1. APPLICABLE LEGAL REGULATION
These General Conditions are subject to the provisions of the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16; Law 7/1998, of April 13, on General Contracting Conditions; Law 34/2002, of July 11, on information society and electronic commerce services; and Decree 13/2011, of February 25, which establishes the general provisions necessary to facilitate the freedom of establishment and provision of tourist services, the regulation of the responsible declaration, and the simplification of administrative procedures in tourist matters. These General Conditions will be incorporated, signed by the contracting parties, into all combined travel contracts whose object is the programs/offers contained in the program/brochure and bind the parties, with the particular conditions that are agreed upon in the contract or that appear in the travel documentation provided simultaneously with the subscription of the contract.
Both Arctic Yeti EHF Kennitala: 681111-2040, Postholf 121 – 101, Reykjavík, Iceland. License CICMA 2680 as a Wholesale Agency, and those local operators represented by it as a Retail Agency will be considered “Organizers”. It is considered that the combined trip will begin on the date and place where the services provided by the Organizer begin. Air, land or sea transport services, as well as previous or subsequent accommodation services, not contracted to the Organizer, will be considered as separate services when acquired through the Agency, being at the traveler’s expense and risk.
Registration for a trip will be formalized with 40% of the amount of said trip as a reservation. In the event that the operator requires other amounts or even full payment in advance, Arctic Yeti EHF will request such amounts from the traveler. Once the travel contract is formalized, the remaining amounts will be requested, including airport taxes where applicable and all types of extras contracted before the trip departure. Upon receipt of the last payment from the traveler, the vouchers and travel documentation will be delivered, which must be made at least seven days before the departure date. If the total price of the trip is not paid under the conditions indicated, it will be understood that the traveler withdraws from the requested trip, with the conditions provided in section 6 of these general conditions being applicable. The accepted payment methods are VISA, MasterCard, and bank transfer.
The price of the trip includes everything specified in the “includes” section of the Technical Data Sheet of the trip and the current VAT in cases where it must be applied.
- The Combined Travel price does not include: Visas, airport taxes, and/or entry and exit fees, vaccination certificates, “extras” such as coffees, wines, spirits, mineral waters, special dietary regimens – not even in cases of full or half board, unless expressly agreed otherwise in the contract -, laundry and ironing of clothes, optional accommodation services, and in general, any other service not expressly mentioned in the “The combined travel price includes” section or not specifically detailed in the program/offer, in the contract, or in the documentation provided to the traveler upon signing.
- Optional excursions or visits. In the case of optional excursions or visits not contracted at the source, it should be noted that they are not part of the combined travel contract and are governed by their own terms and conditions. Such excursions will be offered to the traveler independently, with their possible realization not guaranteed until the time of contracting.
- Special offers: When contracting the combined trip as a result of special offers, last-minute or equivalent, at a price different from that expressed on the website, the services included in the price are only those specifically detailed in the offer, even if such offer refers to any of the programs described on the website, provided that such reference is made exclusively for general information purposes of the destination.
The prices of the trips advertised on any platform owned by Arctic Yeti EHF are based on exchange rates, taxes, fees, transport rates, and fuel costs applicable at the date of the program/brochure or web publication. Any price variation of any of these elements could lead to a revision of the trip price, at the latest 20 days before the start of the trip.
In the event of an upward revision of the trip price, exceeding 8% of the total price of said route, the traveler may withdraw from the trip without any penalty.
5. MODIFICATIONS BY THE ORGANIZER
If, before the departure of the trip, the Organizer is forced to significantly alter any of the essential elements of the trip, they must immediately notify the traveler, either directly or through the Retail Agency. In this case, the traveler will have the option to cancel the contracted trip without any penalty or accept the new proposed conditions. The traveler must communicate their decision to the Retailer or, where appropriate, to the Organizer within three days of being notified of the modification. If the traveler does not notify their decision in the indicated terms, it will be understood that they opt for the termination of the contract without any penalty.
