Vilkår og betingelser for pakkereiser
These are the terms and conditions applying when purchasing travel packages from Uteguiden AS that falls under the definition in Section 6 of the Act relating to package travel of 15 June 2018. They are based on the template prepared by Virke and the Norwegian Consumer Ombudsman and have been formulated in accordance with the Act relating to package travel (the «Package Travel Act») and the Regulations issued by the Ministry of Children and Family Affairs (the «Regulations») and supplement the provisions of the Act and Regulations.
By purchasing our travel packages you approve these terms and conditions. Before placing your booking, you should therefore familiarize yourself with the terms and conditions. The person making the booking is responsible for providing correct and relevant information for all persons included in the booking.
These terms and conditions regulate the relationship between Uteguiden AS (hereby referred to as “Uteguiden”) and you as our Customer.
1. Conclusion of the agreement and payment terms
1.1 Booking
The agreement between the parties is deemed as concluded upon a confirmed booking and payment of agreed deposit, see section 3.2.
Uteguiden may require payment of a deposit at the time of booking or prior to a contractual due date. The deposit shall be paid in the manner agreed upon and by the deadline set by Uteguiden.
1.2 Payment terms
If the contractual amount has not been deposited to Uteguiden’s account within 2 days after the due date, Uteguiden may terminate the agreement unless the Customer can document that payment has been made by the due date.
The remaining amount shall not fall due earlier than 35 days prior to departure. If Uteguiden has payment obligations to subcontractors that fall due earlier than 35 days prior to departure, the remaining amount may fall due earlier. Uteguiden shall be able to document such obligations.
We will provide clear and explicit information about when the remaining amount falls due prior to booking. If such information is not provided in a clear and explicit manner when booking, Uteguiden’s deviant payment deadlines do not obligate the Customer. Payment shall then not fall due earlier than 35 days prior.
Payments must be made through a secure payment link or alternatively through bank transfer. We do not store any of your payment details.
2. What is covered by the agreement between the Customer and Uteguiden
The agreement covers package travel as set forth in the booking and confirmation and the travel document (or similar document), as well as any additional services that are included in the travel package by agreement between the parties.
Information we have provided on our websites and in our catalogues, brochures, etc. are part of the agreement unless they must be assumed to be of no significance to the Customer’s purchase of the travel package in question. Any information that has clearly been modified prior to the conclusion of the contract is not a part of the agreement. Please note that information may be subject to change prior to conclusion of an agreement.
3. Price of the travel package
3.1 Price
The price quoted for the travel package shall include all the charges, fees and/or taxes that the Norwegian and/or foreign authorities will impose on the services included in the agreement. If a tourist tax etc. is payable directly at the destination it shall be disclosed by Uteguiden.
The price includes any supplements for the Customer’s special wishes in connection with the booking or other services Uteguiden has consented to include in the travel package. Supplements or discounts related to the travel package or any such optional extras or specifications shall be clearly disclosed in Uteguiden’s price list/specifications.
The price for any cancellation protection and/or travel insurance will be in addition to the price of the travel package and is not covered by the provisions in this section. The same applies to any connecting travel or land arrangements that are not part of the travel package.
The price can be adjusted up or down by changes in government taxes and fees, and/or transport prices and/or the currencies in question. The Customer shall be given grounds for and a calculation of the price increase. Uteguiden will in this case also give the Customer an equivalent or corresponding right to demand a price reduction if the circumstances under which Uteguiden reserves the right to increase the price change in the Customer’s favor, cf. Section 19 of Package Travel Act, cf. Section 20.
Notice of a price increase will be communicated to the Customer no later than 20 days prior to departure for a demand to increase the price to be valid. The Customer may for his/her part not claim a price adjustment in his/her favor due to circumstances that arise later than 20 days prior to departure. A price increase of more than 8% of the agreed purchase price will entitle the Customer to terminate the agreement at no cost to the Customer.
In the notice of a price increase in accordance with the provisions above, Uteguiden shall set a reasonable deadline for the Customer’s right to terminate the purchase at no cost. The deadline cannot be set to less than three business days.
