XO holidays

Copyright 2004 - Casper Tybjerg / Stein Johnsen / Asgeir Solli

TERMS AND CONDITIONS

1. General Terms and Conditions
2. The Tour Guarantee Fund
3. Scope of the agreement
4. Booking and payment
5. The price
6. The customers right to cancel the holiday
7. The organiser's right to cancel or alter the holiday without being liable for compensation
8. Compensation in the event of shortcomings after departure
9. Deadlines for complaints
10. Disputes
11. The customer's obligations
12. Travel insurance
13. Data and privacy protection

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Terms and Conditions - English (English)

Terms and Conditions - Norwegian (Norwegian)

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1. General Terms and Conditions

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The Terms and Conditions in this document cover package holidays regulated by the Package Tours Act of 25.08.95, and the Provision of the Package Tours Act of 19.04.96 published by the Ministry of Children and Family Affairs.

A package holiday is defined as a pre-arranged service, which covers a period of more than 24 hours or includes overnight accommodation, which is sold or offered for sale at an all-inclusive price, and which is a combination of at least two of the following components: transport, accommodation (which is not exclusively considered a part of a transport service), or other tourist services (which form a significant proportion of the package, but are not directly linked to transport or accommodation).

The agreement regulates the relationship between XO holidays (organiser) and the customer.

These Terms and Conditions were translated from Norwegian by ConvertoExpress Translations. The document is certified, and XO holidays do not take any responsibility for incorrect spelling or translation. The Terms and Conditions were last revised 30.09.2003.

2. The Tour Guarantee Fund

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XO holidays is a member of the Tour Guarantee Fund (Norwegian: Reisegarantifondet) under the company name Solli Diving. The Tour Guarantee Fund may be contacted on the following address:

Reisegarantifondet
P.O. Box 227 Sentrum
N-4001 Stavanger
Norway

Telephone: +47 51 84 47 27
Fax: +47 51 84 47 20
E-mail: firmapost@rgf.no
Web: www.rgf.no

3. Scope of the agreement

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The agreement comprises the package holiday as specified in the booking, confirmation, or similar travel documentation, and any additional services included in the package holiday according to agreement between the parties. The agreement also comprises any individual terms and conditions.

Information on our websites, in catalogues, brochures, travel documentation, and similar documents are part of the agreement unless they are considered insignificant to the customer’s purchase of the package holiday concerned.

XO holidays reserves the right to alter details/information prior to entering into the agreement. Details/information are consequently not considered part of the agreement if they have been altered in a clear manner before the agreement is entered into.

Travel to point of departure is only included in the package if this is advertised as a part of the package holiday, or this is expressly stated in the agreement.

Services the customer may take advantage of during the holiday, which are not specified as a part of the package holiday and included in the price, are not considered a part of the package holiday.

4. Booking and payment

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4-1 Entering into the agreement
When booking the holiday, the reservation will be held for 6 days. The agreement between XO holidays and the customer is considered binding when a deposit is paid.

4-2 Booking
Booking must be made in writing (by post, fax, e-mail or via our websites), and a confirmation that the Terms and Conditions of Travel have been read and understood must be included.

XO holidays will not consider the booking to be binding if the customer does not satisfy the minimum requirements set out for participation in the holiday concerned.

4-3 Deposit
Unless otherwise agreed or specified for the holiday concerned, the deposit must be paid within 6 working days after the booking has been made. If the deposit has not been credited to our bank account within 7 working days, XO holidays will not consider the booking to be binding.

Unless otherwise agreed or specified for the holiday concerned, the deposit required is 10% of total holiday cost, minimum NOK 1,500.

If the booking is made after the final date of payment for the holiday (final balance is due), the total cost of the holiday will be payable at the time of booking. In such events, XO holidays will not be bound by the booking until payment has been received.

4-4 Payment
Unless otherwise agreed or specified for the holiday concerned, the final balance (total cost of the holiday, less deposit received) is due 60 days prior to departure. If final payment has failed to reach our bank account 59 days prior to departure, we will consider this as breach of the agreement, and XO holidays will have the right to render the booking void.

5. The price

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5-1 Taxes, Fees and Charges
Unless otherwise specified, the quoted price for the holiday includes any taxes, fees, and charges that Norwegian and/or foreign authorities may add to the services the agreement comprises. This applies to airport taxes and port fees, embarkation/disembarkation fees, tourist taxes etc.

