Travel Terms and conditions
A. General – the parties and the contents of the travel package contract
Parties to the travel package contract
Your travel package contract ("the travel package contract(s)" or "the travel terms and condition(s)" etc.) have been entered into between you as the traveller (hereinafter "traveller", "customer", "you", etc.) and Havila Kystruten Operations AS, 6092 Fosnavåg, Norway, Org. No. 918 458999 as organiser (hereinafter "Havila Kystruten", "organiser", "agent", etc.). The traveller and Havila Kystruten may also be referred to hereinafter as "parties" or "the parties".
Content of the travel package contract
This travel package contract is based on the descriptions, information and provisos contained in the brochure and/or the website for your trip (see also Part C, Item 2 below) and consists of the customer's acceptance of our General Travel Terms and Conditions (Part C), Havila Kystruten's regulations for our voyages at sea (Part B) and any individually agreed written terms between the passenger and Havila Kystruten.
Relationship to the Norwegian Package Travel Act and the Norwegian Maritime Code - exceptions to the Package Travel Act
Havila Kystruten voyages are regulated by our General Travel Terms and Conditions. The terms and conditions apply only to package travel that falls under Section 1 of the Act relating to package travel and travel guarantees etc. of 15.6.2018 (the "Package Travel Act"). However, customers covered by Section 2 of the Package Travel Act and/or travel entirely or mainly in connection with business operations, business activities, research or professional competitions, etc. fall outside the General Travel Terms and Conditions and the Package Travel Act. Travel that is not defined as package travel follows the provisions of the Norwegian Maritime Code; see separate terms and conditions. For the sake of clarity, it should be noted that the Package Travel Act also does not apply to passengers who have only booked travel without accommodation or other services.
B. Regulations for passengers on Havila Kystruten's sea transport
- Pets: Unfortunately, pets are not allowed in either the cabins or in the communal areas of our ships. If you wish to travel with animals, please contact Nor Lines for transport. Exceptions may be granted for passengers who require assistance, e.g. a guide dog or service dog. We ask passengers who need to bring an animal to contact [contact info] to clarify whether they can bring an animal with them.
- Dietary requirements/allergies: All our food will be allergen labelled, so you can see and decide what you can or cannot eat. If you have allergies, please contact us [ contact info] before departure.
- Excursions: A voyage with Havila Kystruten may offer spectacular natural experiences such as encountering wild and domesticated animals, the Northern Lights, snow and other elements. These are matters beyond our control, and we do not guarantee that you will have such natural experiences on your voyage or during excursions. See the General Travel Terms and Conditions in Part C for details, including Item 8.5.
- Conduct on board: It is important for the safety and well-being of all passengers on board the ship that you conduct yourself properly while you are our guest. This also includes passengers for whom you are responsible, e.g. children. We have the following guidelines for conduct on board, see the Code of Conduct for passengers on board the ship below.
Code of Conduct for passengers on board the ship
- Your physical or mental condition, conduct and attitude should not endanger yourself, your fellow passengers, crew or the ship.
- You are responsible for informing yourself about, paying attention to and following the safety measures that apply on board. You must comply with the rules and notices issued by the crew at all times, both in the terminal and on board the ship.
- The captain or members of the crew on board can enforce rules that are deemed necessary to maintain the safety and well-being of both passengers and crew.
- Cooking in cabins is not permitted. The use of household appliances such as irons is also not permitted.
- Alcohol that a passenger has brought with them may not be consumed on board, either in your own cabin or in the communal areas. Violations of this rule entail an additional fee of NOK 2,500 per person present in the cabin when the alcohol is consumed.
- We may deny you boarding at any time during the voyage if your conduct is not in accordance with our rules. We may also ask you to leave the ship if you do not comply with our safety rules and requirements. Should you be ejected from the ship, you will be responsible for any costs incurred. Reference is also made to Items 7.2 and 8.4 of the General Terms and Conditions and Chapter 15 of the Norwegian Maritime Code, including Section 408 of the Norwegian Maritime Code concerning the passenger's duties, where the passenger has a duty to comply with the regulations relating to order and safety on board.
- If you or your vehicle causes damage in any form to Havila Kystruten's property, we reserve the right to recover damages. You, or your insurance company, will be held liable.
- Smoking, including e-cigarettes, is not permitted in any of our cabins. Smoking on board is only permitted in designated areas. These areas will be signposted. Smoking outside marked areas incurs a fine of NOK 2,500. Disposing of cigarette butts in the sea is forbidden. Think of the environment, and use an ashtray.
- The use of drones is not permitted on board.
- Passengers are not permitted to bring firearms, or other weapons, on board our voyages. This also applies to other dangerous goods that may pose a safety risk to people and property.
Special warnings and rules
C. General Travel Terms & Conditions
Before a booking is confirmed, you and others travelling with you must read and familiarise yourselves with our written travel terms and conditions; see Part A above. These written terms and conditions supersede any oral agreements or promises. If you believe that parts of these terms and conditions are in conflict with previous oral agreements, please contact us for written clarification. Havila Kystruten would like to point out that the parties cannot enter into an oral agreement regarding changes either. Any such change to these written terms shall be in writing and signed by the CEO of Havila Kystruten. As a rule, if you do not agree to these terms and conditions, you cannot travel with Havila.