3.2 Deposits
Uteguiden may require a reasonable deposit in relation to the booking.
If Uteguiden can document that the booking entails special financial obligations prior to the start of travel, for example, hotels requiring a non-refundable prepayment or special land arrangements (excursions, courses, etc.) that are part of the package, and Uteguiden is not entitled to a refund upon cancellation of the land arrangement, the deposit may be increased correspondingly.
4. Special conditions related to the agreement
4.1 Cancellation protection and travel insurance
If relevant, Uteguiden will advise you on your right to pay for cancellation protection or take out cancellation insurance from an insurance company together with the travel package itself, which guarantees that you will be released from the contract in the event of the Customer’s sudden and serious illness, or such illness in your immediate family or affecting anyone you are travelling with, or other unexpected and serious incidents, see further provisions regarding this in Section 5.3.
Furthermore, Uteguiden will advise you of your right to take out travel insurance from a distributor or organiser, or possibly an insurance company, i.e. insurance for loss/damage to luggage, etc. and to cover medical expenses and possible repatriation in the event of an accident/illness. If you are European, please bring a European Health Insurance Card with you if such travel insurance is not taken out.
If the purchase agreement is concluded shortly prior to departure, the information referred to in the preceding paragraphs will be given when it is practically possible.
1.2 Entry regulations
Prior to the conclusion of an agreement, we will provide you with general information on what passport and visa requirements apply to the desired destinations for citizens from EU/EEA countries. We will also inform you whenever possible of how long it will take to obtain a visa.
Whoever makes a booking for others is obligated to provide accurate and supplementary information on his travelling companions. This message shall be included in the booking confirmation in a clear and conspicuous manner. If specific information about the entry regulations for the selected travel is not given for practical reasons until the confirmation of travel or later, the Customer may terminate the agreement and demand that the deposit paid be refunded in full if the regulations in question significantly affect the Customer’s ability to complete the travel package.
Customers with foreign passports from countries outside the EU/EEA will be informed where they can collect the necessary information if Uteguiden is not able to obtain such information.
Customers are obligated to provide correct information in accordance with the requirements that the authorities in the various countries have stipulated as a condition for entry.
If the authorities in the country of entry announce new personal data requirements for entry or other formal requirements after the travel documents have been issued, Uteguiden, or the relevant third party, shall notify the Customer of this whenever possible.
4.3 Health information and risk
We will inform you of any health formalities in connection with the travel package and stay.
Uteguiden always strive to offer unique experiences and activities. However, please note that booking with the us, you acknowledge that participation in certain activities involve risks above and beyond those encountered on a more conventional holiday. Such risks include, but are not limited to, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. We will always have your safety first in mind, but you are responsible for taking necessary precautions to avoid serious damage or injury to yourself and others.
Please note that all Customers are responsible their own prerequisites for performing the intended activity included in the travel package.
You must always follow the instructions given by Uteguiden before and during the trip. Uteguiden has the authority to refuse people participating in our activities if it is considered a risk to safety – this relates to physical and mental health, the influence of alcohol or other drugs or if they behave in such a way that it is a nuisance to other participants.
By confirming your booking through payment and acceptance of these terms and conditions, you fully accept these risks and agree not to hold Uteguiden responsible in case of injury, damage or loss in accordance with liability limitations under Norwegian law.
4.4 Travel Guarantee Fund
Uteguiden has furnished a mandatory guarantee to the Travel Guarantee Fund. The Fund secures you a reimbursement in case of insolvency or dissolution of the company.
Contact info:
Postal address: Reisegarantifondet, Postboks 1807 Vika, 0123 Oslo
E-mail: firmapost@rgf.no
Telephone: 51 85 99 40
5. The Customers right to cancel or transfer the travel package
5.1 Cancellation in the event of extraordinary circumstances
The Customer is entitled to cancel the travel package, and to have the amount paid for the travel package refunded if at the destination or in the immediate vicinity thereof prior to the start of the travel package inevitable or extraordinary circumstances have been noted, such as acts of war, natural disasters, hazardous infectious diseases or other events that must be equated with such events, which will affect the completion of the travel package or the transport of the Customer to the destination.
