CONDITIONS OF PURCHASE BETWEEN THE CUSTOMER AND THE SUPPLIER OF EXPERIENCES OR TRAVEL ACTIVTIES.
LAST UPDATED 2022-12-22
This Agreement consists of these conditions of purchase (“Conditions of Purchase”), information provided in connection with the order ("Order Confirmation") and any consents which may have been given by the Customer. These documents constitute the agreement ("Agreement") between the Supplier and the Customer. The Agreement also includes the Supplier’s individual terms and conditions, if any.
Information the Supplier has provided on its website, in catalogues, brochures or similar is part of the Agreement unless it must be assumed to be irrelevant to the Customer's purchase of the particular Product or if such information has clearly been amended prior to the Agreement.
In the event of any conflict between the information contained in the various documents, what has been specifically agreed between the Parties takes precedence, provided that it does not contradict mandatory legislation.
The GOTO platform is operated by GOTO HUB AS (“GOTO”) on the website [saraelv.com]. GOTO shall not be deemed a party to the Agreement between the Supplier and the Customer.
The Conditions of Purchase apply to all purchases of activities, products and/or services (the “Product”) on the GOTO Platform from one or more suppliers (the “Supplier”), confirmed by you as the consumer (“Customer”). The Supplier shall ensure that the Product is delivered to the Customer as agreed and detailed in the Order Confirmation.
The parties to the Agreement are the Customer and the Supplier. An Order Confirmation can have one or more suppliers. The Supplier and the Customer are jointly referred to as the “Parties” in these Conditions of Purchase.
1.2 Entry into force
The Agreement between the Supplier and the Customer take effect upon confirmed ordering of the Product.
2. THE GENERAL DUTIES OF THE ORGANISERS
The Supplier shall ensure that the Product is delivered with the degree of professional skill that can be expected within the same or similar industry.
The Product shall be in accordance with what has been agreed with the Customer and as stated in the Order Confirmation. The Order Confirmation states the time of delivery of the Product (“Time of Delivery”).
If changes to the Product is necessary due to any unforeseen circumstances the Supplier shall to a reasonable extent ensure that the Customer is exposed to the least possible inconvenience.
The Supplier shall, as soon as possible, provide appropriate assistance to Customers in difficulty. Such assistances may be information about available health services, local authorities and consular assistance, and where relevant assistance with finding alternative products. If the reason for such difficulties is caused intentionally or negligently by the Customer, the Supplier may charge a reasonable fee for such assistance.
The Supplier/GOTO shall as soon as possible provide information it understands, or should understand, are of importance to the Customer.
If the Customer notifies the Supplier of a defect in the Product, the Supplier is obligated, within reasonable limits, to rectify the defect without undue delay.
If the Product includes transportation to the place of delivery from another country than Norway, the Supplier shall provide the Customer with general information about any passport and visa requirements which the place of delivery has for citizens of the EU/EEA countries. If applicable and to the extent possible, the Supplier shall also inform the Customer of approximately how long it takes to obtain a visa,.
The Customer is responsible for holding a valid passport, any necessary visas, and other documents necessary to make use of the Product at the place of delivery in accordance with the entry or exit requirements of the relevant countries' authorities.
Prior to entering into the Agreement, the Customer shall be informed by the Supplier of any health requirements necessary or relevant for utilising the Product.
3. CUSTOMER'S GENERAL DUTIES
The Customer is obliged to:
- (a) familiarize themselves with these Conditions of Purchase and any conditions published by the Supplier on the GOTO Platform, in its catalogue or otherwise.
- (b) pay the agreed Remuneration within the deadline set out in the Conditions of Purchase. Material payment default gives the Supplier the right to cancel the order.
- (c) provide the Supplier with relevant information that the Customer understands or should understand is of material importance for the delivery of the Product. Anyone who orders on behalf of others is obligated to provide correct and relevant information in relation to these. The Supplier is not responsible for problems arising from incorrect personal information or special requirements relating to accessibility of the Customer. The person ordering a Product on behalf of others is obligated to ensure that the conditions set by the Supplier for the Product are followed.
