General Contract Terms
1. Making a booking
When you make your booking you accept for yourself, and in the case of bookings for more than one person on behalf of all such people, the terms of these booking conditions and pay the appropriate deposit required. You further accept responsibility for all monies subsequently due and payable for the booking. A contract between us will exist only after we a) recieve a completed and signed Booking Form b) issue our confirmation invoice and c) the required deposit has been paid. Thereafter such contract is governed by English Law and both parties submit to the exclusive jurisdiction of English Courts for any determination of same.
2. Paying your balance
The balance of the price of your tour must be paid at least ten (10) weeks before your departure date. If the balance is not paid on time we reserve the right to cancel your tour, retain your deposit, and apply the cancellation charges set out in paragraph 4 below.
3. Amending your booking
If, after our confirmation has been issued, you wish to change to another of our tours or change the departure date, we will endeavour to make any such change, provided the request to do so is received in written form from the person who signed the booking form. This must be accompanied by a payment of £25 to cover our administration costs. Alterations cannot normally be made within ten weeks of departure and any such request for an alteration will be treated as a cancellation of the original booking and subject to the cancellation charges set out in paragraph 4 below. Please note that certain travel arrangements cannot be changed after a reservation has been made and any alteration will then incur a 100% cancellation charge and be treated as a new booking.
4. Cancelling your booking
You may cancel your booking at any time either in respect of yourself or any members of your party providing such cancellation is made by the person signing the Booking Form and is received by us in writing or by e-mail and its receipt acknowledged by us. As bookings incur administrative and non recoverable costs, we will retain your deposit and apply cancellation charges up to the maximum amounts (s) shown below.
|PERIOD BEFORE DEPARTURE WITHIN WHICH WRITTEN CANCELLATION IS RECEIVED BY US||AMOUNT OF CANCELLATION CHARGE SHOWN AS A MAXIMUM PERCENTAGE OF THE TOUR PRICE|
|More than 71 day||Deposit only|
|within 35 days||100%|
5. Problems abroad
If you have a problem whilst travelling with us, please raise it with the relevant supplier (e.g. hotelier, safari operator, etc.) in the first instance, who will endeavour to put things right on our behalf. If your complaint is not then resolved locally, please write or e-mail us at ScanAdventures, 22 Wenlock Road, London N1 7GU within 28 days of your return home giving your booking reference and other relevant information to help us identify the problem(s) you encountered. We recommended you communicate any complaint to the supplier of the service in question, make and keep a written account of having done so. If you fail to do so we will have been deprived of the opportunity to rectify your complaint in situ and this may affect your rights under this contract.
We reserve the right to alter the prices of any arrangement featured in our printed material or on our website. You will be advised of the current price of the arrangement you wish to book before your contract is confirmed. Changes in transportation costs, including fuel costs, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked, but there will be no change within 30 days of your departure.
However we will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, excluding insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission if applicable. If this means that you would have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another arrangement if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should the price of your arrangement decrease due to the changes mentioned above, (by more than 2% of your invoice paid) then any refund due will be paid to you. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to our contractual arrangements.
Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. The reference exchange rates used for pricing travel arrangements covering the period 01/01/2017 – 01/12/2017 are: EUR 1.15, NOK 10.43, SEK 11.21, DKK 8.79, ISK 137.6 [Source IG closing monthly MAT Rate & Iceland Central Bank Mid-Rate 02/01/2017].
7. Cancellation and variation to arrangements
It is unlikely that we will have to make any changes to your arrangements, but they are often planned many months in advance. Occasionally therefore changes occur, but most are minor, and we will advise you or your travel agent at the earliest possible date. Flight timings and carriers in the brochure are subject to change as a result of airline procedures. Final details will be shown on your tickets and/or in the accompanying documentation. If a major change becomes necessary, we will inform you or your travel agent as soon as reasonably possible if there is time before departure. When a major change occurs (such as the alteration of your outward/return flights by more than 12 hours, changes of hotel or a reduction in the standard of accommodation), provided it does not arise from circumstances amounting to force majeure (see below), you will have the choice of either accepting the change, taking another available arrangement from us, or cancelling your arrangement and receiving a full refund. In the interests of our clients, we reserve the right to cancel itineraries, or to substitute alternative accommodation, if the arrangement, unamended, would then in our opinion suffer, or be in some way impracticable. However, in no case will we cancel your arrangement less than six weeks before the scheduled departure date except for reasons of force majeure or failure on your part to pay the final balance (circumstances amounting to force majeure include war, the threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, or withdrawal of suppliers facilities) In circumstances where we are unable to provide the arrangement booked, we will return to you all monies paid, or offer an alternative arrangement of comparable standard.
