Travel package terms and conditions General Terms and Conditions for Travel Packages
When your order a ticket from Fjord Line, you accept our general terms and conditions.
These conditions apply to travel packages. If a trip does not include hotel accommodations (except on ships), the Travel Terms and Conditions for Passenger Services apply.
COVID-19 situation has demanded adjustments in our terms and conditions. Extraordinary notes has been written, see note 18.
The following General Terms and Conditions for Travel Packages have been prepared by Virke and the Norwegian Consumer Ombudsman.
These terms and conditions will apply to travel packages as defined in Section 6 of the Act relating to travel packages of June 15, 2018.
These terms and conditions have been formulated in accordance with the Act relating to Travel Packages (the “Travel Package Act”) and the regulations issued by the Ministry of Children and Family Affairs (the “Regulations”) and supplement the provisions of the Act and Regulations.
These terms and conditions regulate the relationship between the travel organiser and the consumer.
Italicized travel terms and conditions are unique to Fjord Line and supplements the “General Terms and Conditions for Travel Packages”.
Version 1.0 – 25.05.2020
1.Conclusion of the agreement and payment terms
The agreement between the parties is considered concluded upon a confirmed booking.
The organiser may require payment of a deposit at the time of booking or prior to a contractual due date. The deposit must be paid in the manner agreed upon and by the deadline set.
If the agreed amount has not been deposited into the organiser’s account two days after the due date, the organiser may terminate the agreement unless the customer can prove that payment has been made by the due date.
The balance cannot be due earlier than 35 days before departure. If the organiser has payment obligations to subcontractors due earlier than 35 days prior to departure, the remaining amount may be due earlier. The organiser must be able to prove such obligations. Clear and explicit information on when the remaining amount is due must be provided prior to booking.
If such information is not provided in a clear and explicit manner when booking, the customer is not obligated to meet the organiser’s alternative payment deadline. Payment should then not be due earlier than 35 days prior.
The deposit must be paid when booking. The balance is due 35 days before departure.
2.What is covered by the agreement
The agreement covers travel packages as stated in the booking, confirmation, and travel document (or similar document), as well as any additional services included in the travel package according to the contract between the parties. Moreover, the agreement may also include the organiser’s unique terms and conditions.
Any information the organiser has provided online, in catalogues, in brochures, etc. are part of the agreement unless they are assumed to be of no significance to the customer’s purchase of the travel package in question. Any information that was clearly changed prior to the conclusion of the agreement is not considered part of the agreement. In the presented information, the organiser will highlight the possibility that the information may be changed before an agreement is concluded.
The price quoted for the travel package will include all charges, fees, and/or taxes that the Norwegian and/or foreign authorities will impose on the services included in the agreement. It must be disclosed if a tourist tax, etc. is to be paid directly at the destination.
Furthermore, the price will include any supplements for the customer’s special wishes in connection with the booking or other services the organiser has consented to include in the travel package.
Supplements or discounts related to the trip or any such optional extras or specifications shall be clearly disclosed in the organiser’s price list/specifications.
The price for any cancellation insurance and/or travel insurance is extraneous to the travel package price and is not covered by the provisions of this section. The same applies to any connecting travel or on-land arrangements that are not part of the travel package.
The organiser may, in their unique terms and conditions, state that the agreed travel package price may be increased or decreased due to changes in public taxes/fees, transport prices, and/or relevant currencies. The customer must be given the reason for and a calculation of a price increase. The organiser must in this case also give the customer an equivalent right to demand a price reduction in the terms and conditions if the circumstances under which the organiser reserves the right to increase the price change in the customer’s favor, cf. Section 19 of the Travel Packages Act, cf. Section 20.
The customer must be notified of the price increase no later than 20 days before departure in order for the price increase to be valid. In turn, the customer cannot claim a favorable price adjustment due to circumstances that occur later than 20 days before departure.
A price increase of more than 8% of the agreed purchase price gives the customer the right to withdraw from the contract free of charge.
