GENERAL TERMS AND CONDITIONS FOR PACKAGE TRAVEL
The conditions regulate the contractual relationship between OceanSoul (hereinafter referred to as the travel organizer) and the traveler (hereinafter referred to as the traveler) who purchases a package trip. The agreement is entered into and carried out in accordance with the Package Travel Act (Law No. 1666 of 26/12/2017 on package travel and linked travel arrangements).
1. Conclusion of the agreement::
1.1 Conclusion
An agreement to purchase a package holiday between the traveller and the tour operator is concluded and binding on both parties when the offer is accepted by the traveller. It is a prerequisite that the travel services that together will constitute a package holiday are purchased at the same time.
The offer is accepted by the traveller when he makes payment of the deposit or the full price of the trip on the tour operator's website. Before that, the traveller has received and accepted these general terms and conditions by indicating in a "click off" box.
By physically approaching the tour operator's point of sale, the traveller accepts the tour operator's offer by paying all or part of the price of the package holiday. The traveller will be given these general terms and conditions before payment.
The traveller can also accept the tour operator's offer by telephone. The tour operator will inform the traveller - before the traveller accepts - about the relevant terms and conditions of the agreement, as well as where the traveller can find these general terms and conditions. The agreed terms and these general terms and conditions are sent to the traveler after the agreement has been concluded by telephone.
The tour operator may, by clear notice to the traveler, determine that the agreement is only considered to be concluded upon the traveler's timely payment of the travel price or a deposit, as specified in the agreement. The traveler has received these general terms and conditions prior to this time.
1.2 Travel documents
After the conclusion of the agreement, the tour operator shall forward the travel documents (e.g. a travel voucher, an order confirmation, an invoice and/or an itinerary) to the traveller without undue delay.
The forwarding of travel documents and other correspondence between the traveller and the tour operator, including but not limited to changes to the package tour, shall take place at the postal address, e-mail address or other form of contact that the traveller has used in connection with the conclusion of the agreement.
The traveller is also obliged to provide the contact information necessary for the tour operator to contact the traveller both before and during the trip.
If the traveller does not receive the travel documents within 2 days of booking, the traveller must contact the tour operator immediately. If the traveller has provided an e-mail address, the traveller must first check the spam filter.
The traveler is obliged to review the forwarded travel documents and "practical information" upon receipt (see section 4.3.) and to immediately respond to the tour operator if the information is not in accordance with the agreement.
2. Price and payment:
2.1Price
The price of the trip is a so-called “total price”, which means that it includes all mandatory taxes, duties and all additional fees, costs and any surcharges related to the services that the traveler has purchased from the tour operator.
At the destinations, local fees, entrance fees and taxes may be charged, which it is not possible to collect at the conclusion of the agreement, as these payments relate directly to local regulations or to the consumption of additional services beyond what is stated in the agreement.
The total price of the trip appears on the traveler’s invoice. If there are changes to the specific trip or to the conditions for it as a result of circumstances on the traveler’s part, this may result in the price being changed and additional payment may be charged.
The payment terms appear on the tour operator’s website and/or the travel documents.
2.2 Payment
If the traveller fails to fulfil his part of the agreement with regard to payment, the tour operator has the right to cancel the agreement. In such cases, the tour operator is entitled to payment of the amount that the traveller would lose under the rules in section 6.2 if he had cancelled the trip on the day of the non-payment.
3. Cancellation and travel insurance
3.1 Cancellation insurance
OceanSoul recommends that travelers take out cancellation insurance. Please contact your insurance company or other cancellation insurance providers for more information.
3.2 Travel insurance
All participants in OceanSoul's trips must have taken out travel insurance that at a minimum covers medical treatment and repatriation expenses. Contact your insurance company or other travel insurance providers for more information.
If you are participating in kitesurfing and/or yoga on the trip, you must be sure that your travel insurance covers this.
It is recommended that when taking out travel insurance, you ensure that it also covers luggage. Complaints about damage to luggage and misdelivered or delayed luggage must be made directly to the relevant airline or handling company at the airport.