In accordance with EU Regulation 2111/2005 we are required to advise you of the airline operating your flight/connecting flight/transfer which we do by detailing this on your confirmation invoice. Any changes to the airline used after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type and change of accommodation to another of the same standard.
8. Our responsibility & liability
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is attributable to either you or a third party unconnected with the provision of the travel arrangements and where such failure was unforeseeable, unavoidable, unusual or a result of unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness will be limited in accordance with and/or in an identical manner to (a) The contractual terms of the companies that provide the transportation for your travel arrangements and (b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
Although we do not control or operate any airlines, own any coaches, hotels or other facilities mentioned in our brochure, or directly employ staff of those organisations, we do take all reasonable steps to ensure that such organizations maintain standards which are acceptable to us within the bounds of possibility in each locality. No third party has the authority to make, on our behalf, any promise or representation to you concerning our tour or travel arrangements. We do not accept liability for any such arrangements changed without our consent, or make any refund for unused travel, accommodation vouchers or excursion vouchers other than at our absolute discretion. The texts of the transport companies’ contractual terms, or international conventions are available on request.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicized at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the CAA Passenger Advice and Complaints Service at www.caa.co.uk or 020 7453 6888. Additionally we have adopted the travel industry's most stringent recommended terms & conditions ( ABTA & AITO's although we ourselves are not members of those organisations) in relation to our operating standards, pre-travel presentation and surcharges.
9. Assistance whilst travelling
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party connected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
10. Locally booked Excursions & Safaris
For any excursion or safari that you book locally, your contract will be with the operator of that excursion or safari and not with us irrespective of whether the operator is one used by us or not. We do not accept responsible for the provision of any such excursions or tours or for anything that happens during the course of its provision by the operator.
11. Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended) require us to provide security for the monies you pay for any tour(s) booked with us and, in the unlikely event of our insolvency, for your repatriation whilst travelling or abroad on such tour. We provide this security by way of ATOL protection.
When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. For more information about financial protection and ATOL Certificates go to: www.caa.co.uk/ATOLCertificate.
12. Supplier Contracts
Under the terms of the ‘Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992 No 3288) we act in practice and law as Principle, rather than as agent, for any inclusive arrangement you book through us, including any component parts supplied by 3rd parties. We vet, inspect and determine performance standards for all such suppliers many of whom are small artisan ones offering authentic personal experiences. We reserve the right to change such suppliers particularly for weather dependent safaris and when doing so act with your best interests in mind. The terms of all our supplier contracts are confidential and accordingly we are not at liberty to disclose costs or provide any breakdown of our prices and nor do we provide any personal or company details for suppliers in advance of travel.
13. Personal Travel Insurance
It is a condition governing acceptance by us of any booking whether booked directly with us or via a 3rd party such as a Travel Agent that all people governed by it are covered by comprehensive travel insurance comparable in all terms & conditions to that recommended by us on our web site or in any brochure we publish. If you decline to accept our recommended policy covering any arrangements booked through us you agree to indemnify us (the Company) for any costs that might arise which would otherwise have been met had such insurance been in place. For the avoidance of doubt our recommended policy(s) are those recommended by Campbell Irvine Ltd www.campbellirvinedirect.com/scanadventures_home.htm for whom we are an Introducer Appointed Representative.
14. Other terms
The conditions, terms and obligations detailed below under Implied Terms whether featured on our company websites under the heading “the small print” or not, shall be deemed to be included within these conditions. Your contract is with ScanAdventures and is governed by English Law and the exclusive jurisdiction of the English Courts.
