General Terms and Conditions
1. Your contract
1.1. Introduction
Your booking agreement is made between you (hereinafter referred to as “guest”, “traveler” or “you”) and Hurtigruten Svalbard AS (hereinafter referred to as “Hurtigruten Svalbard”, “organizer” “us”, or “we”), a company registered in Norway with company registration number 951 291 579 and business address at Polarsenteret, 9170 Longyearbyen, Norway.
Your booking is subject to these booking conditions (“Terms and Conditions”). The Terms and Conditions, Hurtigruten’s privacy policy (as may be amended from time to time), the information contained in Hurtigruten Svalbard’s official brochures and web page, and/or any other written information that Hurtigruten Svalbard brought to your attention form the basis of your contract with us. The Cancellation Act does not apply to your booking.
When booking with us, you (on behalf of yourself and all members of your travel party) accept the Terms and Conditions. Furthermore, you consent to our use of your personal data in accordance with our privacy policy and Clause 12, and that you are authorized on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions, disabilities and dietary requirements). We will send all documents and other information to you and you are responsible for ensuring that all members of the travel party are kept fully informed. You accept the responsibility for payment to us for both yourself and the other guests included in your booking.
We may require that you state the full name and contact details (including phone number and e-mail address) of all members in your travel party upon booking. If you do not provide this information, we may cancel the booking without any liability.
We are unable to accept provisional bookings. Conditional bookings and/or specific request(s) made by you will only be accepted upon explicit written approval by us.
We may transfer and/or assign our rights and obligations under these Terms and Conditions to another company directly or indirectly controlled by our ultimate parent company, Hurtigruten Group AS (business registration number 914 148 324). You will be informed of any such assignment and/or transfer by written notice within a reasonable time in advance.
1.2. Bookings made via travel agents
If you have made your booking via a travel agent, all communication must be through that agent.
Any information provided by travel agents and other service providers that change the content of the travel contract between you and us, or otherwise contradict the travel information provided by us, do not form part of your travel contract between us and you. Information regarding the travel services provided by travel agents or other third parties may from time to time be incorrect. Hurtigruten Svalbard is only bound by information, brochures and advertisement provided by us.
2. Booking and changes to a booking
Bookings can be made online, by phone or e-mail. Bookings made by phone or e-mail are subject to a service fee. When you book with Hurtigruten Svalbard, the agreement between us will exist as soon as we have confirmed your booking in writing to you. We then become responsible for providing the booked travel services and you become responsible for the payment, in each case subject to these Terms and Conditions.
You must check the booking confirmation for any errors as soon as possible. All names in the documentation must be correct as per the passports of all members of your booking. If a booking is changed after the confirmation has been sent, an alteration fee of NOK 350 will be charged to you. Flight tickets cannot be changed after they have been issued.
You are responsible for bringing necessary travel documents and passports. As Svalbard is outside Schengen, all guests are subject to passport control. Norwegian citizens should also bring their passport.
3. Payment
Payment of expedition and excursion bookings:
We issue one invoice with two payment installments. The first payment (50%) is due 14 days after your booking. The second payment (50%) is due 8 weeks prior to arrival. You can also choose to pay the invoice in full when the first payment is due. For bookings made less than 8 weeks prior to arrival, the full payment is due immediately.
Payment of flights, room/accommodation and day trips:
We issue one invoice with two payment installments. The first payment (50%) is due 14 days after booking. The second payment (50%) is due 4 weeks prior to arrival. You can also choose to pay the invoice in full when the first payment is due. For bookings made less than 4 weeks prior to arrival, the full payment is due immediately.
For all individual invoicing of group members, an invoicing fee of NOK 350 per invoice is charged.
4. Cancellation by customer
Cancellation must be sent in writing (by post or email). Once we receive the cancellation, we will refund the paid part of the tours price minus the below listed cancellation fee.
Cancellation charges for packages with flights and accommodation:
Cancellation after payment of deposit: No refund
Flight tickets cannot be changed after they have been issued and must be paid in full.
Cancellation charges for hotel-accommodation, day trips and activities:
For cancellation of individual bookings where the rate specifically states non-refundable, no changes or refunds will be possible.
For other bookings, the following cancellation fees apply:
22 days or more before: full refund
21-8 days before: 50% cancellation fee
7-0 days before or no-show: no refund
Cancellation charges for expedition bookings:
For individual bookings; 1 – 9 participants in one booking:
56 days or more before departure: 10 % (charge equivalent to paid deposit)
55 – 42 days before departure: 30% charge
41 – 28 days before departure: 60% charge
27 – 14 days before departure: 90% charge
Less than 14 days before departure: 100% charge
To process the refund, we 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 Norway.