In the notification of price increase in accordance with the above, the organiser shall set a reasonable time limit for the customer’s right to cancel the purchase free of charge. The deadline cannot be set for less than three working days.
Fjord Line reserves the right to change prices after the trip is booked Price changes may occur if there are changes in transport costs (e.g. fuel prices, taxes, charges, fees related to the use of airports, roads, or ports, or exchange rates) in the time between the conclusion of the contract and the departure. The traveller has the same right to demand a price reduction if changes in the same parameter result in a lower price, cf. Section 19 of the Travel Packages Act, cf. Section 20.
The organiser can set a reasonable deposit for the traveller to pay. Only bookings made by phone can have deposit payments.
Where the organiser can prove a booking has special financial obligations before departure (e.g. travel packages that have scheduled flights with associated payment obligations for the organiser, hotels with non-refundable prepayment requirements or special arrangements ashore (such as excursions, courses, etc.), which are part of the package, but where the organiser is not entitled to a refund when cancelling the item, the deposit can be increased with this documented amount.
When booking travel packages, including holiday homes, a 10% deposit is payable if it is more than 35 days before departure. The remaining balance will be due 35 days prior to departure. If booking less than 35 days before departure, the trip must be paid in full.
The deposit may be higher than 10% for hotel holidays or other services where the supplier requires prepayment.
4.Special conditions related to the contract
4.1Cancellation and travel insurance
The organiser or distributor will inform the customer of their right to take out cancellation insurance from an insurance company, together with the travel package itself, which guarantees the customer the right to recover from the contract in the event of the sudden and serious illness of the customer, an immediate family member, a or fellow traveller, or other unexpected and serious incidents, see details of this in section 5.3.
The organiser will further inform the customer of their right to take out travel insurance with the distributor or organiser, possibly with an insurance company, i.e. insurance for loss/damage to travel luggage, etc. and for coverage of medical expenses and any repatriation in case of accident/illness. The customer will be informed of the need to bring a European Health Insurance Card if such travel insurance is not taken out.
If the purchase contract is concluded shortly before departure, the information according to the previous paragraph shall be provided to the extent feasible.
If the cancellation right is an integral part of the organiser’s standard conditions, the customer must be made aware of this.
In case illness should occur, Fjord Line recommends all passengers take out a voluntary cancellation insurance policy of NOK 150 ( approx. DKK 150 / EUR 20) per passenger. Cancellation insurance must be selected together with the trip.
It is highly recommended to have valid travel insurance. If there is no travel insurance, it is necessary to bring a European Health Insurance Card on trips outside Norway.
Before concluding the contract, the organiser/distributor shall provide the customer with general information about the passport and visa requirements applicable to the planned destination(s) for citizens of EU/EEA countries. To the extent possible, the approximate time it would take to obtain a visa should also be stated.
Anyone who places an order for others must provide accurate and complete information about their fellow travellers. This message must be included on the order confirmation in a clear and eye-catching way. If specific information on the entry rules for the selected trip is provided for practical reasons initially at the time of the travel confirmation or later, the customer may cancel the contract and claim the deposit be refunded in full if the relevant requirements significantly impact the possibility of completing the trip.
Travellers with foreign passports from countries outside the EU/EEA area will be given instructions on how to obtain any necessary information if the organiser/distributor is not able to.
The traveller must provide correct information in accordance with the requirements set out by the national authorities as a condition for entry.
If the authorities of a country of entry present new requirements for personal information on entry or other form requirements after the travel documents have been issued, the tour organiser/distributor shall notify the customer to the extent possible.
As of 2015, authorities require 100% ID verification when entering Norway. The following requirements apply:
Any Nordic citizen and passenger over the age of 18 must bring a valid photo ID (passport, driving licence, bank card). Children travelling with adults do not have to bring ID.
Schengen Area citizens:
Passengers from the Schengen Area must bring a national identification card or passport. The same rule applies to children under the age of 18.
