions of contract’ and constitute the entire agreement between you and Artic Holiday. We will make it clear to you at the point of sale if Artic Holiday is acting as an agent for another holiday provider. In such instances, your contract will be with them as the principal provider, although the relevant terms of our own booking conditions will also apply.

Many of our supplier’s terms and conditions can be found on their websites and we can also provide you with a copy at the time of booking, upon request. By proceeding with a booking, you acknowledge that you have read and understood all of the Conditions of Contract and agree to be bound by them. All on board/in resort accounts must be settled directly with the supplier.

English Law
The contract between us will be governed by English Law and any dispute will be resolved exclusively by the English courts. Our Terms do not affect your statutory rights.

2: BOOKING AND CHANGES TO BOOKING

Bookings shall be sent in writing directly to Arctic Holiday Ltd. A booking is binding once you accept our written [or verbal quotation] and we have received from you a written confirmation with your signature or a written email from you and you pay us the required 30% deposit and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you.

You are personally responsible for checking that the reservation is in accordance to your booking. As the booking party, you have an obligation to make sure that all names in the documentation are correct as per the passports of all members of your group. You will also be responsible for ensuring that all members of the travel group are kept informed as to what is booked and kept up to date of any changes.

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

If, after your booking has been confirmed, you wish to make a change to the booking, we will make every effort to satisfy your requirements; however, this may not always be possible. In instances where arrangements are already in place for a specific expedition or tour this may not be possible without loss of deposit. Any request to change arrangements must be made in writing by the person who made the booking, not later than the date on which balance of the original holiday price is due for payment. Alterations made after this date will be regarded as a cancellation by you of the original booking and a new booking and the cancellation charges set out in clause 3 will apply. If you wish to transfer your confirmed booking to another person, you can do so, provided that this is not later than the day on which the balance of your holiday is due. In instances where arrangements are already in place for a specific holiday, this may not be possible without loss of deposit. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to us for the payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing component parts of your holiday.

All amendments and transfers to a booking will be subject to an amendment fee of [£25] per booking, plus any additional costs associated with the change. It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements per clause 8 of these booking conditions.

3: PAYMENT

We issue two invoices. The first invoice is for a deposit payment of 30% of the final price of your trip and this is due upon confirmation of the booking. The second invoice is for the remaining 70% of the total costs and is due 46 days prior to departure. In the event that one client sends several groups on different dates on the same itinerary/travel program, each group can be invoiced separately according to each group’s departure dates upon request from the client. In no such request is provided, the final cost of all the groups will be billed as per the first group’s arrival date.   For bookings made later than 6 weeks prior to arrival, the full payment is due immediately. The client can also choose to pay the invoice in full when the first payment is due.

For bookings of more than 20 people, an initial deposit payment of 10% or a minimum of £5000, – will also be charged upon signature of the contract. The deposit is non-refundable but will be subtracted from the total cost due on the final payment.

4: CANCELLATION

If you or any member of your party decides to cancel your confirmed booking you must notify us in writing (by post, or email). You are responsible for making sure Arctic Holiday Ltd receive cancellation notices as a notice of cancellation will only take effect when it is received in writing by us.  We recommend you use recorded delivery when using post. Once we receive the cancellation notice we will refund the tour´s price minus the below listed cancellation percent charge which is the cost we incur for cancelling your arrangements:

CANCELLATION TERMS FOR NON FLIGHT INCLUSIVE HOLIDAYS PACKAGES: 

For cancellation of individual bookings (1 – 9 participants in one booking):

• 46 days or more before activity/tour: Loss of booking deposit fee 30% of total cost
• 36 days – 4 weeks before activity/tour: 80% of total booking cost
• Less than 4 weeks before activity and no-show: 100% of total booking cost (No refund)

FOR GROUP BOOKINGS; 10 OR MORE PARTICIPANTS IN ONE BOOKING:

• over 8 weeks or more before departure: Loss of total 10% of deposit payment or £2000 whichever is the higher
• less than 46 days before departure: Loss of 30 % of total booking cost
• less than 33 days before departure: Loss of 100% of total booking cost (No Refund)

Cancellation charges are also applicable for no-show of participants.

If the reason for cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim these charges. If you cancel your holiday we will not refund any insurance premiums, trekking permits, or flight payments paid at time of booking.
If you return home early (or are unable to take part in any activity or excursion), we cannot refund the cost of any services you have not used and will not be liable for any associated costs you may incur. Depending on the circumstances you may be able to claim on your travel insurance, and in such circumstances, we suggest any claim is made directly with them.

To refund any amounts due to you we will require details such as name, address, country, account number and name and address of your bank. BIC/SWIFT and IBAN codes will be required for refunds to bank accounts outside of the UK.

5: LIABILITY

• We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser”. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors [(for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday)], we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
• We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the act(s) and/or omission(s) of the person(s) affected;

(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

(d) an event which either we or suppliers could not, even with all due care, have foreseen or forestalled; or force majeure as defined in clause 8.