If during the trip, the agency cannot provide any of the contracted services, the amount of such activity will be refunded, or an attempt will be made to find a service with similar characteristics. If the traveler continues with the solutions provided by the Organizer, it will be considered that they tacitly accept such proposals.
If the traveler voluntarily chooses not to participate in any activity, the company will not refund any amount in any case.
The routes described in the programs can be carried out in the directions shown in the technical sheets or in any other direction.
In cases where the Organizer conditions, and expressly specifies, the viability of the combined travel offer to have a minimum number of participants and that number is not reached, resulting in the cancellation of the trip, the user will have the right exclusively to the refund of the total price or the amounts advanced, without being able to claim any amount as compensation, as long as the Agency has notified them in writing at least 20 days in advance of the scheduled start date of the trip.
Weather conditions in the Arctic and limited infrastructure and capacity (especially in Greenland) can result in transportation delays, leading to interruptions, limitations, or itinerary changes.
This could result in additional expenses for food, accommodation, and/or transportation, not included in the program. These expenses will be fully borne by the traveler.
6. CANCELLATIONS / MODIFICATIONS BY THE TRAVELER AND/OR TRIP CANCELLATION
- In case of cancellation, there are minimum management fees of €80 that will be borne by the traveler.
- When canceling a trip, the traveler must bear in mind that there are costs assumed by the agency for payments to suppliers that in most cases may be non-refundable, such as payments for certain accommodations, excursions, or issuance of airline tickets. In these cases, the aforementioned expenses must be fully borne by the traveler.
- In case of withdrawal, percentages will be applied to the total amount of the trip depending on when it occurs and is communicated to the agency:
- From two months to 15 days before departure: 5%
- From 14 to 3 days before departure: 10%
- In the 48 hours prior to departure: 25%
- If the traveler does not show up for departure, at the agreed point and time, or without the necessary documentation, the traveler is obliged to pay the total amount of the trip, paying, if applicable, the outstanding amounts.
The combined trip traveler may transfer their reservation to a third person, requesting it in writing at least 15 days in advance of the trip’s start date, unless the parties agree on a shorter term in the contract. The assignee must meet the same requirements as the assignor, generally required for the combined trip, and both will be jointly liable to the Travel Agency for the payment of the trip price and the additional justified transfer costs. In those cases of seat transfer where the airline ticket has been issued, notified to the traveler, the agency will not be obliged to cover the costs of changing the ticket holder or a new purchase of air services. The joint parties of the transfer must cover the issuance of the new airline tickets. Reservation modification: Any change and/or modification requested by travelers once the reservation process has started (agreed or not) will incur management fees ranging from €30 to €55, depending on the destination.
7. CANCELLATIONS BY THE AGENCY: FORCE MAJEURE
Force majeure is understood as those circumstances beyond the control of the party invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence. The agency may cancel the departure of a trip due to force majeure; the traveler will be entitled to a refund of the amounts paid, except for management fees and expenses that have been communicated as non-refundable (payments for certain accommodations, excursions, or issuance of airline tickets, etc.) In no case will the cancellation of an activity or trip result in the return of an amount greater than the cost of the activity or trip itself, nor will it generate an obligation to compensate on the part of the organizer. In case of impossibility to continue the trip due to force majeure, the Organizer will assume the cost of the necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveler. The traveler will not be entitled to any refund or compensation.
8. OBLIGATION OF THE TRAVELER TO REPORT ANY NON-COMPLIANCE IN THE EXECUTION OF THE CONTRACT
The traveler is obliged to report any non-compliance in the execution of the contract, preferably “on-site” to the Organizer’s representative at the destination, as stated in the travel documentation, or, otherwise, as soon as possible, in writing or in any other form that provides proof, to the Organizer or the Retailer and, if applicable, to the service provider in question. Accommodations do not accept complaints once the property has been vacated, so the user and traveler are advised to communicate in writing to the property any non-compliance or deficient service on-site before checking out.
9. LIMITATION OF ACTIONS
The limitation period for actions arising from the rights recognized in the consolidated text of the General Law for the Defense of Travelers and Users and other complementary laws is two years, as established in Article 164 of Royal Legislative Decree 1/2007.