1. Entering into the contract and payment terms
1.1 Booking procedure
The contract between us is entered into when we have confirmed your booking in writing to you or your travel agent. Havila Kystruten is then responsible for carrying out the travel arrangement to the extent covered by the travel package contract, and you as the customer will be responsible for payment in accordance with the applicable travel terms and conditions. This also includes payment for any additional services that you and/or your travel group have booked (e.g. flights, travel insurance, excursions or other activities), but Havila Kystruten is only responsible for carrying out the parts of the travel package covered by the travel package contract.
1.2 Group booking
1.3 Deposit and outstanding balance
Havila Kystruten may require payment of a deposit when booking or before a contractual due date (see table below). The deposit shall be paid in the manner stipulated in this travel package contract and in the information you have previously received, and within the deadline. If the contractual amount has not reached Havila Kystruten two days after the due date, Havila Kystruten may either i) cancel the travel package contract unless the customer can document that payment has been made before the due date, or ii) cancel the booking, retain the deposit and impose a cancellation fee in accordance with the cancellation policy stated in Item 5.2 (see table below for details).
Once Havila Kystruten has received your deposit, we will send confirmation of the amount paid, and you are responsible for reading and correcting any errors. Any changes or cancellations made at a later date to booked events may incur additional charges. If the trip is booked via a tour operator/travel agent, all communication regarding the booking of your holiday must go through them, and the tour operator/travel agent is also responsible for ensuring that communication is sent and received as agreed.
Payment of outstanding balance
At the time of booking, 20% of the total amount is paid as a deposit
The remaining balance is due 42 days prior to the sailing date
N/A (100% of the total amount is paid at the time of booking)
N/A (100% of the total amount is paid at the time of booking)
N/A (100% of the total amount is paid at the time of booking)
N/A (100% of the total amount is paid at the time of booking)
- Unless otherwise agreed in writing, the deposit will not be refunded to the customer upon cancellation.
- If the organiser has payment obligations to its providers/subcontractors that are due earlier, Havila Kystruten reserves the right to seek payment of deposits and remaining balances at an earlier date and also other/higher amounts than in the table above (for example, but not limited to scheduled flights with associated payment obligations for the organiser, hotels requiring non-refundable advance payments, special onshore events such as excursions, courses, etc.).
- In connection with booking, clear information will be provided in your individual travel terms and conditions about when the deposit and remaining balance are due.
2. What the contract covers
In addition to what follows from Part A, the travel package contract includes booking and confirmation, travel documents or similar documents, as well as any additional services that are included in the travel package in accordance with a written agreement between the parties. Otherwise, the travel package contract also includes Havila Kystruten's individual terms and conditions, insofar as these deviate from the general terms and conditions in Part C.
Furthermore, information provided by Havila Kystruten on its website, in catalogues, brochures, etc. is part of the travel package contract unless they must be assumed to be of no significance to your purchase of the travel package. The information is also not considered part of the travel package contract if it has been changed in a clear manner prior to entering into the contract; see also Item 6.4 below.
In its information, Havila Kystruten shall draw attention to the possibility that the information may be changed before a travel package contract is entered into. See also Items 6 and 8 below for more details.
3. The price of the voyage
3.1 The price
The price of your voyage is stated in NOK (Norwegian kroner) or in your confirmed currency, including any additional bookings, and shows the total price including all charges, fees and taxes. Havila Kystruten offers flexible pricing, which means that the prices can change during the season depending on demand, season, type of cabin, vehicle, etc. We reserve the right to change prices prior to booking if a price is obviously incorrect due to typographical errors, system errors or similar circumstances. In addition, we reserve the right to increase prices after entering into the contract in the following circumstances:
- changes in the price of passenger transport due to the price of fuel or other energy sources
- changes in the tax or fee level of the travel services included in the travel package contract, or
- changes in exchange rates that impact the travel package.
If these circumstances result in a lower price, you will be entitled to a corresponding price reduction less administration costs.
The price change will be made proportionately in line with the changes that were mentioned, and you will be notified of any price changes no later than 20 days before the start of the travel package. If the price change means that the package price increases by more than 8% of the total price, you can choose to accept the change or cancel the booking without a cancellation fee. If you wish to cancel in the event of a price increase of more than 8%, you must do so within 7 days of receiving our notification of the price change; see also Item 8.1 below.
Havila Kystruten is entitled to demand a deposit if the traveller chooses not to pay the full price of the trip when booking. For more information, see, inter alia, Item 1 and, in particular, Item 1.3 above as well as information in your individual travel terms and conditions.