4. The traveler's general duties:
4.1 Passport, visa and health formalities (including vaccinations)
The traveler must be in possession of a valid passport with a minimum validity of six months at the end of the trip, as well as the documents necessary for the completion of the trip, including visas and proof of required vaccinations.
When concluding the agreement, the tour operator informs the traveler about passport and visa requirements, including information about the expected time to obtain a visa. The tour operator also provides information about any health formalities due to vaccination requirements or similar, as well as other documents and conditions necessary for the completion of the trip. For certain countries, special rules apply for entry and exit. If this is the case, this will be stated in the agreement. The traveler can contact the tour operator for further information about these rules.
The tour operator's information about passport and visa requirements for the traveler is based on the rules for Danish citizens. If the traveler does not have a Danish passport or has dual citizenship, the traveler must make the tour operator aware of this, so that the traveler can receive the correct advice and guidance, including referral to the relevant authorities. In this context, see www.um.dk and www.ssi.dk, among others.
4.2 People with reduced mobility
The tour operator's website or tender materials will indicate whether the trip is generally suitable for people with reduced mobility. The traveller may also, before concluding the agreement, request the tour operator to provide precise information about the suitability of the trip in relation to the traveller's needs. Such a request is conditional on the traveller providing the tour operator with all necessary and relevant information about the traveller's needs.
4.3 Names of travel documents
The traveler is responsible for ensuring that the names on his/her travel documents and bookings are identical to the full name on the traveler's passport. If the traveler becomes aware of discrepancies between travel documents and passports, the traveler must immediately notify the tour operator, who will attempt to correct the error. If the discrepancy is due to the traveler's circumstances, the expenses associated with this will be borne by the traveler. If changes are not possible, the traveler cannot hold the tour operator liable.
4.4 On-time attendance
In cases where the traveler cannot arrive at the booked travel service on time, the traveler must contact the relevant supplier and inform them of the later arrival. If the traveler does not reach a satisfactory solution with the supplier, the traveler must contact the tour operator. If the traveler fails to contact the supplier and/or the tour operator, respectively, the reservation will be cancelled by the supplier, and the traveler will not be able to use the reservation or have the payment for it refunded.
The traveler must have completed any check-in in accordance with the times and places for the latest check-in on the outbound and return journey stated in the itinerary or by other clear instructions. The traveler is responsible for making himself known in the check-in queue if the traveler can foresee that he will not be able to complete check-in within the stated times.
The traveler must keep himself informed of the return journey times by checking well in advance of the return journey whether any changes have been made or announced to the return journey time stated in the travel documents. Notification of such changes will be given to the traveler individually or by posting them at a previously agreed location by either the tour operator, its representatives or the tour operator's subcontractors.
The traveler must keep himself updated on the departure points and times for the included means of transport. This can be done, for example, by keeping an eye on the overview screens immediately after arrival at an airport and contacting the airport staff if in doubt about which terminals or gates the flight departs from. Terminal and gate changes occur frequently and are beyond the tour operator's control. In such situations, the traveler cannot make any claims against the tour operator.
4.5 Regulations
The traveler must comply with the rules of conduct that apply to all subcontractors of the package tour, such as hotels, airports, means of transport, etc.
The traveler must behave in such a way that fellow travelers do not feel inconvenienced. In serious or repeated cases, inappropriate behavior may result in the traveler being expelled from the trip by the tour operator or its representatives. In such cases, the traveler is responsible for his own return transportation and expenses resulting therefrom. In the event of expulsion, the traveler is not entitled to any form of refund of the package tour price.
The tour operator is not liable for the exercise of public authority, including but not limited to police intervention/action against the traveler in connection with the traveler's inappropriate behavior. In such situations, the traveler is personally responsible for any expenses that the traveler may incur, and the traveler cannot make any claims against the tour operator and will not be entitled to a refund of the package tour price.
It is the traveler's duty to follow instructions from OceanSoul or their partners. There are certain rules in connection with both kitesurfing and yoga. If you oppose this, you may be expelled from further participation in the trip. This applies, among other things, to which areas it is allowed to kitesurf and what level you have. If the instructors assess that the traveler cannot manage independently on the water. Should the person in question purchase beginner lessons or not kitesurf.