The right of cancellation also applies if the events arise along or during the itinerary, and they entail a genuine risk to the Customer. Refund claims for services that are not part of the travel package must, if payment for such services has already been transferred from Uteguiden to the service provider in question, shall be addressed to the service provider on a contractual basis.
The right to cancel in accordance with this section does not apply if the Customer knew, or should have been aware of, the circumstances when he entered into the agreement to purchase the travel package.
5.2 Fees for cancellation
A travel package is considered confirmed when you have made the agreed deposit payment in accordance with section 1.1, cf. section 3.2.
The Customer is entitled to cancel the travel package in return for the payment of a reasonable administration fee until there are 42 days left until the date of departure.
If the Customer cancels after this deadline, the following rules will apply:
- Cancellation between the cancellation deadline (as a rule, 42 days prior to the date departure) and until there are 15 days left until the date of departure: The amount paid less the amount of the deposit will be refunded. If Uteguiden has not required a deposit, the amount less 20% of the travel package price will be refunded.
- Cancellation after there are less than 15 days until the date of departure or no show at departure: No refunds beyond the government fees that are not incurred.
When the special and documentable nature of the travel package makes it reasonable, for example when Uteguiden’s right to a refund from our service providers is limited, Uteguiden may set terms that deviate from the aforementioned refund policy.
However, the Customer’s cancellation right may in any case not be restricted to a greater extent than Uteguiden’s rights in relation to his subcontractors
If the price is based on discounts or reductions linked to the number of participants, the basis for such discounts or reductions may no longer apply if anyone in the group cancels. In the event of such partial cancellation, we may refund a proportionate share of the agreed price to those who have cancelled; however, we reserve the right collect a proportionate higher price from the remaining participants.
Sometimes we may co-operate with other service providers. Please note that partial cancellation may not entitle a refund because our service providers may base their pricing on groups, and cancellation of one or more persons may not incur a reduction in price, regardless of time of cancellation.
5.3 In the event of a sudden illness or accident – voluntary cancellation protection.
If the Customer has taken out cancellation protection/insurance, he/she is entitled to demand that he/she shall be released from the agreement if he/she can document that the conditions for such cancellation have been met. The Customer is obligated to notify Uteguiden of the cancellation as soon as possible after he/she has become aware of the circumstances that entitle him/her to cancel in accordance with this section.
The cancellation protection shall at least give entitlement to cancellation if the Customer, his/her spouse, registered partner, cohabitant, child, parent, in-laws or siblings, are affected by a sudden and serious illness, accidental injury or death. The same is true if such circumstances affect anyone that he /she is travelling with, and it would be unreasonable to demand that the Customer complete the travel package without the person in question. Sudden or serious incidents affecting the Customer or his/her travel companions is equated with sudden or serious illness, cf. the above, which means that it is not reasonable to demand that the Customer complete his/her travel package. Such incidents may include fire or water damage to real property, etc.
The rights in accordance with the preceding items assume that the Customer himself/herself was not familiar with, nor should have been aware of, the circumstances entailing that the travel package cannot be used, or that he/she is not responsible for such circumstances.
The Customer is obligated to give Uteguiden notice of cancellation as soon as possible after he/she has become aware of the circumstances justifying the cancellation in accordance with this section, as well as obtaining adequate documentation of the illness from a physician, or the impeding circumstance, for example by a certificate from the police or an insurance company.
If the Customer has accepted Uteguiden’s own cancellation protection, Uteguiden shall, in the event of cancellation in accordance with the aforementioned provisions, refund the amount paid (less the price of the cancellation protection) without undue delay as soon as the necessary documentation has been provided by the Customer, possibly after the deduction of a reasonable administration fee. It is also a prerequisite that the fee is stated in Uteguiden’s individual terms and conditions or the insurance document.