The descriptions of areas and hotels on this web site have been compiled as a result of inspection by our staff or agents and checked to ensure they are accurate. However, changes may occur after the date of publication. In addition there may be occasions when accommodation owners, proprietors of facilities etc. may decide to withdraw some of the facilities. These are beyond our control and we therefore reserve the right to change the particulars at any time before we confirm your booking. We will inform you of any such change at the time of booking, or, if you have already booked, you will be contacted before your departure if there is time. Public holidays in destination countries may also affect the availability of area and accommodation facilities.
Certain escorted arrangements require a minimum number of people to enable them to operate. We will check whether these minimum numbers have been reached no later than 6 weeks before the relevant tour departure date. We will inform you immediately if the minimum number necessary has not been reached for any such tour and in that event, reserve the right to cancel the arrangements and refund all monies you have paid us.
If you book your arrangement directly with us we will send all correspondence direct to you. If you make a booking indirectly through a third party or a re-seller such as a travel agent, all communication between you and ScanAdventures must be through that party. Please quote the reference number shown on your invoice in any communication.
Health, visas and documents
a) You must ensure that you and all members of your party have a valid passport and/or visas and any inoculations and health certificates for all countries to be visited. Your passport must be valid for at least six months following arrival in your foreign destination.
b) We will offer reasonable advice as to how to arrange these, but cannot in any circumstances be responsible if you or any member of your party is not permitted to enter any country. You should therefore make necessary arrangements well in advance of your departure date. For FCO advice contact www.gov.uk/knowbeforeyougo
If you have any special request, (e.g. dietary requirements or a need for special assistance), please inform us. We will always do our best to meet such requests but cannot guarantee to do so and under no circumstances will any such request be accepted by us so as to form part of our contractual agreement with you.
Board & transfers
All our arrangements include open style buffet breakfasts and other meals where specifically mentioned (please check the description of board arrangements included in each arrangement). Transfers are included where necessary or where we can organize them economically. Otherwise they are payable locally and by public transport, fly bus service or taxi, for which we provide detailed information.
The nature, style and standard of accommodation we use for our arrangements varies according to country, location and itinerary: please check our thumbnail sketch descriptions provided in each case. In respect of hotels we do not endorse any local star rankings since they do not, in our opinion, provide an accurate reflection of style, atmosphere or location and can often be misleading. Please note the description ‘twin room’ generally refers to a twin bedded room and that ‘shower/WC’ rather than ’bathtub/WC’ is the norm throughout Scandinavia. Some twin hotel rooms can take an extra frame bed but this will invariably result in the room being relatively cramped. In some heritage hotels single rooms (being originally built for servants) may be inferior in standard and location to twin rooms
Climatic Conditions, Natural Phenomena & Wildlife
Many of our tours and arrangements depend for their successful execution on suitable climatic and weather conditions both prior to and during operation. Air temperature, sea state, cloud cover, rainfall, terrain conditions and seasonal migration patterns are just some of the factors that can effect the operation of excursions, the visibility of natural phenomena particularly the Northern Lights and sightings of Arctic wildlife virtually all of which is seasonal & migratory.The descriptive validity of tours and excursion/safari dates are given in good faith based on our past experience and that of our suppliers. However we, or our agents, may have to change itineraries or cancel excursions at any time prior to departure or during a tour and there is no guarantee of specific phenomena occuring or being seen. If we do cancel arrangements, it is with your interests in mind and we regret the necessity of having to point out that we do not accept any liability for compensation in respect of such changes or cancellations.
Temperatures in the Scandinavian countries and Northern Europe can vary considerably from day to day or even in a day and conditions can change unexpectedly and rapidly; the terrain is often hazardous and ground conditions frequently difficult. You should take suitable clothing with these conditions in mind particularly good quality wind/rain proof outerwear; strong walking shoes or boots, gloves and sufficient and varied clothes to enable you to ‘layer up’. Many of our tours, particularly in Greenland, Iceland and Greenland, involve walking or medium grade hiking and you may find it useful to invest in a good pair of boots, broken in well before departure. If you’re in any doubt as to what to take, we’re always happy to talk it through with you.
Your travel documents
We normally send out all your travel documents and itineraries approximately two to three weeks before your departure. PLEASE check them carefully. In some cases, flight timings may have changed from those on your holiday confirmation and the revised/correct ones will appear on your flight itinerary (check the 'my trip' web link) or accompanying documentation.