• We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is £25.00 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

(b) for claims not falling under (a) above or involving injury, illness or death the maximum amount we will have to pay you in respect of these claims is the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

(c) for claims in respect of international travel by sea and rail, or any stay in a hotel

1. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey.
2. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

• It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
• Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
• Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) any business losses.
• We will not accept responsibility for services or facilities which do not form part of our agreement. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
• If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

6. CUSTOMER’S RESPONSIBILITIES

The participants are personally responsible for assessing whether they are physically and mentally fit to take part in any booked tour. The customer must comply with the regulations for conduct and must obey instructions given to them by the Operator and guides.

All participants are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any of our suppliers, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made, and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the supplier. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

Arctic Holiday Ltd and its suppliers in Norway and Scandinavia reserve the right to refuse to allow a guest to participate in a tour when that participant presents a threat to the safety of either themselves or other participants, or when the customer behaves in a manner which is highly annoying or is a nuisance for other tour participants.

Travelers are responsible for bringing necessary travel documents including (but not limited to), passports and documents relating to visas, immigration and health that may be required for Norway, Svalbard, Greenland and Iceland and the rest of Scandinavia. Arctic Holiday Ltd are not liable for forgotten passports, visas or other travel documents.  All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation.  If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.  Travelers are responsible for providing a full list of correct names and identity details of all participants.

7: CHANGES TO PRICING

Please note that pricing can be adjusted due to currency change and supplier price rises without warning if these are within 10% of the original price. After receipt of a confirmed reservation the price of a tour can be adjusted up to 20 days before departure due to unexpected changes in government fees, taxes or transport costs or currency rates. If the price change is more than 10% of the original price the customer will be given the right to cancel their tour and receive a full refund, apart from any deposit fee paid upon the initial booking.

8: CANCELLATION/CHANGES TO PROGRAM BY ARCTIC HOLIDAY

Arctic Holiday reserves the right to cancel any departure or tour up until the departure date because of force majeure or other similar circumstances which lie outside of the Operator’s control and result in it being impossible to carry out the tour. Where we are forced by “force majeure” to change or terminate your arrangements after departure we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.  In these booking conditions, “force majeure” means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire and other situations which are outside our control.

Arctic Holiday also reserves the right to cancel tours where the minimum number of participants for the tour has not been reached. Should a cancellation occur due to the lack of participants then the reimbursement to booked participants will be limited to the sum that was paid by that participant to the Operator.  Any services not booked through the Operator will not be covered by Arctic Holiday Ltd.

Artic Holiday also reserves the right to cancel tours where the balance has not been paid by you in accordance with these booking conditions.

9: COMPLAINTS OR CLAIMS

Should a customer believe that they have a reason to complain about an arrangement they must immediately notify Arctic Holiday Ltd staff and bring it to the attention of suppliers’ staff so that they can endeavour to rectify the issue during the arrangement. It is unreasonable to take no action whilst away, but then write a letter of complaint upon your return.  If the problem cannot be resolved and you wish to complain further, the claim or complaint must be sent in writing to Arctic Holiday Ltd within 30 days from the incident. Failure to do this may result in it being impossible to investigate or alter the situation, and it may impact the way in which your complaint is dealt with your travelers’ rights.

10: JURISDICTION AND LEGAL HEARINGS

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

11: INSURANCE

Participants must have appropriate travel insurance in addition.

Please do note that adequate travel insurance is vital. The [Nordic destination[s]] we offer can present certain risks, particularly those associated with cold weather, snow and ice conditions and outdoor activities associated with these, and you must be satisfied that your insurance fully covers all your personal requirements including medical expenses, repatriation, helicopter rescue and air ambulance in the event of accident or illness. The insurance cover should extend for the planned duration of the tour and at least an additional day. Please remember to advise your insurers of any activities which you may be taking as part of an excursion, particularly in the case of snowmobile to make sure that you are fully covered.  Cost of damage to any snowmobile will be charged to the driver if the driver has been negligent.

If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. Under certain circumstances Artic Holiday may ask you to provide evidence that you have purchased travel insurance for your holiday.

12: ERRORS/ACCURACY

The information in our catalogues, websites (www.arcticholiday.co.uk and www.theluxuryarctictravelcompany.com) and written material have been carefully checked and we believe they are correct at the time of publication. Occasionally changes and errors can occur, and we reserve the right to make changes; if this occurs we will advise you before your booking is confirmed. We feel it is right to point out that advertised facilities may be subject to change by the various suppliers concerned. There may be occasions when an advertised facility or activity is not available during your own holiday. This may be due to insufficient numbers, weather, operational or maintenance reasons. All hotel gradings are those provided by the countries concerned.

Walks, activities and excursions may be subject to variation or cancellation due to party size, weather, or operational considerations and we cannot guarantee that a particular walk will operate during a holiday. We cannot guarantee that any specific leader or number of guests or leaders will be present on any holiday.

13: DATA PROTECTION

For the purposes of the Data Protection Act 1998, we are a data controller. In order to process your booking, [send you a catalogue] or respond to an enquiry, we need to collect personal data from you. Depending on what’s required, the personal data we collect may include names and contact details, credit/ debit card or other payment information and special requirements such as those relating to any disability or medical condition which may affect arrangements and any dietary restrictions which may disclose your religious beliefs (“sensitive personal data”).

In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, transport companies to book or reserve your chosen itinerary and secure such reservations with these suppliers for the purpose of the processing of you booking. [The information may also be provided to security or credit checking companies, public authorities such as customers/immigration if required by them or as required by law].

[Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons)].