5. Changes to pricing
Hurtigruten Svalbard expressly reserves the right to increase the prices. The price can be adjusted (i) if the price of passenger transport is increased as a result of an increase in the price of fuel or other power sources or (ii) the level of taxes or public charges on the travel services are increased. The price adjustment will be calculated based on the increase level. The prices can be adjusted up to 20 days before departure. If this price change is more than 8% of the original price the customer will be given the right to cancel their tour and receive a full refund.
6. Cancellation / Changes to program
Hurtigruten Svalbard reserves the right to cancel any travel service due to a force majeure event or other unavoidable and extraordinary circumstances outside of our control. We may also make alterations in the travel services, for example due to local weather conditions, temperature conditions, ice conditions, risk of avalanche, polar bear sight, pandemics, illness and mechanical or equipment difficulties. We reserve the right to adjust a tour program with the safety and comfort of participants in mind. Changes may also be made to assist other ships, groups or stranded persons. Reciprocal assistance is common practice in Polar Regions and must be seen as a part of the experience, as long as the main content of the tour is not substantially reduced due to the incident.
We also reserve the right to cancel travel services where the minimum number of participants for the travel service has not been reached.
The payment made for the cancelled travel service will be refunded. You are not entitled to any further compensation (for example, we will not cover costs for flight tickets or other travel services booked via other agents or organizers).
7. Liability
Where transport or accommodation law limits the scope of or conditions for compensation from a transport or accommodation service provider, the same limitations apply to Hurtigruten Svalbard, or the owner of Hurtigruten Svalbard, any parent company or group companies, affiliates and our staff. Similarly, the liability is set at the maximum amount that the transport or accommodation service provider in question would have had a duty to pay in accordance with any international conventions, EU/EEA regulations or other national or international regulations, such as the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation.
If we cancel any of the travel services due to force majeure or any other unavoidable and extraordinary circumstances outside of our control we shall not be liable to pay compensation. Nor does the right to compensation apply if the lack of conformity is due to any third party who is not connected with the performance of the travel services included in the travel package, and the lack of conformity could not have been foreseen or avoided.
For some of the expeditions and excursions you may be asked to sign a liability waiver. Hurtigruten Svalbard shall not be liable for any additional costs you may incur as a result of your refusal to sign such a waiver.
To the extent not otherwise prescribed in these Terms and Conditions, the parties’ liability for inflicting damages and/or losses to one another or to any third party shall be regulated in accordance with applicable Norwegian legislation.
8. Safety, environment and risk
You and your travel party are responsible for assessing whether you are physically and mentally fit to take part in the booked travel services. Some of our excursions are physically demanding. If you are in doubt as to whether a particular excursion is suitable for you, please contact the sales team in Hurtigruten Svalbard to learn more about the excursions before booking. We cannot provide medical advice as to the advisability or safety of you participating in an excursion. You must therefore assess and decide yourself if you are fit to join the excursion.
Safety is important when travelling on Svalbard. Further, the local regulations on Svalbard have strict regulations on preservation of cultural monuments and the environment. It is therefore important that the travelers follow the instructions given by Hurtigruten Svalbard and the guides. Hurtigruten Svalbard reserves the right to refuse a traveler to participate in a tour when, in our reasonable opinion, the guest represents a threat to the safety of either themselves, other participants or the environment, acts disruptive, upsetting, or if you or any member of your party have caused or are likely to cause damage to property. We may also set certain health restrictions or requirements, for example vaccine requirements, testing requirements or requirements to use PPE.
Even though we operate with safety standards, some or our travel services involve travelling to remote areas and may impose higher risk compared to more mainstream travelling. By making a booking with us for an expedition you and all members of your travel party acknowledge and recognize that the nature of the expedition is such that it comes with additional risks. Such additional risks may include (i) a greater likelihood of extreme weather conditions or other unpredictable forces of nature, (ii) a greater likelihood that you will be required to exert yourself physically or psychologically and (iii) an increased possibility of injury to yourself or your property.
Part of the excitement and enjoyment provided result from, at least in part, the increased risks inherent in an expedition. The pricing is also based on your acknowledgement and recognition of these inherent increased risks.
9. Disabilities
While we strive to make the excursions and travel services available to all guests, inherent limitations may exist that are beyond our control that limit the ability of the guests with disabilities to participate. If you have a disability and have questions, please contact the sales team in Hurtigruten Svalbard to discuss what excursions may be suitable.
10. Complaint Procedure
If you have a cause for complaint during your stay, you must, without undue delay, report it to us so that we may remedy and resolve the issue. In the unlikely event that an issue cannot be resolved at the time and you wish to complain, please contact Hurtigruten Svalbard in writing within 28 days of your return.
If the procedure is not adhered to, we may have been deprived of the opportunity to investigate any issues and rectify your complaint. This may affect your rights under this contract. The right to a price reduction or claim damages may be reduced or lost.