Non-Schengen Area citizens:
Passengers from countries outside the Schengen Area or Scandinavia must have a passport and possibly a visa for travelling to Norway. The same rule applies to children under the age of 18.
Each traveller is responsible for carrying the necessary travel documents, including but not limited to identification documents and/or entry permits. Failure to produce travel documents will be considered that same as a no-show and these tickets will not be refunded.
Vehicle must have country letters. International insurance certificates should be provided for both vehicles and passengers.
Before concluding the contract, the customer must be informed of any health concerns related to the trip and stay.
The tour organiser must state which airlines will carry out the different legs of the journey. If the airline has been changed after the trip was purchased, the customer will be notified as soon as practicable and at the latest at check-in/boarding. For travel packages with scheduled air services, the organiser shall notify the change of scheduled airline where possible.
The contract confirms that the organiser has provided a statutory guarantee to the Travel Guarantee Fund or similar scheme, as well as provided information on how the fund can be contacted.
Fjord Line charges a ticket fee per order if you want the booking confirmation and ticket sent by mail. The fee is currently NOK 75,- (ca DKK 51,-/6,- EUR) per order.
When you book your trip by phone or at a travel agency, you pay a service fee of NOK 125,- (ca DKK 85,-/11,- EUR) per order. The service fee is non-refundable in the event of cancellation. There is no service fee when booking at www.fjordline.com
5.Customer’s right to cancel or transfer the trip
5.1Cancellation in special circumstances
The customer has the right to cancel their travel package, and to have the amount paid refunded if, at the destination or in the immediate vicinity thereof, prior to the start of the trip, inevitable or special circumstances occurred, such as acts of war, natural disasters, hazardous infectious diseases, or other similar events, which will affect the completion of the travel package or the transport of the customer to the destination.
The right to cancel will also apply if the events arise 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 be addressed to the contracted service provider if the organiser has already transferred payment to them for such services.
The right to cancel according to this section does not apply if the customer knew, or should have known, of the circumstances when entering into the agreement to purchase the travel package.
The customer is has the right to cancel the travel package with the payment of a reasonable administration fee up until 42 days prior to departure. The cancellation fee for Fjord Line is NOK 800,- (ca DKK 546,-/73,- EUR) per room/cabin.
If the customer cancels after this deadline, the following rules will apply:
Cancellation between the cancellation deadline with a fee (as a rule, 42 days prior to departure) and up to 15 days prior to departure: The amount paid less the amount of the deposit and less the amount of the cancellation insurance will be refunded.
Cancellation between 15 days and the date of departure or failure to appear at departure: No refunds beyond the government fees that are not incurred.
Airlines may in some cases charge a fee for such a refund. In addition, if the organiser claims back the taxes and fees on behalf of the customer, a reasonable fee may be charged for this. In any case, the total fees will not exceed the name change fee for the ticket.
When the special and provable nature of the trip makes it reasonable, for example when the organiser’s right to a refund from subcontractors is limited, the organiser may set terms different from the above refund policy. Some hotels require payment, with no refund. This will prevent the customer from recouping these costs in the event of a cancellation by the customer.
In any case, the customer’s cancellation right cannot be restricted to a greater extent than the organiser’s rights in relation to subcontractors.
Any unique refund rules must be easy to understand and must be stated in a clear and explicit manner before booking. If such information is not provided in a clear and explicit manner at booking and the organiser cannot substantiate that such information has been provided prior to booking, the customer is not obligated to follow organiser’s alternative regulations. Cancellation will then be in accordance with the above refund policy.
If the customer’s booking involves a group, and the agreed total price is based on discounts or reductions based on the number of participants, the basis for such discounts or reductions may lapse if anyone in the group cancels. In the event of partial cancellation, the organiser will refund the proportionate share of the agreed/paid price to those cancelling, and increase the trip price for the remaining travellers due to the loss of discounts based on the size of the group.
5.3In the event of sudden and severe illness or accident – voluntary cancellation insurance.