4. Special conditions relating to the travel package contract
4.1. Cancellation protection and travel insurance
4.1.1 Cancellation protection through a third party (insurance company, etc.)
When booking a trip with Havila Kystruten, you and your travel group must have valid travel insurance that, at least, covers any cancellation of the trip/travel package contract and medical coverage in the event of illness, accident, personal injury and repatriation as well as damage to property/goods. You also have a duty to use your travel insurance before claiming a refund from Havila Kystruten.The cancellation protection must be taken out by the customer together with the travel package itself and ensure, at a minimum, that the customer has the right to be released from the travel package contract in the event of sudden and serious illness in the customer or anyone in the customer's immediate family or travel party or other unexpected and serious incidents; see also Item 5.3 below. You agree and are responsible for ensuring that the insurance covers all your needs, including your existing medical conditions and expenses, cancellation fees and repatriation in the event of an accident or illness. If you have a European Health Insurance Card, this must also be brought along regardless of whether travel insurance has been taken out; see Item 4.2 below. In the event that it is later discovered that you or anyone in your travel group has chosen to travel without adequate insurance or other equivalent cover, Havila Kystruten is not liable for any expenses and losses that may arise and that would otherwise have been covered by such insurance, including consequential loss associated with this.Contact any insurance company to find an insurance policy that suits you and your needs.
4.1.2 Cancellation protection through Havila Kystruten (only if offered)
The organiser must also inform the customer of their right to take out travel insurance with an agent or organiser or possibly with an insurance company, i.e. insurance for loss/damage to luggage, etc. and to cover medical expenses and possible repatriation in the event of an accident/illness. If the travel package contract for purchases is entered into shortly before departure, the information pursuant to the preceding paragraph shall be provided to the extent practicable. If the right of cancellation is an integral part of the organiser's standard terms and conditions, they have a duty to make this clear to the customer.
4.2 Entry regulations
All passengers must be up to date with the current passport, visa, immigration and health requirements required by the country to which you are travelling. It is your responsibility to check that all this is correct at all times with the relevant embassy and/or consulate and doctor. Anyone making a booking for others has a duty to provide correct and comprehensive information about their fellow travellers. Travellers with a foreign passport can obtain the necessary information from the Norwegian Directorate of Immigration (https://www.udi.no/skal-soke/besok-og-visum), or consult the relevant embassy or consulate.If you are travelling through other countries, you are responsible for checking the relevant country's current entry rules and regulations.As an EEA citizen, you can apply for a European Health Insurance Card for travel in the EEA before departure. The European Health Insurance Card states that you are entitled to necessary healthcare cover in another EEA country on the same terms as the country's own citizens. Read more at https://helsenorge.no/turist-i-utlandet/europeisk-helsetrygdkortIf you have not met the applicable entry regulations requirements, Havila Kystruten is not responsible if you are unable to travel or incur other costs. Havila Kystruten will also not be liable for any applicable penalties/fines if you do not comply with such requirements and recommendations.
4.3 Health information
If you, the passenger, or the person you are booking for, have a disability, reduced mobility or, for other health reasons, have challenges that may make the journey slightly more difficult, you must state this when booking. In order to ensure the best possible trip and experience, it is important that Havila Kystruten is informed if you or someone you are travelling with requires assistance. You must make your own arrangements if you require personal assistance, medicine, medical equipment, a standard wheelchair, etc. The captain and personnel on board may refuse equipment that has not been specified at the time of booking or which is considered unsafe for the voyage. If a passenger is refused boarding for safety reasons and/or the passenger does not meet the requirements for travel, Havila Kystruten is not responsible for losses and additional costs incurred by the passenger. Pregnant women are advised to consult a doctor before departure and to have a customised travel insurance policy. We may require a medical certificate as proof of your ability to complete the journey. For safety reasons, the Havila Kystruten cannot allow women who are 24 or more weeks pregnant to travel with us. If we deem it necessary, we also have the right to require the passenger to submit a health questionnaire before boarding.
4.4 Transport information
We only provide transport by our ships, and in some cases transport from the airport to the ship. We have no responsibility for flights in connection with the trip, or for consequences in the event of flight delays.
4.5 The Norwegian Travel Guarantee Fund
Havila Kystruten has provided a statutory guarantee to the Norwegian Travel Guarantee Fund to protect you, the passenger. For more information, please see: https://reisegarantifondet.no.
4.6 Other conditions
Safety is Havila Kystruten's top priority, and the company complies with the current safety requirements laid down by national legislation. During your trip, you must follow the rules set by Havila Kystruten and tour operators. Passengers must follow and respect our code of conduct so that fellow passengers and others are not disturbed. In the event of non-compliance, Havila Kystruten may cancel the travel package contract without the traveller being entitled to a refund or compensation. The captain or other personnel on board have the right to decide to refuse passengers to board or disembark if they believe that passengers are not fit to travel, are excessively intoxicated, are likely to pose a safety risk, they will denied permission to go ashore at a port, etc. The captain and personnel may also drop off passengers at a port, change cabins for passengers, decide on medical assistance and/or transfer to a medical clinic at the passenger's expense and/or decide on repatriation of the passenger. For safety reasons, we are entitled to inspect passengers and their luggage, both at the terminal before boarding and on board the ship. See also the regulations in Part B and other regulations in the travel terms and conditions.