If we reject a complaint concerning a travel package and you disagree with our decision you may file the complaint with the Norwegian Travel Complaint Handling Body (Nw: Pakkereisenemnda). For more information, please refer to the website https://reiselivsforum.no/web/klageinformasjon/pakkereise/. Decisions made by the Norwegian Travel Complaint Handling Body can be brought before the Norwegian courts.
The EU Online Dispute Resolution (ODR) platform can also be used by the traveler. This is particularly relevant if the complainant is a consumer residing in another EU/EEA country. The complaint should be submitted here http://ec.europa.eu/odr.
11. Prompt assistance
Hurtigruten Svalbard shall provide appropriate and reasonable assistance to travelers in difficulties without undue delay. The assistance shall consist of providing you with appropriate information on health services, local authorities and consular assistance, and finding alternative travel arrangements. We may charge a reasonable fee for incurred costs for such assistance if and to the extent the difficulties are due to the intentional or negligent actions of the traveler.
12. Data protection
To process your booking we will use the information you provide such as name, address, special needs, dietary requirements and disabilities. We may share and disclose guests’ personal data to our affiliates and relevant suppliers of your travel arrangements such as airlines, vessels, hotels and transport companies for the purpose of providing you with the travel arrangements. The processing of personal data by such third parties will be subject to the terms and privacy policies of the third parties. The information may also be provided to security or credit checking companies and public authorities such as custom, immigration and health authorities if required by them, or as required by law. We may also share the personal data with medical personnel and agents, for example if you contract an illness or suffer an injury and need medical assistance or evacuation during the trip.
Where parts of your trip take place outside the European Economic Area (EEA) or to a jurisdiction not subject to an EU adequacy decision, the recipient of your personal data may be located in a destination that may not have the same level of protection of personal data as the legal requirements in Norway. The transfer of your personal data to such third country is made according to applicable data protection laws.
If you do not agree to our use of your personal data, we cannot accept your booking. The personal data we collect is necessary to deliver a safe service to you.
Please see our privacy policy for full details on how we process your personal data.
13. Insurance
Guests must have appropriate travel insurance. The insurance must be valid during the whole period of your booking and must at least cover costs for cancellation of the booking, emergency medical treatment of illness or injury, evacuation and repatriation. You shall be able to provide a certificate/proof of such insurance evidencing that the above listed elements are covered, including the name of your insurer and their 24-hour emergency number, upon request. Hurtigruten Svalbard shall under no circumstances bear any responsibility or liability for costs, and/or losses and/or expenses incurred due to any insufficiencies in your travel insurance or your failure to procure appropriate travel insurance coverage.
Furthermore, you shall procure and maintain any other insurance that Hurtigruten Svalbard from time to time deems necessary and specifically asks you to procure at least seven days prior to the commencement of your booking.
Cost of damage to the snowmobile and/or other property of Hurtigruten will be charged the driver if the driver has been negligent, in accordance with Norwegian tort law.
14. Printing errors
We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
15. Jurisdiction and legal venue
The General Terms and any disputes or matters of whatsoever nature between you and Hurtigruten Svalbard hall be governed by Norwegian law. You accept Tromsø Tingrett (Tromsø District Court) as the legal venue.
Additional terms for travel packages
If you have booked a travel package (as defined by the Norwegian Package Travel Act and EU Package Travel Regulations), the below additional terms apply.
“General terms and conditions for package travel" prepared by the Norwegian Consumer Authoroty does not apply.
1. Your financial protection for travel packages
Hurtigruten Svalbard is a member of the Norwegian Travel Guarantee Fund, Reisegarantifondet, which provides statutory coverage to passengers who have booked a travel package. The Norwegian Travel Guarantee Fund provides financial protection for passengers who have booked a travel package in accordance with the EU Package Travel Directive and Directive and the Norwegian Package Travel Act.
The Norwegian Travel Guarantee Fund may be contacted via e-mail (firmapost@rgf.no), phone (+ 47 51 85 99 40) and mail (Reisegarantifondet P. O. Box 1807 Vika, N-0123 Oslo Norway).
Hurtigruten Svalbard reserves the right to substitute and offer financial protection other than the Norwegian Travel Guarantee Fund to passengers who have booked a travel package. Such financial protection shall always offer a protection that comply with the Directive. After you have entered into a valid travel package contract with us, any such substitution must offer you a protection that are not significantly less than what follows from the Norwegian Travel Guarantee Fund scheme.
If you have booked a voyage that does not constitute a travel package under section 2 of the Package Travel Act and the Directive Article 2 nr. 2 (a), you are not covered by the protection offered in this section.
2. Information of key rights for travel packages
The Norwegian Package Travel Act can be found here.
3. Limitation of liability
If you have bought a travel package from us, we limit our liability of any compensation payable to maximum three times the total price of the travel package. The limitation does not apply to personal injury or damage caused by intent or negligence.