If the customer has taken out cancellation insurance, or if similar rules have been made part of the organiser’s standard terms and conditions, the customer has the right to demand release from the agreement if proof can be provided that the conditions for such cancellation have been met. The customer must notify the organiser of the cancellation as soon as possible after becoming aware of the circumstances enabling cancellation in accordance with this section.
The cancellation insurance will, in the least, give the customer the right to cancel if they, a spouse, registered partner, cohabitant, child, parent, in-law, or sibling, is affected by a sudden and severe illness, accidental injury, or death. The same applies if such circumstances affect anyone the customer is travelling with, and it would be unreasonable to demand the customer complete the travel package without the such person. Sudden or severe incidents affecting the customer or travel companions thereof are equal to the sudden or severe illnesses stated above, and result in it being unreasonable to demand the customer complete the travel package. Such incidents may include fire or water damage to property, etc.
The rights in accordance with the preceding paragraphs assume that the traveller did not know and should not have known of the circumstances rendering the travel package unusable, and that the traveller is not responsible for such circumstances.
The customer must notify the organiser/distributor of a cancellation as soon as possible after learning of the circumstances justifying the cancellation in accordance with this section, and provide adequate documentation of the illness from a physician, or of the impeding circumstance, for example by a certificate from the police or an insurance company.
Any documentation related to the cause of the cancellation must be submitted no later than one month after the trip was cancelled. If the trip is cancelled in accordance with this provision, the traveller is entitled to a refund of the amount paid, less the cancellation insurance and an administration fee of NOK 150,- (ca DKK 102,-/ 13,- EUR) per person. If there are several people on the same booking, the refund will be given to the main traveller.
If the customer has purchased the organiser’s cancellation insurance, the organiser shall, in the event of cancellation and in accordance with the aforementioned provisions, refund the amount paid (less the price of the cancellation insurance) 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 a prerequisite that such a fee be stated in the organiser’s unique terms and conditions or in the insurance document.
If the booking includes multiple travellers, and the total price reflects a discount or reduction based on the total number of travellers, a cancellation by one or more of the travellers may mean the conditions of the agreed price are no longer met. This will be covered by the cancellation insurance and not increase the price for the remaining travellers.
The organiser has the right to transfer the travellers to different accommodation more 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 neither reducing the content of the booked travel package nor causing the information provided on the travel package or agreed additional services to no longer be fulfilled.
5.4Transfer of travel packages
The customer has the right to transfer their travel package to another person who meets the conditions for participating in the travel package. The prerequisite here is that the organiser/distributor is notified well in advance of the start of the travel package, and that the organiser and/or subcontractors used are not bound by rules prohibiting such transfers. Scheduled flights are an example of such subcontractors. When a scheduled airline accepts a name change, the company’s terms and conditions for this will apply in addition to the those in the General Terms and Conditions for Travel Packages.
In the event of a transfer, the organiser may charge a reasonable name change fee. The original customer and the new traveller are jointly liable for both the fee and any remaining amount for the trip. The name change fee for Fjord Line is NOK 200,- (ca DKK 136,-/18,- EUR) per room.
The organiser’s duty of disclosure, in accordance with the Travel Packages Act and these terms and conditions, is normally considered fulfilled in relation to the new customer to the extent the duty of disclosure was fulfilled in relation to the person transferring the journey. If more information is needed, and it is possible through practical means, the organiser must provide the required information to whomever the trip has been transferred. The organiser is not liable if the person to whom the trip was transferred does not meet the requirements of the country of entry.
5.5Changing the reservation
The traveller can change the travel date, destination, hotel, etc. for a reasonable administration fee, provided the organiser is able to fulfil the new wishes. If the organiser’s costs exceed the size of the fee, the change may be regarded as a cancellation. The organiser must then inform the customer that the rules for cancellation fees in Section 5.2. will apply.