5. The customer's right to cancel or transfer the trip
5.1. Cancellation in the event of extraordinary circumstances
You are entitled to cancel the booking and have the cost of the trip refunded, without any cancellation fee, if at the destination or in the immediate vicinity thereof within 14 days prior to the start of trip, unavoidable or extraordinary circumstances have been noted, such as acts of war, natural disasters, serious infectious diseases, epidemics, pandemics or other circumstances that must be equated with such events and that will affect completion of the journey or transportation of the customer to their destination.The right of cancellation shall also apply if the events arise on or along the route, and they entail a genuine risk to you. Havila Kystruten, on the other hand, will not cover further compensation or compensation beyond the price of the trip. The right to cancel in extraordinary circumstances applies only when the Norwegian Ministry of Foreign Affairs advises travellers against travelling to the destination or the immediate vicinity.The right to cancellation under this item does not apply if the customer knew, or should have known, the circumstances when he/she entered into the travel package contract on purchasing the trip.
5.2 Cancellation upon payment of a fee
You can cancel your own booking, or a booking for someone in your group, at any time before your trip starts, upon payment of a fee. Cancellation must be made in writing by e-mail or letter, and must be made by the same person or travel agency who made the original booking. The cancellation will take effect on the day that we receive your written cancellation. As the travel organiser, we incur costs from the day you make your booking until the day of departure. Therefore, the following cancellation fees apply:
In addition, the following cancellation rules apply:
- If the organiser recovers the taxes and duties on behalf of the customer, a reasonable fee may also be charged for this.
- Where the organiser's right to a refund from its subcontractors is limited, the organiser may limit the above refund rules accordingly. In any case, the customer's right of cancellation cannot be limited to a greater extent than the organiser's right regarding its subcontractors.
- If the customer's booking includes several persons and the agreed total price is based on discounts or reductions based on the number of travellers, the basis for such discounts or reductions may lapse if any of the travellers cancel the booking. In the event of such partial cancellation, the organiser shall refund the percentage of the agreed/paid price to those who cancel, and collect any additional cost resulting from the lapse of discounts related to the group size, from the remaining travellers.
If you have booked a double cabin and you cancel for one of the passengers travelling, the cabin price will remain the same.
5.3 In the event of sudden and serious illness or injury - cancellation protection
5.3.1 Cancellation using cancellation protection/insurance
If the customer has taken out cancellation protection/insurance as described in Item 4.1 above, they are entitled to request to be released from the travel package contract if they can document that the conditions for such cancellation have been met. The customer has a duty to notify the organiser of cancellation as soon as possible after becoming aware of the circumstances entitling cancellation pursuant to this item.
5.3.2 The minimum cover that the traveller's cancellation protection should provide
The cancellation protection shall at least give the right to cancel if the customer or the customer's spouse, registered partner, cohabiting partner, children, parents, parents-in-law or siblings are affected by sudden and serious illness, accidental injury or death. The same applies if such circumstances apply to someone with whom the customer is travelling, and it would be unreasonable to demand that the customer then completes the journey without that person. Sudden and serious incidents that affect the customer or their travel companion, and which mean that it is not reasonable to require the customer to complete the trip, are regarded in the same way as the former. Such incidents may include fire or water damage to the traveller's property, etc. It should be noted that the customer is only entitled to cancel for the above reasons if the insured party has first received confirmation that the reason for cancellation is covered by their insurance company.The right under the preceding items presupposes that the traveller was not aware of or ought to have been aware of the circumstances that result in the journey not being undertaken, or that the traveller is not responsible for such circumstances.The customer has a duty to notify the agent or organiser of cancellation as soon as possible after becoming aware of the circumstances that justify cancellation under this item and to obtain sufficient documentation for the illness from a doctor or for the circumstances, e.g. a certificate from a police authority or insurance company.If you or someone in your travel group chooses to travel without insurance, Havila Kystruten is not liable for any expenses and losses that may arise; see Item 4.1 above.
5.3.3 If Havila Kystruten offers separate cancellation protection (only if offered)
If the customer has accepted the organiser's own cancellation protection, 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 protection) without undue delay as soon as the necessary documentation has been provided by the customer, possibly after deduction of a reasonable administrative fee. The prerequisite is that the fee is stated in the organiser's individual terms and conditions or in the insurance document.If the booking includes several travellers, and the total price reflects a discount or reduction based on the total number of travellers, cancellation for one or more travellers may consequently mean that the conditions for the agreed price are no longer applicable. This shall not lead to a price increase for the remaining travellers; it will be covered by the cancellation protection.The organiser has the right to transfer passengers to other accommodation that is more suitable for the size of the remaining group and which otherwise corresponds to the accommodation that was originally booked. The right to such a move is contingent on the move not reducing the content of the chosen travel package or making it no longer possible to fulfil the information provided about the travel package or agreed additional services.