If the booking includes multiple Customers, and the total price reflects the discount or reduction based on the total number of participants, a cancellation by one or more of the Customers may entail that the conditions for the agreed price no longer apply. This shall not increase the price for the remaining participants but be covered by the cancellation protection.
Uteguiden has the right to transfer the Customers to different accommodation that is better suited to the size of the remaining group and otherwise corresponds to the originally booked accommodation. The right to such relocation is contingent on the relocation not reducing the content of the selected travel package or entailing that the information provided on the travel package or agreed additional services no longer can be fulfilled.
5.4 Transfer of the travel package
The Customer is entitled to transfer the travel package to another person who meets the conditions for participating in the travel package. The prerequisite here is that Uteguiden is notified well in advance of the start of the travel package, and that Uteguiden and/or our service providers are not bound by rules prohibiting such transfers.
In the event of a transfer, Uteguiden may charge a reasonable name change fee. The original Customer and the new Customer will be jointly and severally liable for both such a fee and any remaining amount for the travel package.
Uteguiden’s duty of disclosure in accordance with the Package Travel Act and these terms and conditions, is normally regarded as having been fulfilled in relation to the new Customer to the extent that the duty of disclosure has been fulfilled in relation to those who are transferring the travel package. If there is a need to provide further information, and this is practically possible, Uteguiden will nevertheless still be obligated to disclose the necessary information to whomever the travel package has been transferred. Uteguiden will not bear any liability if the person to whom the travel package has been transferred does not satisfy the requirements stipulated by the country of entry.
5.5 Changing the reservation
The Customer can change the travel date, destination, hotel, etc. in return for a reasonable administration fee, provided Uteguiden has an opportunity to comply with the new wishes. If Uteguiden’s costs associated with the change exceed the size of the fee, the change may be regarded as a cancellation. Uteguiden will then advise the Customer that the rules for cancellation fees in Section 5.2 will apply.
6. Organiser’s right to cancel or change the travel package without any liability to pay compensation.
6.1 Too few participants registered
Uteguiden may cancel the individual travel package if the number of places or occupancy rate we have set as a condition for completing the travel package have not been sold. The deadline will not be set shorter than:
- 20 days prior to the departure date for travel packages lasting longer than 6 days.
- 7 days before the travel package starts for travel packages lasting from 2 to 6 days.
- 48 hours before the travel package starts for packages lasting less than 2 days.
Written notice of such cancellation must be received by the Customer no later than the expiration of the deadline. Uteguiden is obligated to notify the Customer of cancellation in accordance with this section as soon as possible. In the event of cancellation in accordance with this section, all of the amounts paid by Customers shall be refunded as soon as possible.
6.2 Impediment beyond the control of Uteguiden
Uteguiden may cancel a travel package without liability to pay compensation if the travel package cannot be completed due to inevitable and extraordinary circumstances and the Customer is notified of the cancellation without undue delay. Such impediments may, under the circumstances, be war or acts of war, natural disasters, hazardous infectious diseases or other events that must be equated with those mentioned above.
If a travel package is cancelled before it starts due to impediments beyond the control of Uteguiden, we are obligated to refund all the amounts paid to the Customer immediately. Alternatively, the Customer shall be offered to participate free of charge in a different travel package of a corresponding or higher quality if Uteguiden can offer such a package. If you are offered an alternative travel package of lower quality than agreed upon, we will offer a suitable price reduction.
In accordance with the same conditions as mentioned in the first paragraph, Uteguiden will not be liable to pay compensation due to non-performance or deficient performance of the travel package or if it must be interrupted due to such impediments arising after the start of the travel package. If the travel package is shortened due to Uteguiden or the Customer cancelling due to such conditions, the Customer will nonetheless be entitled to a proportionate price reduction. Uteguiden is obligated whenever possible to eliminate any risks to or inconveniences for the Customer. If the travel package must be interrupted, Uteguiden is obligated to transport the Customer back to his agreed home destination at no cost and with the least amount of inconvenience for the Customer. The point in time for repatriation will depend on an assessment of the actual local conditions, including the real risk and/or the real inconveniences that a continued stay there would represent. Importance should be attached to the statements of Norwegian and local authorities in this assessment.