- (d) notify the Supplier without undue delay, if the Customer discovers a defect in the Product. If the defect is detected after the Product has been used, the Customer must as far as possible make the complaint at the delivery site.
- (e) verify that the Order Confirmation and other documentation are in accordance with the order and that the provided personal information is identical to the Customers valid identification papers.
- (f) obtain documentation necessary to make use of the Product, as well as take out the insurances that the Customer feels it needs. The Supplier has the right to reject the Customer if relevant documentation has not been provided where necessary for the delivery of the Product.
- (g) comply with the Suppliers rules and regulations as presented prior to entering into the Agreement, as well as, comply with any regulations set by other subcontractors, rules of any carriers and local authorities. Further, the Customer shall comply with the instructions gived by the Supplier about the time and place of delivery etc., as well as, any mandatory orders by a transport manager in connection with unforeseen events during the trip.
- (h) act in such a way that the Customer is not a nuisance to others or creates safety or practical problems for the Supplier. The Supplier has the right to reject the Customer if the Customer's conduct or condition makes it obvious that the Customer cannot meet the requirements of the Agreement.
The Product can only be purchased by Customers who are 18 years of age or older. Guardians of minors may purchase a Product to be used by minors. It will be stated in the Product's description on the GOTO platform if the Product has a minimum age requirement.
5. USE OF SUBCONTRACTORS
The Supplier reserves the right to use subcontractors (either independent or related companies) when delivering the Product.
6. PRICE AND PAYMENT
The price of the Product shall be in accordance with the description in the Order Confirmation (“Remuneration”).
The Remuneration shall include all indirect taxes, fees and/or direct taxes the Norwegian authorities may impose on the services covered by the Agreement. Furthermore, the Remuneration shall include any supplements for special wishes the Customer may have included with its order or other benefits the Supplier has consented to as part of the delivery of the Product.
The price for any cancellation protection and/or travel insurance is not included in the Remuneration and is not covered by this clause.
Payment shall be made at the time of ordering the Product, unless otherwise agreed in the Confirmation of Order.
6.3 Late payment
In the event of late payment, the Supplier reserves the right to claim interest in accordance with the Late Payment Interest Act of 17 December 1976 No. 100, with the addition of any debt collection and recovery costs.
The Supplier may require that a reasonable deposit is made by the Customer.
Where the Supplier can document that the delivery of the Product incurs special financial obligations before the Time of Delivery, the deposit may be increased by this documented amount.
7. THIRD-PARTY CLALMS
The Customer shall indemnify the Supplier for any third-party claims in connection with the use of the Product. The Customer agrees to indemnity the Supplier of any liability (including legal costs) incurred by the Supplier in connection with any claim by anyone else regarding the Product that the Supplier has delivered to the Customer.
If the Supplier can be held liable pursuant to the Package Travel Act, the liability under the Agreement is limited to three times the total price of the package trip cf. Section 33 (2) of the Package Travel Act. These limitations of liability do not apply to personal injury or damage caused intentionally or negligently.
8. CANCELLATION BY THE CUSTOMER
8.1 Ordinary cancellation within the deadline
The Customer has the right to cancel the Product up to 4 weekss prior to the Time of Delivery, unless otherwise agreed or described in the tourtext
In the event of cancellation, the Remuneration shall be refunded in full, unless otherwise agreed.
8.2 Cancellation in extraordinary circumstances
Notwithstanding the above, the Customer has the right to cancel the Product and receive a refund in case of inevitable or extraordinary circumstances such as acts of war, natural disasters, dangerous infectious diseases or other similar events which will affect the delivery of the Product or any transport associated with such delivery.
The Customer's knowledge of the relevant circumstances, including whether the Customer has been made aware of and has accepted the relevant circumstances of the Product, may be relevant when assessing whether the circumstance is considered inevitable or extraordinary.