5.4 Transfer of the travel package
You are entitled to transfer the trip to another person who meets our travel terms and conditions, including obligations in Item 4, etc. You must notify us of the transfer at least seven days before departure, and the new passenger must be informed of our travel conditions. The prerequisite is that the organiser and/or subcontractor are not bound by rules prohibiting such transfers. Where the subcontractor accepts name changes, the subcontractor's terms and conditions apply in addition to the travel package contract. You and the person taking over the trip are jointly responsible for paying all amounts, and both agree to be bound by the travel package contract. Some excursions and/or events cannot be changed or transferred and may therefore incur a cancellation fee of up to 100% of the amount paid. We reserve the right to charge an administration fee upon transfer of the trip. The administration fee corresponds to our costs for the transfer. The original customer and the new passenger are jointly liable for this fee and any outstanding amounts for the trip.The organiser's duty to provide information pursuant to the Package Travel Act and these terms and conditions are normally considered fulfilled for the new customer to the extent that the duty to provide information is fulfilled for the person transferring the journey. If additional information needs to be provided, and this is practically possible, the organiser will still have a duty to provide the necessary information for the person to whom the trip has been transferred. The organiser has no responsibility if the person to whom the trip has been transferred is not satisfied with the requirements set by the country of entry.
5.5 Changing your booking
If you wish to make changes to your booking (e.g. request a change of travel date, destination, hotel, etc.), fees will be charged according to the table and the information below.
In addition, the following change policies apply:
- Changes must be made with the party from whom you booked the trip. Havila Kystruten will not process change requests from passengers if the trip is booked through an agent or other party. Changes must be made directly with your contractual party.
- If taxes and charges are levied on the organiser as a result of the change, a reasonable fee may also be charged for this.
- Where the organiser has a limited right to make changes with our subcontractors, the organiser may limit the above change policies accordingly.
- If the customer's booking includes several persons and the agreed total price is based on discounts or reductions based on the number of travellers, the basis for such discounts or reductions may lapse if any of the travellers cancel the booking.
In the event of misuse of the right to change your ticket (e.g. misuse of discounts, promotions, etc.), Havila Kystruten is entitled to cancel the booking and/or consider the change as a new booking.
6. The organiser's right to cancel or change the trip without liability
6.1. Insufficient passenger numbers
6.1.1 The ships
The Havila Kystruten ships will sail irrespective of the number of passengers.
6.1.2 Excursions and events, etc.
The organiser may change or cancel individual excursions if the required number of places or occupancy rate set by the organiser in their individual conditions as conditions for cancelling the excursion (i.e. too few participants) are not sold. Read more about excursions on havilavoyages.com. The organiser has a duty to notify the customer of any change/cancellation in accordance with this item as soon as possible. In the event of cancellation in accordance with this item, all amounts paid by the customer for the individual excursion must be refunded as soon as possible, less any fees. Havila Kystruten accepts no responsibility for any pricing or printing errors in information from our subcontractors.
6.2. Circumstances beyond the control of the organiser ("force majeure"), etc.
6.2.1 Force majeure
If, after entering into an agreement, events outside of Havila’s control occur that prevent or make implementation of the agreement unreasonably onerous ("force majeure"), Havila is entitled to cancel or change the trip in accordance with the provisions of this Item 6.2.
Under these terms and conditions, force majeure is considered to include any event outside Havila’s reasonable control, such as, but not limited to, weather conditions that mean that passenger safety cannot be properly ensured, war or acts of war, terror or threats of terrorism, natural disasters, dangerous infectious diseases, epidemics, pandemics, fuel shortages, technical failures that are not due to lack of maintenance, labour conflicts, strikes, lockouts, direct or indirect effects of international sanctions, as well as events mentioned under Item 8.5 below.
6.2.2 Effect of cancellation of the trip before the start of the trip. “Rebooking”.
a. Cancellation: If a force majeure event, as described in Item 6.2.1, prevents the facilitation of a travel package, Havila is entitled to cancel the trip. In the event of such cancellation, Havila shall notify the customer without undue delay. Havila shall, after such cancellation, immediately and no later than 14 days after cancellation, refund prepayments to an account designated by the customer.
b. Rebooking: If travel alternatives are available, the customer will be offered, at no additional cost, to participate in such alternative package travel of equivalent or higher quality. If a travel alternative of lower quality than agreed is offered, an appropriate price reduction will be given. In the event of rebooking, any prepayment will not be refunded, except for the amount that constitutes a possible price reduction in accordance with the previous point.The customer can only reject the proposed alternative travel services if they are not comparable to what is stated in the travel package contract, or if the price reduction is insufficient.Havila is not responsible for any losses and additional costs incurred by the customer beyond what is stated in this provision.
6.3 Effect of cancellation after the start of the trip
If, after the trip has commenced, an event occurs that means that the trip cannot be carried out as agreed, the customer will be entitled to a proportional price reduction. The price reduction shall be paid to the account designated by the customer without undue delay. As far as possible, the organiser is obliged to eliminate any risks or inconveniences to the customer.
If the trip is interrupted, the organiser is also obliged to arrange transport of the customer back to the agreed departure port at no additional cost to the customer. The time of return will depend on an assessment of the actual conditions at the place, including the actual risk and/or disadvantages that a continued stay represent. Statements from the Norwegian and local authorities shall be referenced in this assessment. If the organiser fails to provide return travel home or defers this unnecessarily and the customer has to make their own arrangements, the organiser is responsible for any necessary and documented additional expenses that the customer incurs as a result of this.
If a force majeure event prevents repatriation under the package travel agreement, the organiser shall, as a general rule, bear the costs of necessary and, if possible, equivalent accommodation for the traveller for a period of no more than three nights. Havila is not responsible for any losses and additional costs incurred by the customer beyond what is stated in this provision.
