General terms and conditions for tour packages:
The general terms and conditions of the Swedish Travel Agency and the Organizer Association (SRF), dated 28, June, 2018, apply to the travel package. The tour organizer has the right to apply special conditions that differ from the general terms and conditions, if the application of these special conditions is justified by the unique nature of the travel package, specific regulations regarding transportation, or deviations from accommodation conditions due to the special nature of the package or specific circumstances at the destination. However, the special conditions must not conflict with package travel laws and must not cause any harm to the customer.
The general and special conditions are considered part of the agreement.
The Agreement
1. The agreement becomes binding on the parties when the organizer has confirmed the customer’s order in writing, unless otherwise agreed. The organizer must confirm the customer’s order without delay. Right of withdrawal does not apply to package travel agreements.
2. The main customer is the person in whose name the agreement has been concluded. The main customer is listed first in the booking documents or in another clear manner. The main customer is financially responsible according to the agreement. All changes and any cancellations must be made by the main customer. Exceptions can be made if the main customer becomes seriously ill and cannot make the change or cancellation. The main customer is responsible for providing the organizer with correct booking information for other customers covered by the agreement. Any refund will be made to the main customer.
3. If the customer is under 18 years and travels without a guardian, this must be stated at the time of booking. Some packages may require an age limit that may be higher than 18 years. Information is given at the time of booking.
4. The departure and return times in the booking confirmation are preliminary. The organizer must specify the departure times applicable to the trip as soon as possible and, if possible, no later than 20 days before departure.
5. The organizer must provide general information on passport and visa requirements.
6. The organizer must provide general health regulation information for the destination.
7. Connecting journeys or special arrangements are included in the agreement only if these have been booked together and at the same time as the services included in the package, or if these have been sold together with other services for a total price.
8. Any requests or special services at the customer’s request are included in the agreement only if these have been expressly confirmed in writing by the organizer.
9. The customer is obliged to check the booking confirmation/package documents as soon as they are received and that all information is correct, including that names are correctly spelled and coincide with the passport in case of foreign travel. Any inaccuracies must be indicated as soon as possible. The organizer reserves the right to charge a fee equivalent to the actual cost of correcting incorrect information, along with a reasonable compensation for the additional work that the correction entails. If errors are due to the organizer or anyone they have commissioned, correction shall be made without cost to the customer.
10. The main customer must immediately notify the organizer of any changes in address, e-mail address, phone number, or other information of significance for the organizer’s opportunities to contact the customer.
11. For some packages, a minimum number of participants is required for the package to be carried out. The customer must be clearly informed about this no later than at the time of booking.
12. If flight tickets are part of the package, these must be used in the correct order. The customer cannot therefore only use a return ticket when both round-trip tickets have been booked or only part of a flight stretch. If the ticket is not used from the start, the remaining parts are cancelled.
Price and Payment
1. The price should be stated in such a way that the total package price is clearly shown. The price shall include all services included in the contract, as well as mandatory additions, taxes, and fees.
2. The customer must pay the package price no later than the date specified in the contract.
3. The organizer may, in connection with the booking confirmation, collect an initial partial payment (registration fee). The registration fee should be reasonable in relation to the package price and other circumstances.
4. If the customer does not pay the package price in accordance with the contract, the organizer has the right to cancel the contract and charge a reasonable fee.
5. Unless otherwise explicitly stated, the package price is based on accommodation for two people in a shared double room. When accommodating only one person in a double room or larger room intended for more than one resident, the organizer has the right to charge an additional fee.
6. The organizer is also obliged to inform the customer about any additional costs that may be incurred.
Customer’s right to change and cancel
1. The customer has the right to modify the agreement if the organizer permits it. Changes in the agreement may result in additional costs for the customer from the organizer or others.
2. The customer has the right to cancel the package. The organizer reserves the right to request compensation from the customer for the costs incurred by the organizer as a result of the cancellation. The organizer can establish reasonable standardized cancellation fees based on the time of cancellation. If the organizer has not set any standardized cancellation fees, the organizer has the right to a reasonable cancellation fee.
Customer’s right to transfer the contract
1. The customer may transfer the contract to someone who meets all the conditions required to participate in the package. Such a condition may, for example, be that the transport company or other entity appointed by the organizer shall accept the transfer of the customer, in accordance with applicable regulations. The customer must notify the organizer or the reseller of the transfer in reasonable time before the start date or departure of the package. A notification made no later than seven days before departure or start date shall always be considered timely.