8.3 Cancellation after the deadline
If the Customer cancels the Product after the deadline as per clause 8.1, the Customer will not receive a refund of the Remuneration. If the Customer has bought a cancellation insurance, ref. clause 11, the Customer may be able to recover whole or parts of the Remuneration paid from the insurance company depending on the terms and conditions of the insurance cover.
The Customer is obligated to notify the Supplier of the cancellation as soon as possible.
8.4 Transfer of the Product
The Customer has the right to transfer the Product to someone else who meets the conditions for making use of the Product. This presupposes that the Supplier or GOTO is notified within reasonable time before the Time of Delivery and that the Supplier and/or the Suppliers subcontractors are not bound by any rules prohibiting such transfer.
9. CANCELLATION BY THE SUPPLIER
9.1 Too few sold products
The Supplier may cancel delivery of the Product if the number of sold products or occupancy rate the Supplier has set in its individual conditions for carrying out the delivery of the Product is not met.
The cancellation deadline must not be set shorter than:
- 20 days before the Time of Delivery if the Product has a duration of more than 6 days
- 7 days before the Time of Delivery if the Product has a duration between 2 and 6 days
- 48 hours before the Time of Delivery if the Product has a duration of less than 2 days
Written notice of such cancellation must have been received by the Customer prior to the expiry the deadline. The Supplier is obligated to notify the Customer of the cancellation even after the expiry of the deadlines. In the event of cancellation within the deadlines, the entire Remuneration shall be refunded without undue delay.
9.2 Hinderance beyond the Supplier’s control
The Supplier may cancel the delivery of the Product without liability, if the Product cannot be delivered due to inevitable and extraordinary circumstances and the Customer is notified of the cancellation without undue delay. Such obstacles may, under the circumstances, be war or acts of war, natural disasters, dangerous and infectious diseases, or other equivalent events.
If the Product is cancelled before the Time of Delivery due to obstacles beyond the Supplier’s control, the Supplier is obligated to refund the Remuneration to the Customer immediately. Alternatively, the Customer may be offered a product of equivalent or higher quality free of charge if the Supplier can offer this. If the Customer is offered an alternative product of lower quality than agreed, the Customer shall be given an appropriate price discount.
Pursuant to the same conditions as mentioned in the first paragraph of this clause, the Supplier will not be liable if the Product becomes defective or must be interrupted as a result of such obstacles occurring after the Time of Delivery. If the duration of the Product is shortened by the Supplier or the Customer due to such circumstances, the Customer will be entitled to a proportionate price discount. To the extent possible, the Supplier is obligated to eliminate any risks to or disadvantages for the Customer. If the delivery of the Product is interrupted, the Supplier is obligated to transport the Customer back to the agreed place at no cost and with the least possible inconvenience to the Customer.
If the Supplier fails to return transport or postpones this unnecessarily and the Customer must arrange the return transport himself, the Supplier is responsible for any additional expenses incurred by the Customer as a result of this.
9.3 The Supplier’s right to change the Product’s specifications or conditions after the date of the agreement
The Supplier may not change the Agreement or the Product's specifications to the disadvantage of the Customer after the date of the Agreement, unless the Supplier has reserved the right to change such specifications, and this is expressly stated in the Agreement.
The Supplier is obligated to notify the Customer in writing as soon as possible if the Supplier wants to change the specifications or conditions according to this clause.
At the same time, the Supplier shall inform the Customer of the Customer's right to cancel the purchase if the changes mean that the Product will have significant defects in the hands of the Customer after the change, or the right to demand a price discount if the Product becomes defective. If the Customer has not invoked this right within three days of notification of the change, the Customer loses the right to cancel the purchase or demand a price discount. If special circumstances result in the deadline not being met, the Customer is obligated to notify the Supplier as soon as possible and within a reasonable time.
10. LIABILITY AND COMPENSATION
10.1 Defects prior to the Time of Delivery
The Customer may cancel the Agreement prior to the Time of Delivery if it is clear that the Product will have significant defects.