5-2 Additional Services
The quoted price does not include additional charges for the customer’s special requests or other services, unless agreed upon by XO holidays at the time of booking.

5-3 Cancellation Protection and Insurances
Cancellation Protection and Travel Insurance are not included in the price.

5-4 Travel to point of departure
Travel to point of departure is not included in the price, unless it is expressly stated to be a part of the package holiday.

5-5 Price Adjustment
XO holidays reserves the right to adjust the price of the holiday to reflect any fluctuations in transportation costs (including, but not limited to, fuel prices), taxes, fees or charges (including, but not limited to airport taxes, port fees, landing and take-off fees ) which may occur during the period from entering into the agreement to the departure date.

This also incorporates exchange rates fluctuations that affect the holiday, or other unforeseeable circumstances beyond the organiser’s control.

Notification of price increase must reach the customer no later than the 20th day prior to departure in order for the price increase to be valid. A price increase of more than 10% of the agreed purchase price will entitle the customer to cancel the agreement at no cost. This right will be lost if the customer fails to notify the organiser in writing that he/she wishes to exercise the right of cancellation no later than the 4th working day after the notification of price increase has been received.

6. The customers right to cancel the holiday

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6-1 Cancellation in general
Cancellation must be in writing (by post, fax, or e-mail). The cancellation date is the date on which XO holidays receives the cancellation.

If the cancellation deadline falls on a weekend or Bank Holiday, the cancellation must reach XO holidays no later than the last working day prior to the deadline.

6-2 Force Majeure
The customer has the right to cancel the package holiday, and get a refund of all monies paid, if the destination, or its close proximity, in the last 14 days prior to commencement of the package holiday, are subject to acts of war, natural disasters, dangerous contagious diseases or other circumstances of similar magnitude, and it is reasonable to expect that such circumstances will prevail when the package holiday is due to commence. The right to cancel also applies if events of Force Majeure occur en route, and these events constitute a real danger to the customer.

The right to cancel in accordance with this paragraph does not apply if the customer was aware of, or should have been aware of, the circumstances when the agreement for purchase of the holiday was entered into.

XO holidays acts in accordance with recommendations/information provided by the Ministry of Foreign Affairs. Information provided by the Ministry of Foreign Affairs or through TV, radio or other media is considered common knowledge. Info can be found on the following web site: http://odin.dep.no/ud/norsk/landinfo/

6-3 Cancellation charges
Unless otherwise agreed or specified for the holiday concerned, the customer may cancel the holiday up to 60 days prior to departure with forfeit of the deposit paid.

After this deadline, the following will apply:

• 59-40 days: 75% of the total holiday cost will be refunded
• 39-15 days: 50% of the total holiday cost will be refunded
• less than 15 days: no refund

6-4 Failure to arrive
If the customer fails to arrive at point of departure, no refund will be granted.

6-5 Cancellation due to sudden illness or accident
If Cancellation Protection/Insurance Cover is in place, the customer can withdraw from the agreement for a charge of NOK 500 if he/she can provide sufficient proof that the terms and conditions under this paragraph have been met.

With the Cancellation Protection, the right to cancel applies if the customer, spouse, registered partner, cohabitant, children, parents, parents-in-law, or siblings are struck by sudden and serious illness, accidental injury, or death. This also applies if such circumstances affect a travel companion, and it would be unreasonable to expect the customer to complete the holiday without this travel companion. Equivalent to sudden and serious illness are sudden and serious incidents that the customer or his/her travel companions, cf. the above, fall victim to, and due to this, it would be unreasonable to expect the customer to complete the holiday. Such incidents can be fire or water damage to property or similar.

The entitlement according to the above points is on condition that the customer were not aware, or should have been aware, of the circumstances resulting in the holiday being cancelled, or that he/she is not to blame for the circumstances.

The customer is obliged to notify XO holidays of cancellation as soon as possible after he/she is aware of the circumstances entitling him/her to exercise the right to cancel in accordance with this paragraph, and to provide documented poof of the illness from a doctor, or proof of the incident such as a police incident report or a statement from the insurance company.

6-6 Transfer of the holiday
The customer has the right to transfer the holiday to another person who meets the requirements to participate in the package holiday. This is on condition that XO holidays is notified in reasonable time prior to the commencement of the package holiday, and that we as organiser and/or our sub-suppliers are not bound by regulations preventing this transfer. This category of sub-suppliers includes, among others, scheduled flights.