4.6 Non-compliance
If the traveler does not comply with the requirements for passports, visas, health formalities, other required documents, stating the correct name on the travel documents and reviewing them, the rules on timely arrival and the rules of order, the traveler cannot make claims against either the tour operator, the intermediary or the subcontractor for the package tour for the consequences, deficiencies, inconvenience or losses that the traveler's failure to comply with his general obligations entails.
5. Changes to the concluded agreement
5.1 Transfer of the package holiday
The traveler may transfer the trip to another person for a handling fee of DKK 500 plus any costs that the tour operator may be charged by the package travel subcontractors as a result of the transfer. Notification of the transfer must be given to the tour operator on a durable medium no later than 7 days before the start of the trip. Notification after this time means that the traveler loses the right to transfer the package travel.
Transfer may only take place if the person to whom the package travel is transferred meets the necessary conditions and requirements for the completion of the trip specified by the tour operator when the agreement was concluded, including passports, visas and health requirements.
The right to transfer the package may be restricted in whole or in part by the tour operator if the transfer is not possible due to the terms and conditions of the subcontractor. Restrictions on the right to transfer will always be clearly stated in the traveller's travel documents.
In this connection, the traveller's attention is drawn to the fact that the vast majority of airline tickets included in package holidays cannot be changed or refunded once they have been booked ("non-refundable" tickets).
It will be stated in the traveller's travel documents if the airline ticket or other travel services cannot be changed or refunded. If the package holiday includes such travel services, the price of the travel services subject to the aforementioned restrictions will be lost if a trip is changed after booking.
The transferor of the package holiday and the person to whom the package holiday has been transferred are jointly and severally liable for payment of any outstanding amounts and costs resulting from the transfer.
5.2 Price changes
The tour operator may, after the conclusion of the agreement, make changes to the agreed price for the package tour if there are changes in:
the price for the carriage of passengers as a result of costs for fuel or other energy sources,
taxes, duties or fees for the travel services of the package tour imposed by a third party not directly involved in the provision of the package tour,
exchange rates that are of importance for the package tour.
The calculation of these changes is made according to the following calculation examples:
If part of the package price is settled in a currency other than DKK, this amount or its share of the total price will be stated on the invoice. Foreign currencies used to calculate the package price will be stated on the invoice, stating the currency designation, the exchange rate for this and the date of the set exchange rate.
In the event of changes in the price of the trip, the tour operator will notify the traveler of price increases and price reductions. The notification must be made on a durable medium and no later than 20 days before departure. The price can be increased by a maximum of 8% of the package price. If the increase is more than 8% of the package price, the traveler will be entitled to cancel the agreement.
In the event of a price decrease as a result of changes in the above circumstances, the traveler is entitled to a price reduction corresponding to the price decrease caused by the changes. In this connection, the tour operator is entitled to deduct costs associated with the refund to the traveler.
5.3 The traveler's changes to the package tour
If the traveller wishes to make changes to the package, he must contact the tour operator as soon as possible. If it is possible for the tour operator to change the package, the traveller must bear the additional costs resulting from the changes. The tour operator is not obliged to make changes to the package.
If the traveller wishes to make changes that the tour operator cannot fulfil in the existing agreement, the change will, if the traveller maintains the wish to change the package, be considered a cancellation of the package, cf. section 6.2, and a new booking.
5.4 The tour operator's changes to the package tour before the start of the package tour.
5.4.1 Minor changes.
The tour operator is entitled to make minor changes to the package without the traveller's consent before the start of the package, without liability. The traveller is obliged to accept such changes if the tour operator informs the traveller of the changes in question clearly and without undue delay before the start of the package.
5.4.2 Other changes.
If, before the start of the package, the tour operator either;
makes significant changes to the package,
or cannot provide certain services that the traveller has requested and which the tour operator has agreed to provide,
or increases the price of the trip by more than 8%, the traveller has the following rights:
the traveller may cancel the agreement and receive a refund of the amounts paid in accordance with the trip,
or if the tour operator offers it, the traveller may participate in a replacement trip.
