Commercial terms for packages

COMMERCIAL TERMS FOR PACKAGES

General Terms and Conditions for Travel Packages

The following terms and conditions shall be applied for holiday packages including accommodation and activities and offered and delivered by Lapland Hotels & Safaris Ltd (“hereinafter referred to as the "LHS").

Prices

All given prices include VAT in accordance with the Finnish VAT Act (1501/1993). Our company applies the regulation of selling travel services, Margin scheme – Travel Agents, Finnish VAT Act 80 §. Prices of services are valid for the dates specified in the offer.

Reservation and Confirmation

Reservation received by LHS is considered as confirmed upon order confirmation send by LHS to the consumer.

Payment options will be presented in our webstore. Reservations made by phone or email payment options will be given in connection with a reservation.

 

Payment terms

100% of the value of the order confirmation, paid 14 days before the start of the Services, unless otherwise stated in the order confirmation.

 

Cancellation Terms and Fees:

Total or partial cancellation of the Order  --> Cancellation Fee is: 
Cancellation 15 days or more prior to arrival --> Office fee 50,00€

14 – 0 days prior to arrival -->100 % of the value of the order confirmation

 

Changes due to Covid-19 restrictions

Orderer can change the dates of the order once without extra costs, if the Orderer is unable to travel due to Covid-19 restrictions (Covid-19 infection, quarantine or general travel restrictions) concerning either the Orderer or the party identified in the order. If the prices of the Services for the new dates differ from the prices in the original order confirmation, the difference will be refunded/ charged to/from the Orderer.

 

Late arrivals

In case the consumer or the participants included in the order made by the consumer are late from the agreed starting time of the service, the LHS reserves right to cancel confirmed service(s). If service(s) have to be cancelled due to late arrival, 100% cancellation fee is charged.

 

Changes

All changes or alterations have to be made in writing within office hours in Finland. The requested changes and alterations are subject to the written approval of the LHS.

 

General Terms & Conditions

General Terms & Conditions shall be applied for all provisions of these Commercial Terms. In addition General terms and conditions for package travel shall be applied (These terms and conditions have been agreed between the Association of Finnish Travel Agents and the Finnish Consumer Ombudsman).

 

GENERAL TERMS & CONDITIONS
 

Definitions
 

LHS” is the company named Lapland Hotels & Safaris (Business ID:2041198-2).

 

 “Consumer” is a person, to whom the order confirmation of LHS applies

 

Orderer” is a person, who makes a reservation to LHS

 

below LHS, Consumer and Orderer individually also “the Party” and together “the Parties”

 

Order” is any request from the Consumer or from the Orderer to LHS to make an order and to identify the ordered services.

 

Order Confirmation” is any written documentation from LHS to the Consumer or to the Orderer including prices and confirming the availability of the ordered services.

 

“Effective Date” shall mean the date on which the LHS has delivered the Order Confirmation to the Consumer or to the Orderer or in another way accepted the Order or latest upon receipt of the first payment related to the Order.

 

“Commercial Terms” shall mean the commercial terms of the LHS, which include i.a. terms of payment, price, changes and cancellation fees.

 

“Services” shall mean the services provided by the LHS in accordance with the Order Confirmation, which services may include, but are not limited to airport transportation, accommodation, program service, transportation related to the program service, meals or separate dinner services, husky or reindeer ride, snowmobiling and organizing meeting or conferences. The LHS is entitled to decide the standard of the Services.

 

“Contract” From the Effective Date these General Terms & Conditions together with Commercial Terms shall constitute  the Contract between the Parties related to the Order Confirmation and confirmed Services included in it. Any amendments agreed in written by the Parties shall constitute an integral and permanent part of the Contract.

 

Confirmation

The order shall be deemed to be confirmed upon delivery of the Order Confirmation from the LHS to the Consumer or to the Orderer. The LHS has right to cancel the Order in case the LHS has not received the first payment by the due date. The cancellation fees are available in the Commercial Terms.

 

Payments

The payments of transaction shall be made in euros (EUR).

Any failure to make payments on time shall constitute a material breach of the Contract and the LHS is entitled immediately, without notification period, to stop delivery of its Services for any unpaid part of the Services.

 

Cancellation Terms

The Consumer is entitled to cancel the Contract, Services or part thereof by notifying the LHS in writing thereof. The Consumer have to inform the LHS of the cancellation in writing without delay. The cancellation fees are available in the Commercial Terms.