2. The organizer may charge a reasonable fee for the transfer. The fee must not exceed the costs incurred by the organizer due to the transfer. The organizer should provide an explanation of how the cost has been calculated.
3. The transferor and the acquirer are jointly and severally liable to the organizer or reseller for any remaining payments for the package and for any additional costs incurred due to the transfer.
Changes before the start date of the package:
1. Change of contract terms: The organizer has the right to make changes to the contract, provided that they inform the customer about the changes in a clear, understandable, and explicit manner through a durable medium. If the change is insignificant, such as minor changes to flight times, the customer is not entitled to a price reduction or compensation. In the case of significant changes to the package, the customer should, if possible, be offered an alternative package or the right to cancel the contract without any cancellation fees.
2. Change of price:
2.1 The organizer may increase the price of the package if the increase is due to changes in fuel costs for flights, taxes and public fees, or exchange rates.
2.2 The price of the package may be increased by an amount equivalent to the customer’s share of the cost increase incurred by the organizer. The right to a price increase exists only if the total cost increase exceeds 100 kronor per booking.
2.3 The price of the package should be reduced if the organizer’s costs, for the reasons stated above, decrease by a total of at least 100 kronor per booking. The organizer may deduct actual administrative costs from the price reduction.
2.4 The organizer should notify the customer of the price changes as soon as possible.
2.5 The notification should include a justification for the change and a calculation.
2.6 The price cannot be increased and does not need to be reduced during the last 20 days before the agreed departure date.
2.7 The organizer may waive the right to increase the price according to 2.1 in their specific terms and conditions. In such a case, the organizer is also not required to reduce the price according to 2.3.
3. The customer’s right to cancel the agreement without cancellation fee
3.1 If the customer wants to cancel the agreement due to a significant change, such as a price increase of more than 8% of the total price of the package, the customer must notify the organizer of the cancellation within a reasonable time specified by the tour operator from the time the organizer informed the customer of the change. If the customer fails to do so, the customer will be bound by the new agreement.
3.2 If the package travel agreement is canceled, the organizer must refund the entire price of the package without undue delay and no later than 14 days after the agreement was canceled.
4. The organizer’s and customer’s right to cancel the agreement in case of unavoidable and extraordinary events
4.1 Both the organizer and the customer have the right to cancel the agreement if the implementation of the package or the transportation of passengers to the destination is significantly affected by unavoidable and extraordinary events at the destination or in its immediate vicinity. Unavoidable and extraordinary circumstances include serious security problems such as war, terrorism, outbreaks of serious illness, or natural disasters. In such cases, the customer has the right to cancel the agreement without paying any cancellation fee. If the organizer cancels the agreement in accordance with this provision, the customer is not entitled to compensation. In such cases, the customer is entitled to a full refund as specified in 3.2.
4.2 The customer does not have the right to cancel the agreement if the unavoidable and extraordinary events were widely known at the time the agreement was concluded.
4.3 To determine if the event is of such a serious nature as indicated above, expert Swedish or international authorities should be consulted. From 14 days before departure, a valid travel warning from the Ministry for Foreign Affairs constitutes grounds for cancellation if the warning covers the time of the traveler’s trip. A valid travel warning from the Ministry for Foreign Affairs is also considered grounds for cancellation if it is otherwise clear that the circumstances underlying the warning will affect or will affect the destination at the time of the traveler’s trip.
Responsibility of the organizer for the implementation of the package
1. Failure to implement
If a service is not carried out according to the agreement, the organizer must remedy the error within a reasonable time. However, the organizer is not obligated to remedy the error if it is impossible or if the remedial action would incur disproportionate costs. If the organizer fails to remedy the error, the customer may be entitled to a price reduction and compensation.
2. Material defects
.2.1 If, after arriving at the hotel or destination, a substantial part of the agreed services cannot be provided, the organizer shall, if possible, arrange equivalent or at least equivalent alternatives without any extra cost to the customer. If the organizer cannot offer this, the organizer may offer alternatives of lower quality combined with a reasonable price reduction. The customer may only reject such alternatives if they cannot be considered comparable to those that would have been provided under the agreement, or if the offered price reduction is considered unreasonable.
2.2 If the organizer cannot offer any alternative or if the customer has the right to reject such alternatives according to 2.1, the customer may be entitled to a price reduction and compensation.