6.Organiser’s right to cancel or change the trip without any liability to compensate
6.1Too few participants registered
The organiser can cancel the individual trip if the number of spaces meeting the occupancy rate set as a condition for completing the trip in the unique terms and conditions have not been sold. The deadline must not be set shorter than:
- 20 days prior to departure for trips lasting longer than 6 days.
- 7 days prior to departure for trips lasting between 2 and 6 days.
- 48 hours prior to departure for trips lasting less than 2 days.
The customer must receive written notice of such cancellation no later than the deadline. The organiser must notify the customer of cancellation in accordance with this section as soon as possible. In the event of cancellation and in accordance with this section, all amounts paid by the customer will be refunded as soon as possible.
6.2Impediment beyond the organiser’s control
The organiser may cancel a trip without liability to compensate if the trip cannot be completed due to unavoidable and exceptional circumstances and if the traveller is notified of the cancellation without undue delay. Such impediments may, under the circumstances, be war or acts of war, natural disasters, dangerous infectious diseases or other events that must be equivalent to those mentioned above.
If a trip is cancelled before departure due to impediments beyond the organiser’s control, the organiser must immediately refund the customer all amounts paid. Alternatively, the customer can be offered free transfer to a different trip of similar or higher quality if the organiser can offer such a trip. If the customer is offered an alternative trip of lower quality than originally agreed, the traveller will be given a suitable price reduction.
In accordance with the same conditions mentioned in the first paragraph, the organiser will not be liable to compensate if the travel package becomes deficient or must be interrupted due to such impediments arising after departure. If the trip is shortened due to the organiser or customer cancelling due to such conditions, the customer will still be entitled to a proportionate price reduction. Whenever possible, the organiser must eliminate any risks or inconveniences to the customer. If the trip is interrupted, the organiser is obligated to return the customer to the agreed home destination at no cost and with the least amount of inconvenience to the customer. The time of repatriation will depend on an assessment of the actual local conditions, including the real risk and/or the real inconveniences of a continued stay. The statements of Norwegian and local authorities will be emphasized in this assessment.
If the organiser fails to return the customer home or postpones doing so unnecessarily and the customer has to arrange their own transport home, the organiser is liable to compensate any additional expenses the customer incurs as a result.
6.3Organiser’s right to change the content or conditions of the trip upon conclusion of the agreement
The organiser may not change the terms and conditions of the agreement or the specifications of the trip to the detriment of the customer after the conclusion of the agreement, unless specifically designated services/specifications are made subject to change, and this is expressly stated in the unique agreement, i.e. the travel document or other contract document.
The organiser must notify the customer in writing as soon as possible if they wish to change the terms and conditions or content in accordance with this section.
At the same time, the organiser must inform the customer of the right to cancel the purchasing of the trip if the changes result in deficient performance of the travel package for the customer after the change, or to demand a price reduction for deficient performance of the trip. If the customer has not claimed this right within three days of being notified of the change, the right to cancel the purchase or claim a price reduction is forfeit. If special circumstances make it so the deadline cannot be met, the customer must give notice as soon as possible and within a reasonable period of time.
7.Duties of the Parties
7.1Duties of the Organiser/Distributor
The organiser shall complete the trip in accordance with that which has been agreed upon with the traveller, cf. Section 2. However, if unforeseeable circumstances necessitate changes to the trip, the organiser must, to a reasonable extent, ensure the traveller experiences as little inconvenience as possible.
The organiser will provide appropriate assistance to travellers in trouble as soon as possible. This assistance will aim to provide appropriate information on health services, local authorities, and consular assistance, and, when appropriate, to assist in finding alternative travel services. The organiser may charge a reasonable fee for assistance if the trouble is caused intentionally or negligently by the traveller.
As soon as possible, the travel organiser/distributor must provide any information they understand or or should understand to be of importance to the traveller.
If the traveller points out any deficient performance of the trip, the organiser must do whatever is possible, within reasonable limits, to rectify the deficient performance as soon as possible.