The tour operator is obliged to contact the traveller without undue delay and inform him of the significant changes and any impact they may have on the price of the package.
In its contact, the tour operator shall set a reasonable deadline for the traveller to inform him of his decision and shall also inform him that the consequence of not complying with this deadline is that the traveller is deemed to have accepted the changes covered by 5.4.2.
The traveler may in certain situations be entitled to compensation if a financial loss has been suffered as a result of the above significant changes, unless the cause is due to unavoidable and extraordinary circumstances.
6. Termination of the agreement:
6.1 Right of withdrawal
There is no right of withdrawal for the purchase of package holidays, cf. the Danish Consumer Contracts Act, section 18(2)(1) and section 7(2)(5), which exclude passenger transport from the scope of the Danish Consumer Contracts Act.
6.2 Cancellation of the package tour
6.2.1 Normal cancellation terms
The traveller may cancel the package before the start of the package according to the standard cancellation terms below, unless the tour operator has stated in writing before the conclusion of the agreement that cancellation will be made after an individual calculation of the cancellation fee, corresponding to the price of the package less saved costs and any income from the sale of the cancelled travel services. If cancellation is made after an individual calculation, the basis for the agreement will state which travel services are possibly limited by the tour operator's cancellation right towards third parties.
If cancellation is made no later than 60 days before the departure date, an amount/cancellation fee corresponding to the amount paid at the time of cancellation will be forfeited; usually a deposit paid. However, the cancellation fee may not exceed 50% of the price of the trip.
If cancellation is made later than 60 days before the departure date and no later than 30 days before the departure time stated in the travel documents, the tour operator has the right to charge 50% of the total price of the trip as a cancellation fee. If a deposit paid is more than 50% of the total price of the trip, the total deposit paid will be forfeited.
If cancellation occurs later than 30 days before departure, the tour operator has the right to charge 100% of the total price of the trip as a cancellation fee.
6.2.2 Cancellation in the event of acts of war, etc.
The traveller may cancel a package tour before the start of the package tour without paying a fee if unavoidable and extraordinary circumstances occur at the travel destination or in the immediate vicinity thereof that significantly affect the delivery of the package tour or the transport of passengers to the destination.
In order for the traveller to cancel without paying a fee, the unavoidable and extraordinary circumstances in question must, based on an objective assessment, make it impossible to travel safely to the destination, for example on the basis of guidance or statements from the Ministry of Foreign Affairs, health authorities, etc. See www.um.dk and www.ssi.dk.
In the event of cancellation without a fee, the traveller is entitled to a full refund of the price of the tour, but is not entitled to further compensation from the tour operator.
However, the right to cancel without a fee does not apply if the customer knew or should have known about the event in question when the agreement was concluded, or the event was otherwise generally known.
If the traveler cannot cancel free of charge in accordance with the above, the general cancellation rules apply, cf. section 6.2.
For round trips, the traveler only has the right to cancel the part of the package tour that takes place in the advised-against area. However, if this part of the package tour constitutes a significant part of the package tour, the traveler has the right to cancel the tour entirely.
6.2.3 Time for refund and calculation of cancellation fee.
Refunds of amounts pursuant to clauses 6.2.1 and 6.2.2 must be made no later than 14 days after the traveler's cancellation of the package tour, which is why the calculation of the fee for individual cancellation is also calculated at this time at the latest in relation to the possibility of reselling the canceled travel services.
6.3 Tour operator's termination
6.3.1 Termination due to lack of adherence
If the implementation of the trip is subject to a certain minimum number of participants, this will be stated in the tour operator's tender materials, website or elsewhere in the contract basis. It will also be stated how many participants there must be at least or a minimum occupancy rate before the trip is implemented, and when this number must be reached before the start of the trip at the latest.
If the required number of participants is not reached by the specified time, the tour operator may terminate the package travel agreement without liability. The tour operator shall notify the traveller of the termination of the agreement within the period specified in the agreement, however not later than
20 days before the start of the package travel if the duration of the trip is more than six days,
7 days before the start of the package travel if the duration of the trip is between two and six days, or
48 hours before the start of the package travel if the duration of the trip is less than two days.