6.4 Reservations regarding changes prior to entering into the contract
Prior to entering into a travel package contract with the customer, Havila Kystruten reserves the right to make changes to the stated information and contract terms, including prices; see also Item 2. At any time, it is the current information on our website that applies to your booking. Therefore, it is your duty to familiarise yourself with updated information on our website before booking. Havila Kystruten further presupposes that you allocate sufficient time between arrival and departure times for your other accommodation and transport bookings (e.g. flights, trains, hotels, etc.) so that you take into account any sailing delays that can be expected. Havila Kystruten is not responsible for any additional expenses incurred as a result of such delays. Havila Kystruten disclaims liability for any printing or typing errors.
7. The parties' obligations
7.1. The organiser's/agent's obligations
Havila Kystruten shall complete the voyage in accordance with that which has been agreed with you. Nevertheless, if unforeseen circumstances make changes to the voyage necessary, Havila Kystruten shall, to a reasonable extent, ensure that you are subjected to as little inconvenience as possible.
The organiser shall provide appropriate assistance to travellers in difficulties as soon as possible. The assistance shall consist of providing appropriate information about health services, local authorities and consular assistance, and where relevant, assisting in finding alternative travel services. The organiser may charge a reasonable fee for such assistance if the difficulties are due to the intentional or negligent actions of the traveller.
The travel organiser/agent must inform the traveller as soon as possible of any circumstances they understand or should understand are important for the traveller.If the traveller points out a deficiency during the trip, the organiser has a duty to do what is reasonably possible to rectify the deficiency as soon as possible.
7.2 Your obligations
You have a duty to familiarise yourself with these general terms and conditions or the terms and conditions that Havila Kystruten has published on its website, in its catalogue or in another manner.
a) Payment: You have a duty to pay the agreed amount by the deadline set out in the terms and conditions. A material payment default will entitle Havila Kystruten to cancel the booking.
b) Information: You have a duty to provide Havila Kystruten with the relevant information that you understand or should understand is of material significance to the completion of the travel package. Those who book for fellow travellers also have a duty to provide correct and relevant information in relation to this. The organiser is not responsible for problems arising from personal data or special needs of fellow travellers not being correctly provided. Anyone who books a travel package on behalf of others has a duty to ensure that the person(s) who are to participate in the travel package can comply with the regulations set by the organiser, and that the travel package in question is such that the traveller(s) can participate without subjecting themselves or others to stress/strain. You are otherwise obliged to comply with the organiser's requests to read the organiser's e-mail, text messages, notices, information on TV screens in cabins, and, if necessary, visit the information desk or reception.
c) Complaints: You have a duty to notify Havila Kystruten without undue delay if you discover any deficiency that will grant them rights under Items 8.1 or 8.2 a)–e). You must immediately report this on board or to another relevant contractor so that they can immediately try to remedy the situation. If the deficiency is discovered after the travel package has started, you must, as far as possible, lodge a complaint on site.
d) Documents, etc.: You have a duty to verify that tickets and travel documents are in accordance with the booking and that each traveller’s name corresponds with that stated in their passport. You have a duty to bring a valid passport, any visa/health certificates, tickets, reference numbers and other documents that may be required for travel. You have a duty to obtain such documents as may be necessary for the individual trip, and take out any insurance that you deem necessary. The organiser has the right to reject a traveller if the necessary documents are not provided.
e) Consideration for fellow travellers, etc.: You are further obliged to comply with the organiser's own provisions (including regulations and the instructions given while sailing) as well as regulations issued by hotels and other subcontractors and local authority regulations. You must also comply with the instructions Havila Kystruten issues concerning arrival times, place of arrival, etc. during the trip as well as any instructions that the carrier or transport provider may issue in connection with unforeseen incidents during the trip. The individual participant in the trip must not act in a way that causes a nuisance to their fellow travellers or creates safety or practical issues 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 are unable to fulfil the requirements set out in this item.
f) Return journey, etc. (if air travel is included in the travel package): You are obliged to comply with any provisions set by Havila Kystruten regarding confirmation of return tickets on scheduled flights. Havila Kystruten refers, among other things, to your obligations regarding a sufficient time buffer in Item 6.4 above. If this is not done, use of the reserved seats cannot be expected. You are further obliged to keep yourself informed of any changes in the departure time by contacting the travel organiser or the travel organiser's representative if you have distanced yourself from the travel company or otherwise made yourself/been unavailable in the 24 hours before the scheduled departure. See also the information in Item 7.2 b).
g) Consequences of breaches: A gross breach of these provisions after the matter has been reproved gives Havila Kystruten the right to deny you further participation in the trip. If a passenger is refused boarding for safety reasons and/or the passenger does not meet the travel requirements, Havila Kystruten is not responsible for losses and additional costs incurred by the passenger. The customer may be held liable for losses or additional expenses incurred by the organiser in the event of a gross breach of the above provisions. The customer is responsible for damages and losses, etc. in accordance with normal tort rules. We also refer to the regulations under Item B above.
8. About deficiencies
8.1. Deficiencies prior to departure
You can cancel the travel package contract before the start of the travel package if it is clear that the travel package will have significant deficiencies.