If Uteguiden fails to repatriate or postpones this unnecessarily and the Customer must arrange for transport home himself/herself, Uteguiden is liable for any additional expenses the Customer incurs as a result of this.
6.3 Organiser’s right to change the content or conditions upon conclusion of the agreement
Uteguiden may not change the terms and conditions of the agreement or the specifications of the travel package to the detriment of the Customer upon the conclusion of the agreement, unless specifically designated services/specifications are made subject to change, and this is expressly stated in the individual agreement, i.e. the travel document or other contract document.
Uteguiden will notify the Customer in writing as soon as possible if we wish to change the terms and conditions or content in accordance with this section.
At the same time, Uteguiden shall advise the Customer of his/her right to cancel the purchase of the travel package if the changes result in material non-performance or defective performance of the travel package for the Customer after the change, or to claim a price reduction for non-performance or defective performance of the travel package. Please note that if the Customer has not claimed this right within three days after notification of the change has been received, he/she will forfeit his/her right to cancel the purchase or claim a price reduction. If special circumstances entail that the deadline cannot be met, the Customer will be required to give notice as soon as possible and within a reasonable period of time.
7. Parties’ obligations
7.1 Uteguiden`s obligations
Uteguiden shall complete the travel package in accordance with what has been agreed upon with the Customer, cf. Section 2. If unforeseen circumstances nevertheless make changes to the travel package necessary, Uteguiden shall to a reasonable extent ensure that the Customer is subjected to as little inconvenience as possible.
Uteguiden shall provide appropriate assistance to Customers in difficulties as soon as possible. This assistance shall aim to provide appropriate information about health services, local authorities and consular assistance, and it is also relevant to assist in finding alternative travel services. Uteguiden may charge a reasonable fee for assistance if the difficulties are caused intentionally or negligently by the Customer.
Uteguiden will disclose any circumstances we understand, or should understand, will be of importance to the Customer as soon as possible.
If the Customer points out any non-performance or defective performance of the travel package, Uteguiden is obligated to do anything possible, within reasonable limits, to remedy the non-performance or defective performance as soon as possible.
7.2 Customer’s obligations
Please note that as a Customer, you are obligated to familiarise yourself with these general terms and conditions or the conditions Uteguiden has published on our websites, in our catalogue or otherwise.
a) Payment: The Customer is obligated to pay the agreed compensation by the deadline set out in the terms and conditions. A material payment default will entitle Uteguiden to cancel the booking.
b) Information: The Customer is obligated to provide Uteguiden, or relevant third party, with the relevant information that he/she understands or should understand is of significant importance to the completion of the travel package. Whoever makes bookings for travel companions is obligated to provide correct and relevant information for these Customers as well. Uteguiden is not liable for any problems arising from the fact that the personal details or special needs of Customers have not been provided in a correct manner. Anyone who books a travel package on behalf of someone else is obligated to make sure that the individual(s) who are to participate in the travel package can comply with the regulations established by Uteguiden, and that the package in question is of such a nature that the registered participant is able to participate without causing any strain on himself/herself or others.
c) Complaints: Customers are obligated to notify Uteguiden without undue delay if they discover any non-performance or deficient performance that will entitle them to rights under Sections 8.2 a) – e). If the non-performance or deficient performance is discovered after the travel package has started, the Customer must file a complaint locally whenever possible.
d) Documents etc.: The Customer is obligated to verify that tickets and travel documents are in accordance with the booking and that the name of the Customer agrees with what appears in his/her passport. The Customer is obligated to bring with him/her a valid passport, any visa/health certificates, tickets, reference numbers and other documents that may be required for travel. The Customer himself/herself is obligated to obtain such documents that may be necessary for the individual travel package, and he/she is obligated to take out any insurance that he/she deems to be necessary. Uteguiden is entitled to reject a Customer if he/she has not brought the required documents with him/her.
e) Consideration of travelling companions etc.: The Customer is further obligated to observe Uteguiden’s own regulations as they have been presented prior to the conclusion of the agreement, the regulations of hotels and other service providers, and to observe the regulations of carriers and the local authorities. Furthermore, the Customer shall comply with the instructions Uteguiden provides about when and where to report, etc. during the travel package, as well as any instructions that the carrier or transport may give in connection with unforeseen incidents during the travel package.