In the event of a transfer, a charge of NOK 500 will apply. The customer must also cover any additional costs incurred by XO holidays and our sub-suppliers.

The organiser’s obligation to provide information in accordance with section 3 in "the Package Tour Act" will normally be considered to have been complied with when dealing with the new customer as long as the obligation to provide information has been complied with when dealing with the customer transferring the holiday. If further information is required, and it is reasonably practical, the organiser is still obliged to provide the new customer with the necessary information.

The customer transferring the package holiday, and the customer whom the package holiday is being transferred to, are jointly liable for payment of any outstanding amounts and additional costs incurred by the transfer.

6-7 Substantial shortcomings
The customer can cancel the agreement prior the holiday is due to commence if substantial shortcomings are evident in the package holiday. This will also apply if the Terms and Conditions of the agreement are amended, and these amendments are of considerable disadvantage to the customer. A price increase of more than 10% is considered a considerable disadvantage.

If the customer wishes to exercise the right to cancel the agreement, XO holidays shall be notified in writing (by post, fax, e-mail) as soon as possible. Unless special reasons exist, such notification is to be provided no more than 4 days after the customer became aware of the circumstances.

7. The organiser's right to cancel or alter the holiday without being liable for compensation

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7-1 Too few participants
The organiser can cancel the holiday up to 45 days prior to departure if the number of places required for each separate holiday to go ahead has not been sold.

Written confirmation (by post, fax, e-mail) must have reached the customer no later than this deadline.

7-2 Circumstances beyond XO holidays’ control
XO holidays can cancel the trip without being liable for compensation if the holiday cannot go ahead due to obstacles beyond our control, which cannot be expected to have been considered when the agreement was entered into, and which XO holidays has been unable to avoid or prevent the consequences of. These can be circumstances such as war or acts of war, natural disasters, dangerous contagious diseases or other circumstances equivalent to the already mentioned.

The right to cancel or alter the holiday also applies if sub-suppliers go bankrupt or due to other reasons are unable to fulfil their part of the agreed package holiday in a satisfactory manner.

If a holiday is cancelled prior to commencement because of obstacles beyond the organiser's control, all monies paid will be refunded.

8. Compensation in the event of shortcomings after departure

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8-1 Shortcomings in general
The package holiday is inadequate when it deviates from the Terms and Conditions of the agreement, and this deviation is not due to the customer or the customer’s circumstances. However, deviations from agreed Terms and Conditions are not considered as shortcomings if they are of minor significance and are of a kind that the customer must expect to occur from time to time. This also applies to changes in natural circumstances that XO holidays neither was or should have been aware of, or have had control over.

8-2 Redress
If the package holiday is inadequate, the customer can demand for the situation to be redressed when this is possible without unreasonable cost or disadvantage to the organiser. If the organiser offers to redress the shortcoming, the customer cannot demand a reduction in price or cancel the agreement if the redress is carried out within reasonable time and without considerable disadvantage to the customer.

If the shortcoming is not redressed, the customer is entitled to a proportionate reduction in price. If the customer has redressed the shortcoming, the reduction in price will be based on the cost of the redress unless this is unreasonable.

8-3 Cancellation
If the package holiday has substantial shortcomings, and the purpose of the package holiday for that reason is unsuccessful, the customer is entitled to cancel the agreement and reclaim the monies paid according to the agreement.

If the customer cancels the agreement in accordance with the first part of the paragraph, the customer has, if carriage is included in the package holiday, the right to free transport to the point of departure or to another location agreed between the parties.

8-4 Compensation in the event of shortcomings
If the package holiday is inadequate and this results in loss to the customer, the customer can claim compensation. However, this does not apply if XO holidays is able to prove that the shortcoming is due to circumstances as mentioned in section 7-2. In the event that XO holidays is not liable for compensation according to this paragraph, the customer is still to receive the required support as soon as possible.

Even if the customer has not suffered loss, he/she can be granted compensation if the shortcoming has been of considerable disadvantage to the customer.

If shortcomings in the package holiday have caused the customer to suffer loss subject to compensation regulations in transport legislation, these regulations will apply instead of the compensation regulations in this act. However, XO holidays will always be liable to the customer for loss as mentioned in the first part of the paragraph.