The same applies if the contractual terms and conditions change and the change will represent a significant inconvenience for the customer. Price increases of more than 8% must always be regarded as a significant inconvenience. In such cases, the customer must notify the organiser of the cancellation within a reasonable time. Unless special reasons dictate, such notification should be given no later than seven days after notification of the change was received, or as soon as possible if notification is received shortly before departure. The customer is then entitled to a full refund of all amounts paid in accordance with the rules in Section 29 of the Package Travel Act. If we do not receive a response within seven days via the agreed communication channel (the traveller is also obliged to regularly check the spam/junk folders in their e-mail inbox), the traveller is deemed to have accepted the price increase as a new and amended travel package contract.
Alternatively, the traveller is entitled and obliged to participate in another travel package, of equivalent or higher quality, if the organiser or the agent can offer this. The traveller can only reject the proposed alternative travel services if they are not comparable to that in the travel package contract, or if the price reduction is insufficient. If the proposed alternative travel services result in a travel package of lower quality than agreed, the traveller must be given an appropriate price reduction.
If the organiser has unsuccessfully attempted within a reasonable time to offer such a replacement trip, the customer can purchase a trip that corresponds to the original trip within reasonable limits, in a reasonable manner and within a reasonable time, and subsequently hold the organiser liable for any additional costs incurred in this purchase in accordance with normal tort rules. If this replacement purchase is significantly more expensive than the price of the original trip, the traveller cannot normally expect compensation from the organiser.
8.2 Deficiencies following departure
The package travel is deficient when provision of the travel services included in the travel package is incomplete or lacking, and this is not due to any fault or circumstances on your part. You have a duty to give notice of any deficiencies you discover without undue delay. Complaints must generally be submitted at the same time that the deficiency occurs. Eligible complaints for deficiencies following departure entitle the customer to the following:
a) Remedy: You may require Havila Kystruten to remedy the deficiency if this can be carried out without unreasonable cost or inconvenience to you. Remedial action must be taken within a reasonable deadline set by the customer. If the deficiency is not remedied within the deadline, the traveller may remedy the deficiency themself and claim for reimbursement of the necessary expenses. If you refuse rectification that will remedy the deficiency, or, where possible, fail to make a complaint to the organiser or the organiser's representative so that rectification may occur, you will lose the right to further claims.
b) Alternative travel services: You can demand that Havila Kystruten offer an alternative travel service if a significant part of the travel services cannot be delivered according to the travel package contract. The organiser shall, if possible, offer an alternative travel service of equivalent or higher quality at no additional cost. If the proposed alternative travel services result in a travel package that is of lower quality than agreed, the traveller must be given an appropriate price reduction. The traveller can only reject the offer if it is not comparable to that stated in the travel package contract, or if the price reduction is insufficient. If unavoidable and extraordinary circumstances make repatriation under the travel package contract impossible, the organiser shall bear the cost of necessary accommodation for the traveller for a period of no more than three nights.
c) Price reduction: If the deficiency is not remedied, you are entitled to an appropriate price reduction for the time that the deficiency in the travel package persists.
d) Cancellation: If the travel package has a deficiency that affects completion of the travel package to a significant degree and Havila Kystruten has not remedied the deficiency or offered alternative services, you may demand cancellation of the travel package contract and a refund of the value of the undelivered travel services. If the customer cancels the travel package contract in accordance with this provision, the customer is entitled to free transport back to the departure point or other place where the trip should have been concluded, if the travel package includes transport. The rules in the third paragraph of Item 6.2. similarly apply.
e) Compensation: If the travel services included in the travel package are deficient and mean a financial loss for you, you are entitled to claim compensation from Havila Kystruten in accordance with Sections 32 and 33 of the Norwegian Package Travel Act. Havila Kystruten's liability under the aforementioned act will lapse if Havila Kystruten can prove that the deficiency is due to unavoidable and extraordinary circumstances or circumstances as mentioned under Item 8.5 below. The right to compensation also does not apply if the deficiency is due to a third party who is not associated with the delivery of travel services included in the travel package contract and/or if the deficiency could not be foreseen or avoided. Where transport law limits the scope or terms of compensation from a carrier, the same limitations apply to the organiser. Havila Kystruten limits its liability to the maximum amount that the carrier or hotel in question would have had a duty to pay in accordance with international conventions, EU/EEA regulations or other national or international regulations.
8.3 Limitations on compensation
Where Havila Kystruten's liability to pay compensation is not already limited under other transport law, Havila Kystruten limits compensation in the travel package contract to a maximum of three times the total price of the travel package (excluding insurance premiums and change fees). The limitation does not apply in the event of personal injury or damage caused by the intentional or negligent actions of Havila Kystruten's senior employees.
8.4 Other applicable transport law
The customer's right to a price reduction or compensation does not limit the customer's rights under other transport law, unless such limitation already follows national or international rules and conventions. Price reductions and compensation in accordance with the Package Travel Act and compensation pursuant to other transport law shall be deducted from each other, so that the customer is not given too much compensation. The customer is not entitled to have the same claim covered twice and must disclose whether the claim has also been reported and processed by the insurance company before the claim is submitted to the organiser or provider. If Havila Kystruten pays compensation, we have the right to deduct any amounts that you have received or are entitled to receive from the provider of the deficient travel service (e.g. hotel or aviation provider) to which the claim applies.