7.2Duties of the Customer
The customer must become familiar with these general terms and conditions or the conditions the organiser has published online, in catalogues, or otherwise.
a) Payment: The customer must pay the agreed remuneration by the deadline set out in the terms and conditions. A significant payment default will give the organiser the right to cancel the booking.
b) Information: The customer must provide the organiser/distributor any relevant information that they understand or should understand tobe of significant importanceto the completion of the trip. Anyone making bookings for fellow travellers must provide correct and relevant information for them as well. The organiser is not liable for any problems arising from the fact that the personal details or special needs of travellers were not correctly provided. Anyone booking a travel package on behalf of others must ensure the individual(s) participating in the travel package can comply with the regulations set out by the organiser, and that the trip in question is of such a nature that the registered participant is able to participate without experiencing any strain or causing any strain to others.
c) Complaints: The traveller must notify the organiser without undue delay if they discover any deficient performance that will entitle them to rights under Sections 8.2 a)-e). If the deficient performance is discovered after departure, the customer must file a complaint, whenever possible, on the spot.
If conditions are not resolved during the stay, a complaint must be made without undue delay in writing after returning home, by emailing email@example.com.
d) Documents, etc.: The customer must ensure their tickets and travel documents align with the booking and that the name of the traveller matches what appears in his passport. The traveller must bring a valid passport, any visa/health certificates, tickets, reference numbers, and any other documents that may be required for travel. The traveller must obtain any documents that may be necessary for their unique travel package, and to take out any insurance considered necessary. The organiser has the rightto reject a traveller who has not brought the required documents.
e) Consideration of fellow travellers, etc.: The customer must also abide by the organiser’s unique regulationsas presented prior to the conclusion of the agreement, the regulations of hotels and other subcontractors, and the regulations of carriers and the local authorities. The customer must also comply with the instructions provided by the organiser regarding when and where to report, etc. during the trip, as well as any instructions the carrier or transport manager may give in connection with unforeseeable incidents during the trip.
The individual participants on a trip must not act in such a way that it inconveniences their fellow travellers or creates safety or practical problems for the organiser. The organiser has the right to reject a traveller at the start of the trip if the traveller’s conduct or condition makes it obvious that they cannot meet the requirements in this section.
f) Home travel, etc.: The traveller must abide by any rules stated by the organiser regarding the confirmation of return tickets on scheduled flights. If this is not done, then one cannot count on keeping any reserved seats. Furthermore, the traveller must keep up to date on any changes in the departure time by contacting the travelorganiser or the travel organiser’s representative, if the traveller has left the travel party or otherwise been unavailable in the 24 hours prior to the scheduled departure. Otherwise, the travellermust otherwise must pay attention to the organiser’s e-mails, text messages, and postings, or visit the information desk/reception as long as doing so does not involve any unnecessary hassle or inconvenience to the traveller.
g) Consequences of breach: Substantial breach of these regulations after the condition has been specified gives the organiser the right to deny the relevant traveller’s continuation of the trip. In such case, the organiser is not liable for additional expenses in connection with the early/changed return travel. The denied traveller may not submit a claim for the unused portion of their travel package.
The customer may be liable to compensate any losses or additional expenses incurred by the organiser in the event of a substantial breach of the aforementioned regulations. The customer is liable for damages and losses, etc. in accordance with the standard rules of compensation.
8.1Deficient performance prior to departure
The customer may terminate the agreement prior to departure if it is clear there will be considerable deficiencies in the performance of the trip.
The same applies if the contractual terms change and the change presents a significant disadvantage for the customer. A price increase of more than 8% is always considered a significant disadvantage. In this event, the customer must notify the organiser of termination within a reasonable period of time. Unless special reasons so indicate, such notification must be given no later than one week after the notification of the change was received, or as soon as possible if notification is received shortly before departure.
The customer is entitled then to a full refund of all paid amounts and any compensation stipulated under the rules of Section 29 of the Travel Packages Act.
Alternatively, the customer can be offered transfer to a different trip of similar or higher quality if the organiser/distributor can offer such a trip. If the proposed alternative travel services result in a travel package of lower quality than agreed upon, the traveller will be given an appropriate price reduction.