6.3.2 Termination due to unavoidable and extraordinary circumstances
The tour operator may also terminate the package travel agreement without liability if the tour operator is prevented from fulfilling the agreement due to unavoidable and extraordinary circumstances, and the tour operator notifies the traveller of the termination of the agreement without undue delay and before the start of the package travel.
In the above termination situations, the traveller will receive a refund of the amounts paid for the trip no later than 14 days after the termination, and the traveller will not be entitled to compensation.
7. Defects and complaints:
If a defect is discovered after the start of the trip - en route or at the destination - the traveler must immediately report the defect to the tour operator, its representative at the destination or to the subcontractor to whom the defect relates.
If the tour operator's representative or subcontractor is unable or unwilling to remedy the defect or does not, in the traveler's opinion, remedy the defect satisfactorily, the traveler must report the defect directly to the tour operator.
The traveler must ensure that the complaint is noted by the tour operator's representatives and/or subcontractors on site - e.g. through a note in a hotel book or in other written form. In addition, the traveler should ensure that a receipt for the complaint is provided.
Failure by the traveler to report the defect as described above will have consequences for the traveler's right to subsequently invoke the defect and for obtaining compensation.
8. Limitations on the tour operator's liability:
The airlines are directly responsible for the correct performance of the transport in accordance with the Warsaw and Montreal Conventions, EU Regulations 889/2002 and 261/2004 and the Aviation Act.
The tour operator limits its liability to the applicable limits at any time, as set out in the Warsaw and Montreal Conventions (air transport), the Athens Convention and EU Regulation 392/2009 (sea transport) and the COTIF Convention and EU Regulation 1371/2007 (rail transport). The tour operator's liability for damages may therefore not exceed the amount applicable to the carriers directly responsible for the transport.
As regards bus transport, the liability limits for death or injury and loss of or damage to luggage follow from Regulation 181/2011 of 16 February 2011 on the rights of bus passengers.
If the liability of the carrier is not limited in other EU legislation or international conventions, the tour operator limits its liability to three times the total price of the package holiday.
The traveller participates in activities on the trip, including activities in the form of yoga and/or kitesurfing, at his own risk. The tour operator cannot be held liable in the event that planned activities cannot be carried out due to weather conditions, including too little or too much wind and/or precipitation, which for example prevents outdoor yoga activities. The same applies in cases where an instructor is replaced in relation to the previously stated information, for example due to illness or the like.
9. Making claims after the end of the trip:
Claims for compensation and/or a proportional reduction in the price of the trip - as a result of defects that have been correctly reported and that have not been remedied by the tour operator - must be submitted to the tour operator within a reasonable time after the end of the trip. Otherwise, the traveler loses the right to make claims against the tour operator.
The traveler can complain to OceanSoul by email emelyfreja1@hotmail.com.
10. Access to set-off when paying compensation and/or damages
When submitting his complaint to the tour operator, the traveler must state whether the traveler has also applied for compensation or indemnity from the carrier on the basis of EU regulations on passenger rights and liability in connection with passenger transport and under the international conventions that also regulate this matter.
If the traveler has received compensation and/or indemnity from the carrier, the tour operator has the right to offset compensation and/or indemnity under the Package Travel and Linked Travel Arrangements Act against the compensation and/or indemnity that the traveler has received from the carrier.
11. Venue and applicable law:
If agreement on a claim for compensation and/or amount etc. cannot be reached by complaining to the tour operator or intermediary, the traveller may lodge the complaint with the Package Travel Appeals Board, Haldor Topsøes Allé 1, st., 2800, Kgs. Lyngby
The Package Travel Appeals Board's website is www.pakkerejseankenaevnet.dk.
All disputes and disagreements that may arise or arise from the formation and/or performance of a given agreement, and which cannot be resolved between the parties alone or by the Package Travel Appeals Board, must, if the parties wish to lodge the case, be brought before the Danish national courts for final decision, and will be subject to Danish law.
These terms and conditions has been drafted in Danish, and in the event of any discrepancies between versions in other languages, the Danish version will prevail. If you have any questions or would like to discuss the policy, please contact us using the provided contact details.