The individual participants in the travel package must not act in such a way that it inconveniences their travel companions or creates security or practical problems for Uteguiden. Uteguiden has the right to reject a Customer at the start of the travel package if the Customer’s conduct or condition makes it obvious that he/she cannot fulfil the requirements in this section.
f) Consequences of a breach: Gross breach of these regulations after there has been a complaint about a matter will entitle Uteguiden to refuse the Customer in question to continue his/her participation in the travel package. Uteguiden does then not bear any liability for additional expenses in connection with the early or changed travel home. The rejected Customer may not submit a claim for the portion of the travel package that has not been used.
The Customer may be liable to pay compensation for any losses or additional expenses incurred by Uteguiden in the event of a gross breach of the aforementioned regulations. The Customer is liable for damages and losses, etc. in accordance with the ordinary rules of the law of damages.
8. About non-performance or defective performance
8.1 Non-performance or defective performance prior to departure
The Customer may terminate the agreement before the start of the travel package if it is clear that there will be material non-performance or defective performance of the travel package.
The same applies if the contractual terms change and the change will represent a significant disadvantage for the Customer. A price increase of more than 8% shall always be deemed to be a significant disadvantage. In this event, the Customer shall notify Uteguiden of termination within a reasonable period of time. Unless there are special grounds so indicating, such notification shall be given within one week of notice of the change being received at the latest, or as soon as possible if notification is received shortly prior to departure. The Customer is then entitled to a full refund of all paid amounts and any compensation under the rules of Section 29 of the Package Travel Act.
Alternatively, the Customer is entitled to participate in a different travel package of a corresponding or higher quality if Uteguiden can offer such a package. If the proposed alternative travel services result in a travel package of lower quality than agreed upon, the Customer shall be given an appropriate price reduction.
8.2 Non-performance or defective performance after departure
There has been non-performance or deficient performance of the travel package with respect to the delivery of the travel services included in a travel package, and this is not due to the Customer or any circumstances on his part.
The Customer is obligated to submit a complaint about any non-performance or defective performance he discovers without undue delay.
Non-performance or defective performance after departure giving rise to a legitimate complaint grants the Customer the following rights:
a) Remedies:
The Customer may demand that Uteguiden remedy the non-performance or deficient performance if this can be carried out without unreasonable cost to or inconvenience for him. The remedy must be carried out within a reasonable deadline set by the Customer. If the non-performance or deficient performance is not remedied by the deadline, the Customer may remedy the non-performance or deficient performance himself and claim a refund for the necessary expenses.
If the Customer refuses a cure that would remedy the non-performance or deficient performance, or if he fails to submit a complaint to Uteguiden or Uteguiden’s representative where possible, so that a remedy may be made, he/she will lose his/her right to submit further claims.
b) Alternative travel services
The Customer may demand that Uteguiden offer an alternative travel service if a significant portion of the travel services cannot be delivered in accordance with the package travel agreement. If possible, Uteguiden shall offer an alternative travel service of comparable or higher quality at no additional cost. If the proposed alternative travel services result in a travel package of lower quality than agreed upon, the Customer shall be granted a suitable price reduction. The Customer may only reject the offer if it is not comparable to what follows from the package travel agreement, or if the price reduction is insufficient.
c) Price reduction:
If the non-performance or deficient performance is not remedied, the Customer is entitled to an appropriate price reduction for the duration of the non-performance or deficient performance of the travel package.
d) Termination:
If there is non-performance or deficient performance of the travel package that materially affects the completion of the travel package and Uteguiden has not remedied the non-performance or deficient performance or offered alternative services, the Customer may terminate the agreement and claim a refund for the value of the travel services that have not been delivered.