If the organiser cannot offer a replacement trip, the customer can purchase a trip equivalent to the original package within reasonable limits, and hold the organiser responsible for any additional costs associated with this purchase in accordance with the standard rules of compensation. If such a purchase is significantly more expensive than the price of the original travel package, compensation may not normally be expected.
8.2Deficient performance after departure
There has been deficient performance of the travel package with respect to the delivery of the travel services included in the package, and this is not due to the customer or any circumstances on their part.
The customer must submit a complaint about discovered deficient performance without undue delay.
Claimable deficient performance after departure grants the customer the following rights:
The customer may demand that the organiser rectify the deficient performance if this can be done without unreasonable cost or inconvenience. The situation must be rectified within a reasonable deadline set by the customer. If the deficient performance is not rectified by the deadline, the traveller may rectify the deficient performance and claim any necessary expenses be reimbursed.
If the customer refuses a solution that would rectify the deficient performance, or fails to submit a complaint to the organiser or the organiser’s representative where possible so that the situation can be rectified, the right to submit further claims is forfeit.
b) Alternative travel services
The customer may demand that the organiser offer an alternative travel service if a significant portion of the travel services cannot be delivered in accordance with the travel package agreement. If possible, the organiser will offer an alternative travel service of similar 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 traveller will be given an appropriate price reduction. The traveller may only reject the offer if it is not comparable to that which follows in accordance with the travel package agreement, or if the price reduction is insufficient.
c) Price reduction:
If the deficient performance is not rectified, the customer is entitled to an appropriate price reduction for the duration of the deficient performance of the travel package.
If there is deficient performance of the travel package that significantly affects the completion of the trip and the organiser has not rectified the deficient performance or offered alternative services, the customer may terminate the agreement and claim a refund for the value of the travel services not delivered.
If the customer terminates the agreement in accordance with this provision, they are entitled to transport free of charge to the point of departure or to the destination where the trip was supposed to end, if the travel package includes a transport component. The rules in paragraph 3 of Section 6.2 apply in the same manner.
If deficient performance of the travel package results in the customer incurring losses, the customer may claim compensation from the organiser.
The organiser’s responsibility for damages after the deficient performance if the organiser can prove the deficient performance was due to unavoidable and exceptional circumstances. The right to compensation also does not apply if the deficient performance was caused by a third party unrelated to the provision of the travel services included in the agreement and the deficient performance was unforeseeable and unavoidable.
When transport law restricts the scope or conditions of compensation from a carrier, the same restrictions apply to the organiser.
8.3Limitations of compensation
When the organiser’s liability to compensate has not already been limited by other transport law, the organiser may limit the compensation in the travel package agreement, but not to less than three times the total price of the travel package.
This limitation does not apply to personal injury or damage caused intentionally or negligently by the organiser.
8.4Relationship 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 Travel Packages Act and compensation under other transport law must be deducted from each other so that the customer does not receive excessive compensation.
The customer can address the claim for a price reduction or compensation to the organiser of the travel package. Any claims against carriers (e.g. airlines) under other transport law (including standard compensation under the EU regulation on air passenger rights) must be addressed to the carrier.
Regardless of whether the organiser is liable to pay compensation in accordance with the above, the traveller must limit loss as much as possible. Compensation cannot be claimed for loss or damage due to the traveller’s own negligence or circumstances.
Relationship to EU Regulation 2004-261 (delays, cancellations, and overbookings)
The regulations can be found at https://lovdata.no/static/SF/pdf/32004r0261.pdf.
In case of delays, cancellations, and/or overbookings, the rules that follow from the aforementioned EU Regulation apply.
Any claim under this regulation must be addressed to the carrier.