9. Deadlines for complaints

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The customer is obliged to notify XO holidays within reasonable time if he/she discovers a shortcoming that will entitle him/her to exercise rights in accordance with section 8-2 to 8-5. If the shortcoming is discovered after commencement of the package holiday, the customer is obliged to complain on the site if this is possible. In any case, the complaint must be submitted to XO holidays no more than 4 weeks after the holiday has ended unless special reasons renders it reasonable to extend the complaint deadline.

If the customer does not notify XO holidays of the shortcoming within reasonable time, he/she cannot invoke the right to complain

10. Disputes

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If a complaint/notice of default submitted to XO holidays is not complied with, or if the parties do not reach an agreement, the case may be brought before the Package Tour Complaints Committee (Norwegian: Reklamasjonsnemnda for Pakkereiser). Any lawsuit filed against XO holidays is governed by Norwegian law.

11. The customer's obligations

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The customer is obliged to provide XO holidays with all relevant information that he/she understands or should understand to be of significant relevance in order to complete the package holiday. The customer is also obliged to read and understand these Terms and Conditions and any other terms and conditions XO holidays has included in their websites, catalogues, brochures, travel documentation or similar, and to act in accordance with the complaints procedures outlined in these terms and conditions.

The customer is obliged to confirm that he/she is medically fit, in good health and is able to participate in all activities in the proposed itinerary. Any customer with a pre-existing medical condition or illness must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment which may be required during the package holiday. Such a customer would be required to provide a medical statement from a GP to confirm that they are fit to join the trip. XO holidays and its representatives will treat any information in the strictest confidence.

It is the customer’s duty to bring a valid passport, any visas/health certificates, tickets, and other documents required for the holiday. The customer is responsible for obtaining the required documentation for each particular holiday, and is obliged to take out any insurance he/she feels are necessary. XO holidays reserves the right to refuse a person to participate if he/she does not bring the required documentation.

The customer is also obliged to comply with XO holidays’ own regulations as they are presented prior to entering into the agreement, any rules and regulations set out by hotels and sub-suppliers, and to comply with conditions of carriage and the local authority’s regulations. The customer is also obliged to comply with the organiser’s instructions on meeting time, meeting point etc. during the holiday, as well as any restrictions the carrier or person in charge of transportation may impose in connection with unforeseen incidents during the holiday.

The holiday participant shall not behave in a manner that is of nuisance to the other participants, jeopardises safety, or creates practical problems for the organiser. The organiser reserves the right to refuse a person when the holiday is due to commence if it is evident by the person’s conduct or condition that he/she does not meet the requirements in this paragraph.

Serious breach of these regulations after the conduct has been reproved, entitles the organiser the right to refuse the person further participation in the holiday. In this case, XO holidays is not liable for additional costs incurred in connection with early/amended return. The refused participant cannot claim compensation for the part of the holiday he/she has not been able to use.

The customer can be made liable for compensation of loss or additional costs inflicted on XO holidays in the event of serious breach of above mentioned regulations.

The person booking a package holiday on behalf of other people is obliged to ascertain that the person(s) who will participate in the package holiday is capable of complying with the rules and regulations set forth by the organiser, and that the package holiday concerned is of a kind that the participant(s) are able to take part in without being a burden to the others

12. Travel insurance

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The customer has an obligation to take out necessary travel insurance covering illness, transportation home, scuba diving, treatment of decompression illness (including airlifts), and other activities that may be included in the package holiday. Insurance Certificate must be presented prior to departure.

13. Data and privacy protection

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13-1 Sale/hand-over of information to a third party.
XO holidays will under no circumstances sell or hand over its customer’s personal data or information to a third party without the customer’s explicit consent. This excludes handing over necessary information to sub-suppliers, authorities or other parties involved in the completion of the package holiday.

13-2 Internal use
Unless the customer has explicitly requested otherwise, XO holidays reserves the right to send information to registered customers via post, fax or e-mail, as well as contact the customers via telephone.

13-3 Use of photos and films
Unless otherwise specifically agreed, photos and films shot by XO holidays or our collaborators may be used for various information and advertising purposes. This includes our websites.

13-4 Information on our websites
Our websites will include information on our projects before, during, and after the holiday. Individuals featured might be referred to by first name.

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