2.3 In the event of defects that substantially affect the implementation of the package and that the organizer has not remedied within a reasonable time, the customer may terminate the agreement and may also be entitled to a price reduction and compensation.
2.4 If the organizer cannot offer any alternative or if the customer has the right to reject such alternatives according to 2.1, or if the customer has terminated the agreement according to 2.3, the customer is entitled to equivalent return transport without undue delay and without any extra cost if the package includes transport and the customer is at the destination.
About price deductions and damages
1. Price deductions are not made if the organizer can show that the error is due to the customer.
2. The customer is not entitled to compensation if the organizer shows that the error is due to the customer or to a third party unrelated to the provision of services included in the package, or if the error is due to unavoidable and extraordinary events.
3. If the error is due to someone the organizer has hired, the organizer is free from liability for damages under these conditions only if the one the organizer has hired would also be free according to the provision. The same applies if the error is due to someone else in a previous stage.
4. The right to compensation because the organizer has cancelled the package does not exist if the organizer shows that fewer people than a minimum number specified in the contract have signed up for the package and the customer is notified in writing within a specified time in the contract that the package has been cancelled.
Notification that a package is cancelled shall be given at the latest
20 days before departure by air or arrival at the hotel if the package lasts longer than 6 days.
7 days before departure or arrival if the package lasts between 2 and 6 days.
48 hours before departure or arrival if the package lasts less than 2 days.
5. Damages according to these conditions include compensation for pure financial loss, personal injury, and damage to property. The customer is obliged to limit the damage as far as possible.
6. Unless another limitation follows from the Package Travel Act or other coercive legislation, the organizer’s liability for damage is limited to three times the package price. This limitation does not, however, apply to personal injury or damage caused intentionally or negligently.
Complaints
1. The customer is only entitled to cite faults in the agreed services if he or she notifies the organizer or the retailer of the fault within a reasonable time after he or she has noticed, or should have noticed, the fault. This should be done as soon as possible and, if possible, at the destination. When determining any price reductions or compensation for damages, the time at which the customer complained about such a notice had meant that the organizer could have rectified the fault is taken into account.
2. Notwithstanding point 1, the customer may cite faults if the organizer or retailer has acted grossly negligently or contravened good faith and honor.
Customer’s responsibility during the trip or hotel stay
1. Organizer’s instructions
The customer is obligated to follow the directions for the package’s implementation given by the tour guide or by another person the organizer employs. The customer is obligated to respect the rules of order applicable to the trip, hotel stay and at the destination, and to act in a way that doesn’t disturb others. If the customer significantly violates this, the organizer can terminate the contract without the customer having a right to compensation or refund.
2. Customer’s liability for damage
The customer is liable for any damages caused by the customer’s negligence to the organizer.
3. Customer’s responsibility for formalities
3.1 The customer is responsible for observing the necessary formalities for the trip or the implementation of the package, such as holding a valid passport, visa, vaccinations, and insurance.
3.2 The customer must have completed check-in for all transport services included in the package in accordance with the travel plan or other instruction from the organizer or transporter.
3.3 The customer is responsible for all costs incurred due to shortcomings in the said formalities, for example, home transport as a result of lack of passport, unless the shortcomings were caused by incorrect information from the organizer or reseller.
3.4 The customer is responsible for partaking in information provided by the organizer.
4. Deviation from the arrangement
A customer who deviates from the arrangement after the trip or package has begun is obliged to inform the organizer or their representative.
The organizer’s obligation to provide assistance
If the customer encounters difficulties during the trip, hotel stay, or any other part of the booked package, the organizer is obliged to provide appropriate assistance without undue delay. Such assistance may include, for example, information about healthcare services, local authorities, and consular support. The organizer has the right to charge a reasonable fee for such assistance if the situation has been intentionally caused or due to negligence on the customer’s part.
Dispute resolution
The parties should attempt to resolve any disputes regarding the interpretation or application of the agreement on their own. If the parties cannot reach an agreement, the dispute can be brought before the General Complaints Board (ARN), Box 174, 101 23 Stockholm, www.arn.se or a general court. A dispute can also be resolved through the European Commission’s online platform: https://ec.europa.eu/odr
Reservation of changes
We reserve the right to make changes to the provided information and the terms and conditions that apply to the package before an agreement is made with the customer. We reserve the right to any printing and typographical errors.