The same applies if the conditions of the Agreement change, and the change is of significant disadvantage to the Customer. Price increases of more than 8 % should always be regarded as a significant disadvantage. In such case, the Customer shall notify the Supplier of the cancellation within a reasonable time. Unless special reasons indicate differently, such notification should be given no later than one week 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 the Remuneration, as well as, any compensation pursuant to the provisions of Section 29 of the Package Travel Act, if applicable.
Alternatively, the Customer is entitled to a product of equivalent or higher quality if the Supplier can offer this. If the proposed alternative products are of lower quality than agreed, the Customer shall be given a reasonable discount.
If the Supplier cannot offer such a replacement product, the Customer may purchase a product that corresponds to the original Product within reasonable limits and hold the Supplier responsible for any additional costs associated with this purchase in accordance with ordinary tort law. If such a coverage purchase is significantly more expensive than the price of the original Product, compensation can normally not be expected.
10.2 Defects after the Time of Delivery
The Product has a defect if is not delivered or if it is delivered with defects unless the missing delivery or defect is caused by the Customer or circumstances due to the Customer.
If the Customer discovers a defect and want to file a complaint, such complaint must be filed without undue delay.
The Customer has the following rights in case of a claim about defects after the Time of Delivery:
The Customer may require the Supplier to remedy the defect if this can happen without unreasonable cost or inconvenience to the Customer. The remedy must take place within a reasonable deadline set by the Customer. If the defect is not remedied within the deadline, the Customer can remedy the defect and claim the necessary expenses reimbursed.
If the Customer rejects to remedy the defect, or if the Customer fails to file the complaint to the Supplier so that the remedy can take place, the Customer loses the right to make further claims.
b) Alternative travel services
The Customer may require the Supplier to offer an alternative product if a significant part of the Product cannot be delivered. The Supplier shall, if possible, offer an alternative product of equivalent or higher quality at no additional cost. If the proposed alternative products have a lower quality than agreed, the Customer shall be given a reasonable price discount. The Customer may only reject the offer if the alternative products are not comparable to that provided by the Order Confirmation, or if the price discount is insufficient.
c) Price discounts
If the defect is not remedied, the Customer is entitled to an appropriate discount for the period the Product has been defective.
If the Product has a defect that significantly affects the delivery of the Product and the Supplier has not remedied the defect or offered alternative product, the Customer may cancel the Agreement and claim back the value of the undelivered Product.
If the Product contains a transport element, the Customer is entitled to return transport back to the place of delivery or other agreed place if the Customer cancels the Agreement pursuant to this clause. The provisions in clause 9.2., 3rd paragraph apply in the same way.
If the Product is defective and this causes the Customer to suffer losses, the Customer may claim compensation from the Supplier.
Notwithstanding the above, the Supplier will not be liable to pay compensation to the Customer if the Supplier can prove that the defect is caused by inevitable and extraordinary circumstances.
The right to compensation also does not apply if the defect is due to a third party not related to the delivery of the Product, and the defect could not be foreseen or avoided.
Where transport law restricts the scope or conditions of compensation from a carrier, the same restrictions apply to the Supplier.
10.3 Compensation restrictions
Where the Supplier’s liability is not already limited under applicable transport legislation, the Supplier may limit the compensation in the Agreement, but not less than three times the Remuneration.
The limitation does not apply to personal injury or damage caused intentionally or negligently by the Supplier.
10.4 Relationship to other transport law legislation
The Customer's right to a price reduction or compensation does not limit the Customer's rights under other applicable transport legislation. Price discount and compensation pursuant to the Package Travel Act and compensation pursuant to other transport legislation shall be deducted from each other, so that the Customer is not given excessive compensation.
The Customer can make his claim for a price discount or compensation to the Supplier. Any claims against the carrier (e.g. the carrier) pursuant to other transport legislation (including standard compensation pursuant to the EU Regulation on the rights of air passengers) must be directed to the carrier.