Where the EU Regulation grants the passenger the right to terminate the transport contract, this does not apply to the remainder of the travel package unless the nature of the deficient performance is such that the conditions for terminating the purchase of the travel package are met, cf. Section 8. Minor delays do not normally grant the traveller the right to terminate the purchase of a travel package. If the passenger chooses to cancel/terminate the purchase of the travel package pursuant to the provisions of the EU Regulation, but the conditions for terminating the travel package pursuant to the Travel Packages Act have not been met, only the portion of the purchase price that relates to transport will be refunded to the customer. The travel organiser must make the customer aware the travel package will not be fully refunded.
The following circumstances are not typically considered deficient performance of the travel package in accordance with the provisions of Section 8:
I) Deviations from the customer’s expectations that were not createdby the organiser, such as building standards at the destination or other destination-related conditions, if the conditions the customer is complaining about are considered “typical” at the destination.
II) Abnormal weather and other natural conditions that the organiser did not have and could not have had knowledge of
III) Conditions the traveller must expect may arise from time to time and which are beyond the organiser’s control or do not deviate from that which is considered provided for in the agreement. Change of accommodation due to overbooking shall not be considered a “foreseeable deviation”.
IV) 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 trips with a duration of less than 5 days, or 8 hours for trips with a duration of 5 to 8 days, or a maximum of 12 hours for trips with a duration of more than 8 days. If the delay/change in the departure/arrival times is due to actions taken by aviation authorities, exceptional weather conditions, airspace congestion, or other, similar conditions that are beyond the control of the organiser or carrier, then theaforementioned deadlinesare doubled. The fact that a condition is not considered deficient performance under this provision does not prevent the customer from receiving the assistance and any compensation they are entitled to pursuant to the aforementioned EU
V) Deviations from the agreement due to the customer’s own circumstances.
In the event of a complaint, the traveller will 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 Travel Packages (Travel Packages Complaints Board) or other dispute resolution body, as well as any complaint fees in connection with this.
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 at http://ec.europa.eu/odr.
10.Entry into force
These General Terms and Conditions for Travel Packages are valid from July 1, 2018 and replace the corresponding terms and conditions from January 1, 2015. Deviating Fjord Line provisions apply from the date stated at the top of the document.
11.Extraordinary travel conditions due to the COVID-19 situation
Due to the extraordinary situation regarding covid-19 the national authorities have made restrictions on to whom can cross the border between Norway and Denmark.
We strongly encourage all travelers to read and understand the restrictions that have been set by each national authorities before purchasing a ticket. Fjord Line will not refund tickets for travelers that are denied entry at the border.
There are no restrictions for cargo, normal conditions apply for cargo. You can find more information here: regjering.no
Anyone who has booked a journey that cannot be carried out due to a canceled departure, as a general rule, is entitled to rebook their trip or get a refund. We are continuously sending out a voucher for the price of the booked trip. However, due to extraordinary work pressure on our customer service department, the processing time is a bit longer than usual. Alternatively, the company where the travel insurance was purchased can be contacted.
11.2Change / Cancellation of package tours - boat and accommodation
Cancellation or change of travel that cannot be done due to closed borders or by travel advice from the respective country’s authorities can be canceled without charge.
Regarding refunds for travel that cannot be completed, we will deal with this as soon as possible. We ask for understanding that the processing time is likely to be longer than normal due to the extraordinary time we are currently in.
11.3Permitted travel destinations
For travelers with permanent residence in countries or regions that are covered by quarantine requirements when entering Norway, the so-called “red countries/regions”, you can free of charge change your travel date to a later departure until 31.12.2021 or get a non-refundable value check. The value check must be used by 01.12.2020, to pay for a future travel before 31.12.2021. If the journey changes to a more expensive departure, the difference must be paid.
Which countries and regions this applies to can be found on FHI.
For the latest information regarding what countries quarantine applies for can be found here: Regulations for covid-19 in Norway
11.4Prolonged storage of passangerinformation
This is to be used when tracking for infections (covid-19).
Passanger information with contact information will be stored for 10 days.
Until the authorities changes the amount of days for quarantine or similar instances regarding covid-19, this will remain.