If the Customer terminates the agreement in accordance with this provision, he/she is entitled to transport free of charge to the point of departure or other destination where the travel package was supposed to end, if the travel package includes a transport component. The rules in Section 6.2, third paragraph apply in the same manner.
e) Compensation:
If there is non-performance or deficient performance of the travel package, and the Customer incurs losses due to this, the Customer may claim compensation from Uteguiden.
Uteguiden’s liability to pay compensation in accordance with the above does not apply if Uteguiden can demonstrate that the non-performance or deficient performance is due to inevitable and extraordinary circumstances. Moreover, the right to compensation does not apply if the non-performance or deficient performance is caused by a third party not related to the delivery of the travel services included in the agreement and the non-performance or deficient performance could not have been foreseen or avoided. When transport law restricts the scope of or conditions for compensation from a carrier, the same restrictions apply to Uteguiden.
8.3 Limitation of compensation
The abovementioned limitations of liability are capped in accordance with Norwegian law. To the degree Uteguiden’s liability to pay compensation has not already been limited by other transport law, we limit the compensation as described in this agreement, however not to less than three times the total price of this travel package. This restriction does not apply to personal injury or damage caused intentionally or negligently by Uteguiden.
8.4 Relationship to other transport law
The Customer’s right to a price reduction or compensation does not limit the Customer’s rights under other transport law. Price reductions and compensation under the Package Travel Act and compensation under other transport law shall be deducted from each other, so that the Customer does not receive too much compensation.
The Customer can address his/her claim for a price reduction or compensation to Uteguiden of the travel package. Any claims against carriers under other transport law must be addressed to the carrier.
Regardless of whether Uteguiden is liable to pay compensation in accordance with the above, the Customer is obligated to limit the losses as best he can. Compensation may not be claimed for loss or damage due to the Customer’s own negligence or circumstances.
8.5 Following circumstances are not normally regarded as non-performance or defective performance of the travel package in accordance with the provisions of Section 8:
a) Deviations from the expectations that the Customer has had and have not been created by Uteguiden, such as other building standards at the destination or other circumstances linked to the destination, provided the circumstances for which the Customer is complaining must be regarded as «ordinary» at the destination.
b) Abnormal weather or other natural conditions that Uteguiden did not and should not have knowledge of
c) Conditions the Customer must assume may arise from time to time, which are beyond the control of Uteguiden or do not deviate from what is regarded as having been assumed in the agreement. Change of accommodation due to overbooking shall not be regarded as a «foreseeable deviation».
d) Delays during transport or changed departure/arrival times, when the stay at the destination is not shortened by more than a maximum of 6 hours for travel with a duration of less than 5 days, or 8 hours for travel with a duration of 5 to 8 days, or a maximum of 12 hours for travel with a duration in excess of 8 days. The fact that the circumstance is not regarded as non-performance or deficient performance in accordance with this provision does not prevent the Customer from receiving the assistance and any compensation that the Customer is entitled to pursuant to the aforementioned EU Regulation.
e) Deviations from what has been agreed upon due to the Customer’s own circumstances.
9. Dispute resolution
This agreement is governed by and shall be construed in accordance with Norwegian law.
In the event of a complaint, the Customer shall be made aware of the complaint procedure and that if the Customer’s complaint/claim is not satisfied, or the parties cannot reach an agreement, the case may be brought before the Complaints Board for Package Travel (Package Travel Complaints Board) or other dispute resolution body, as well as any complaint fees in this connection.
The EU Complaints Portal can also be used if the Customer wishes to submit a complaint. This is particularly relevant if the complainant is a consumer residing in another EU/EEA country. Complaints can be submitted here http://ec.europa.eu/odr.
10. Entry into force
These General Terms and Conditions for Package Travel are valid from 01.01.23 and replace the corresponding terms and conditions from 01.01.23.