Regardless of whether the Supplier is liable for damages based on the above, the Customer is obligated to use best endeavors to limit the losses. Compensation cannot be claimed for loss or damage resulting from the Customer's own negligence or circumstances due to the Customer.
Regarding the relationship with EU Regulation 2004-261 (Delays, cancellations and overbookings), reference is made to the specific provisions, which can be found at this address: https://lovdata.no/static/SF/pdf/32004r0261.pdf.
In the event of delays, cancellations and/or overbooking, the rules that follow from the above EU regulation apply.
Any claims pursuant to this Regulation must be directed to the carrier.
Where the EU Regulation gives the passenger the right to terminate the contract of carriage, this does not apply to the other part of the Product unless the defect is of such a nature that the conditions for canceling the purchase of the Product are present, cf. clause 10.
Minor delays will usually not give the Customer a right to cancel the Product. If the Customer chooses to cancel the purchase of the Product pursuant to the provisions of the EU Regulation, but the conditions for cancelling the purchase of the Product pursuant to the Package Travel Act are not present, the Customer shall have only refunded the part of the Remuneration relating to the carriage. The Supplier is obligated to make the Customer aware that a full refund of the Remuneration will then not take place.
10.5 The following conditions are not normally considered to be defects in the Product pursuant to clause 10:
a) Deviations from expectations the Customer has had and that have not been created by the Supplier, such as other standards at the destination or other destination conditions, provided the conditions the Customer complains about must be considered “common” at the place of destination.
b) Abnormal weather and other nature conditions the Supplier did not have or should have knowledge of.
c) Circumstances the Customer must expect may arise from time to time and that are beyond the Supplier’s control or that do not differ from what is deemed provided in the Agreement. Change of place of residence due to overbooking shall not be regarded as "foreseeable deviations".
d) Delays during transportation or changed departure times/arrival times, when the stay at the destination is not shortened by more than a maximum of 6 hours when the Product has a duration of less than 5 days, or 8 hours when the Product has a duration between 5 and 8 days, or a maximum of 12 hours when the Product has a duration of more than 8 days. If the delay/change in departure/arrival times is due to measures taken by the aviation authorities, exceptional weather conditions, congestion in the airspace or other similar conditions the Supplier or the carrier cannot affect, the aforementioned deadlines will be extended by a factor of two. The fact that the circumstance is not described as defect pursuant to this clause does not prevent the Customer from receiving the assistance and any compensation the Customer is entitled to under the mentioned EU regulations.
e) Deviations from the agreed due to the Customer's own circumstances.
The Customer may choose to take out a cancellation protection or cancellation insurance from an insurance company, which, for example, ensures the Customer in the event of sudden and serious illness, loss or damage to assets or other unexpected or serious incidents. What specifically such insurance covers will be stated in the individual insurance certificate. If such insurance is not taken out, the Customer is encouraged to bring a European Health Insurance Card or equivalent.
Changes to state or private regulations relating to Covid-19 measures that cause delays or other deficiencies in relation to the Product shall not be deemed a breach of the Agreement for the Supplier.
13. DISPUTE RESOLUTION
The Agreement shall be governed by and construed in accordance with Norwegian law.
Any dispute between the Parties related to the Agreement shall be resolved through negotiation.
In the event of a complaint, the Customer will be made aware of the complaint procedure, and that if the Customer's complaint/claim is not accepted by the Supplier or if the Parties do not agree, the matter can be brought before the Complaints Board for Package Travel (the Package Travel Board) or other dispute resolution body.
The EU complaints portal can also be used if the Customer wants to lodge a complaint. This is particularly relevant if the complainant is a consumer resident in another EU/EEA country. The complaint is filed here: http://ec.europa.eu/odr
If the Parties do not agree on a dispute resolution pursuant to the above, the dispute shall be dealt with in accordance with Norwegian law by the Norwegian courts.