 

Consumer’s Obligations

The Consumer undertakes to fulfil its contractual obligations and to provide requested information with due care in such way that the LHS has the possibility to perform its tasks with due care and within the agreed time-schedule.

 

Notifications and Time

The Consumer have to provide all notifications in writing within office hours (8 a.m. – 4 p.m.) in Finland. All times referred are local Finnish times.

 

Liabilities, Insurances, Consumer’s information duties, Indemnities, Animals, etc.

 

The LHS shall exercise pro-activity, contingency, due diligence and appropriate health and safety measures in accordance with the laws and regulations of Finland and Finnish standards of recommended practices of accommodation, transfer and program services at all times when delivering offered services under this Contract.

 

Service language

Language used for guiding and during all services is English if not otherwise stated or agreed.

 

Liability Insurance

The LHS has a General Third Party Liability Insurance.

 

Motor Liability Insurance

All the coaches or other motorized transport vehicles used in traffic in Finland must have valid Motor Liability Insurance. Compensation for damages or injury resulting from a road accident shall be covered, taking into account the below said, by the valid Motor Liability Insurance of the vehicle that caused the accident. Under the provisions, any person suffering bodily injuries is entitled to receive compensation for the cost of medical treatment, pain and suffering, and handicap, in accordance with the terms and conditions of Motor Liability Insurance and laws and regulations of Finland. Compensations are based on tariffs in accordance with laws and regulations of Finland and orders of the Finnish authorities. Damages for property are by law limited up to EUR 3.300.000. But if an injured party has willfully or out of gross negligence caused his/her own injury, the injured party is not entitled to compensation.

 

Snowmobiles in Safaris

All snowmobiles used in safaris are insured as required by Finnish law and the coverage is subject to the above mentioned Motor Liability Insurance terms and conditions and laws and regulations of Finland. Above mentioned clauses shall be applied.

Consumers participating safaris are held liable for damages caused to snowmobiles. The amount of personal liability is max. EUR 980 per snowmobile in case of an accident. The Consumer shall always notify the LHS in writing if each Client signs a personal self-liability or if one person in the group of Clients signs for and on behalf of the whole group of Clients. 

 

The driver of the snowmobile must be at least 18 years of age and in possession of a driver’s license valid in Finland. The driver of the snowmobile has to be able to present the driving license during the safari as the Police may check the validity of the driving license during the safari.  Finnish law prohibits driving a snowmobile under the influence of alcohol. As the responsible safari organizer, the LHS reserves the right to change the routing, schedules and duration of the excursions if necessary, due to prevailing weather conditions, or if deemed advisable due to safety reasons and the comfort of the participants.  The LHS also reserves the right to discontinue the safari if a participant is seen as a potential danger to him/herself or to others or is in poor health.

 

Other Injuries

The LHS may only be held liable for personal injuries or material damage arising from accidents that have happened during the delivery of the Services under this Contract and are caused by negligence of the LHS or its employees or sub-contractors or by the provision of faulty equipment. The LHS is not liable for any accidental damage or injury which has to be indemnified under the travel insurance of a Consumer. Personal travel insurance is always highly recommended.

Program services e.g. snowmobile and husky safaris can be physically demanding and the participants may be exposed to different kinds of physical strain. Therefore the Consumer is obligated to inform the LHS before participating safaris, excursions, activities and any other programmes or Services included in the Order Confirmation that  in case they are having any illnesses or disabilities (for instance heart disease, asthma, diabetes, epilepsy, back or hip problems) that could affect their ability to take part in the Services, or if they are pregnant. In these cases the Consumer should prior to participating any Services consult the medical expert about person´s ability to participate in the Service in question. The Orderer is obligated to inform the Consumers included in the Order Confirmation of their responsibility to consider their capability to participate in the Services.

All insurance documents including terms and conditions are available for due diligence review upon request by the Consumer.

 

Animals

All animals used in the Services (reindeer rides, horse rides and husky rides) are trained as far it is possible for the activity. However, behaviour of animals can never be fully predicted and therefore in order to reduce risks, given safety and other instructions have to be obeyed.

 

Mistakes and compensation

All mistakes which can be corrected during the service have to be informed to the LHS without delay and as soon as possible during the service. After the service  a Customer has no right refer to a mistake, if he/she does not inform a mistake to the LHS in a reasonable time where he/she noticed a mistake or he/she should have been noticed a mistake, in any case no later than 30 days after the expiration  of the Contract or Services.  