The customer can direct their claim for a price reduction or compensation to the organiser of the travel package for claims covered by the travel package. Any claim against the carrier (e.g. the airline) under other transport law (including standard compensation under the EU Regulation on Air Passengers' Rights) must be directed to the carrier.
Regardless of whether the organiser is liable in accordance with the above, the traveller is obliged to limit the loss to the fullest extent possible. Compensation cannot be claimed for loss or damage caused by the traveller's own negligence or circumstances.
Additional restrictions on sea voyagesIn addition to the limitations that have been mentioned, Havila Kystruten's liability in connection with sea voyages will also be limited by relevant international conventions, EU regulations and national rules such as Chapter 15 of the Norwegian Maritime Code and the Athens Convention; see Section 418 of the Norwegian Maritime Code.Additional restrictions on loss of goods, etc.Havila Kystruten is not responsible for valuables (including cash, securities, jewellery, watches, etc.). Havila Kystruten may limit liability in accordance with the Athens Convention and/or EU Regulation No 392/2009 to the extent that such valuables have been handed in at the reception on the ship for safekeeping and a written receipt has been received.
EU Regulation 2004-261 (Delays, cancellations and overbooking). The provisions can be found here: https://lovdata.no/static/SF/pdf/32004r0261.pdf.
In the event of delays, cancellations and/or overbooking, the rules that follow from the EU's aforementioned regulation will apply. Any claim under this regulation must be directed to the carrier.
Where the EU regulation gives the passenger the right to cancel the transport agreement, this does not apply to the rest of the travel package unless the deficiency is such that conditions for cancelling the purchase of the travel package are present; see Item 8. Minor delays do not usually entitle you to cancel the purchase of the travel package. If the passenger chooses to cancel the purchase of the trip in accordance with the provisions of the EU regulation, but the conditions for cancelling the purchase of the travel package pursuant to the Package Travel Act are not present, the customer shall only be refunded the part of the purchase price related to the transport. The travel organiser has a duty to make the customer aware that a full refund of the travel package price will not then be made.
8.5 The following conditions are not normally deemed to represent a deficiency in the travel package in accordance with the provisions of Item 8.
I. Deviations from the expectations that the customer had and that are not assumed by Havila Kystruten, such as other building standards at the destination or other circumstances linked to the destination, if the circumstances about which the customer is complaining must be regarded as “normal” at the destination.
II. Abnormal weather or other natural conditions beyond Havila Kystruten's control (such as, but not limited to wind speed, wave heights, strong currents, ice conditions, extremely high or low tides or other weather conditions that may cause timetables, sailing routes and ship/ship type to be changed or that ports of call are cancelled/changed), and where the consequences could not have been averted by Havila Kystruten even if all reasonable measures were taken, including proportional financial losses. This applies regardless of Havila Kystruten's knowledge of such circumstances.
III. Conditions that the traveller must assume may arise from time to time and that are outside the control of Havila Kystruten's or do not deviate from what is regarded as having been foreseen in the travel package contract.
IV. Delays during transport or changed departure times/arrival times, when the stay at the destination is not significantly shortened. This does not apply if the delay is due to weather conditions that pose a safety risk to safe travel on the passenger ship.
V. Deviations from what has been agreed that are due to the customer’s own circumstances.
VI. Cancellations or changes to any excursions that you have booked directly from third parties. We are not responsible for the delivery or delay of an excursion or activity or for anything that happens during such an excursion or activity, including delayed arrival at the port of departure which causes you to miss the scheduled ship departure.
VII. Events, weather conditions and force majeure as described in Item 6.2.
VIII. All the images on our website and in our catalogues are either illustrations, authentic or original. On the other hand, we cannot guarantee that passengers will see and experience all animals, natural experiences, sun, snow, Northern Lights, etc.
IX. Havila Kystruten disclaims liability for any printing or spelling errors as mentioned in Item 6.4.
9. Dispute resolution
The parties try to resolve any dispute amicably. Complaints must first be submitted directly to Havila Kystruten. In the event of a complaint, the traveller shall be made aware of the complaints' procedure and any fees incurred in this connection. If the customer’s complaint/claim is rejected by Havila Kystruten, or the parties cannot reach an agreement, the case may be brought before the Norwegian Appeals Board for Package Travel (Klagenemnda for Pakkereiser) https://reiseforum.no or other relevant dispute resolution body.
The EU Online Dispute Resolution (ODR) platform can also be used by the traveller. This is particularly relevant if the complainant is a consumer residing in another EU/EEA country. The complaint should be submitted here http://ec.europa.eu/odr.
This travel package contract is subject to and interpreted in accordance with Norwegian law. Disputes arising out of or in connection with this travel package contract and which are not resolved amicably shall be decided by the courts in Norway unless the parties agree otherwise. The complaint options mentioned above must be used before a lawsuit can be brought before the courts. Oslo District Court is adopted as the agreed legal venue in the event of any court proceedings.