If the LHS has delivered essentially incorrect Service to the Customer, the LHS is obligated to give price reduction or compensation to the Customer in accordance with General terms and conditions for package travel.

 

Prices

All given prices are in euros and include Finnish value added tax (VAT) according to the VAT laws and regulations of Finland (Finnish VAT Act). Travel agent´s margin scheme and reversal charge is applied when required by the Finnish VAT Act. All prices are based on requested period, group size, season, type and availability of Services and any other relevant element of pricing. Should there be any changes within the contents or the fundaments of the Services then the LHS has right, at its option, to change any price.  

The LHS reserves the right to change prices in case of major increases in or due to the costs of supplies, currency or fuel, and in case of increase of value added tax (VAT) or other taxes.

The LHS reserves the right to target campaign offers and benefits to the new reservations. In this case the new reservation means reservation, which has been done during a period of validity of the campaign or benefits. In addition the rules and instructions in connection with each campaign or benefits will be applied to campaign offers and benefits. Offers and benefits are personal and do not transfer to another passenger in connection of a change of a passenger’s name and offers/benefits will not be granted afterwards. Campaign offers and benefits do not apply to group- and special trips.

 

Force Majeure

The LHS is not liable for any default, damage or loss due to a condition force majeure or to unreasonable impairment of its operations due to a similar cause (including but not limited to war, strike, lockout, impossible or unsafe weather conditions to perform Services, e.g. lack of snow).

If encountered a force majeure condition, the LHS shall immediately notify the other Party in writing thereof. The LHS shall keep the other Party fully informed of the continuance of the force majeure condition and of any relevant change of circumstances whilst such force majeure continues. When encountered a force majeure conditions the LHS shall also take all reasonable steps available to it to minimize the effects of the force majeure on the performance of its obligations under the Contract.

 

Termination

The organiser has the right to terminate a traveller’s contract if the traveller fails to pay for all or part of their package by the agreed due date. The due date must be reasonable. The document in which the due date is specified must explain the organiser’s right to terminate the contract on the grounds of non-payment.

 

General terms and conditions for package travel will be applied to the LHS’s right to cancel or interrupt a trip.

 

General terms and conditions for package travel will be applied to the traveller’s right to cancel, interrupt or terminate a trip.

 

Term of the Contract

This Contract is in force from the Effective Date and, unless expired by termination earlier, shall remain effect until the Expiry Date of the Contract. The Expiry Date is the day of the last Service included in the Order Confirmation. 

 

Entire Contract

As of the Effective Date the Contract supersedes all prior contracts, statements or agreements, related to the Order Confirmation, whether oral or written, between the Parties and constitutes with the Order Confirmation, these General Terms & Conditions, Commercial Terms and other possible appendices as stated in the Order Confirmation the entire agreement between the Parties with respect to its subject matter.

 

Communication

Any notice and other communication under the Contract shall be in writing (e.g. e-mail) in English, unless the Parties mutually agree to communicate in Finnish.

 

Suppliers

The LHS has right to use suppliers, subcontractors and third parties when delivering the Services.

 

Services outside of Package Travel

In case a service (e.g. tour and/or activity) will be reserved as an individual service separate from a reservation of package travel and separate from conclusion of a Contract  in the website, in the Customer service or from a staff, the services reserved are not part of package travel and it’s a question of a separate Contract. A reservation of a service (e.g. tour and/or activity) in a described situation will not be governed by Package Travel of EU-directive 2015/2302 and LHS is not responsible of a proper performance of these travel services. In case of problems a Consumer must contact to the one who has performed the services.

 

Applicable Law and Jurisdiction

The Contract shall be governed by and construed in accordance with the Finnish Law, which is the applicable law for all matters arising out of or in connection with the Contract.

If a dispute concerning a package travel contract or another contract cannot be settled between the Parties, a Consumer has the right to refer the case to the Consumer Disputes Board (kuluttajariita.fi/en) for resolution. A Consumer wishing to refer a case to the Consumer Disputes Board must first contact the Consumer Advisory Services (kkv.fi/en/consumer-advice/). A traveller can also file a civil suit in the local District Court of the provider of the services (District Court of Lapland).

In case an Orderer is a corporation and a dispute cannot be settled between the Parties, a dispute shall be settled in the local District Court of the provider of the services (District Court of Lapland).

 

Severability

If any part, term or provision of the Contract is partly or wholly held invalid, illegal or unenforceable, the validity or enforceability of other provisions, extent part and remainder of the Contract shall remain in full force and effect.