General: The Organizing Travel Agency and the Retailer selling the combined trip will be jointly liable to the traveler and user, based on the obligations corresponding to their respective scope of combined trip management, for the proper fulfillment of the obligations arising from the contract, regardless of whether they must execute them themselves or other service providers, and without prejudice to the right of the Organizers and Retailers to act against such service providers. The Organizer states that it assumes the functions of organizing and executing the trip. Organizers and Retailers of combined trips will be liable for damages suffered by the traveler as a result of non-performance or poor execution of the contract. Such liability shall cease when any of the following circumstances occur:
- That the defects observed in the execution of the contract are attributable to the traveler.
- That such defects are attributable to a third party unrelated to the provision of the services provided for in the contract and are unforeseeable or insurmountable.
- That the aforementioned defects are due to force majeure, understood as those circumstances beyond the control of the party invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence.
- That the defects are due to an event that the Retailer or, where appropriate, the Organizer, despite having exercised all necessary diligence, could not foresee or overcome, and there is sufficient cause.
However, in cases of exclusion of liability due to the occurrence of any of the circumstances provided for in numbers 2, 3, and 4, the Organizer and the Retailer who are parties to the Combined Travel Contract will be obliged to provide the necessary assistance to the traveler in difficulty.
Limits of compensation for damages: Regarding the limit of compensation for damages resulting from non-compliance or poor execution of the services included in the combined trip, the provisions of the current regulations applicable in this matter shall apply. As for damages that are not bodily, they must be proven by the traveler. Under no circumstances will the Agency be responsible for accommodation, maintenance, transport, and other expenses arising from delays in departures or returns of transport means due to force majeure. When the trip is made by any land transport means contracted by the Organizing Agency directly or indirectly, in case of an accident, the traveler must submit the relevant claim against the transport entity to safeguard, if applicable, the compensation from its insurance, being assisted and advised free of charge in their procedures by the Organizing Agency.
Responsibilities of the Airlines: The passenger holding their corresponding airline ticket may demand directly from the airline that transports them, the fulfillment of their obligations in the event of “overbooking”, severe delays, loss of luggage, etc., in accordance with Regulations (EC) Number 889/2002 and 261/2004.
11. DELIMITATION OF COMBINED TRAVEL SERVICES
Air travel: For air travel, travelers should arrive at the airport at least two hours before the official departure time, and in all cases, they should strictly follow the specific recommendations indicated in the travel documentation provided when signing the contract.
When contracting individual services, travelers are advised to reconfirm flight departure times 48 hours in advance.
Regular IATA airlines unilaterally require the abandonment of the usual issuance of airline tickets with their coupons and Transportation Contract conditions, forcing us to use their electronic e-tickets, whose data is indicated with their locator on a simple anonymous sheet.
Hotels and other accommodations: The quality and content of the services provided by the accommodation will be determined by the official tourist category, if any, assigned by the competent body of its country. Information about the category of accommodations will be provided in the brochure using the star classification, even if it is not the current one in the specific country, so that travelers can more easily orient themselves about the services and categories of establishments, always knowing that such classification only responds to the assessment made by the Organizer. Given the current legislation on the matter, which establishes only the existence of single and double rooms allowing a third bed to be placed in some of these latter rooms, it will always be assumed that the use of the third bed is done with the knowledge and consent of the people occupying the room. This tacit estimation derives from the fact of having been previously warned, as well as being reflected as a triple room in all reservation forms provided to the traveler when paying the deposit, in the contract, and the tickets and/or travel documentation delivered simultaneously when signing it. Likewise, in cases of double rooms for use by up to four people, with four beds, when specified in the program/brochure offer.
In some cases, there is the possibility of providing cribs, which must be requested by travelers before finalizing the contract and, unless expressly mentioned, are not included in the price.
The usual schedule for check-in and check-out at accommodations depends on the first and last service the user will use. As a general rule and unless otherwise expressly agreed in the contract, rooms can be used from 3 pm on the day of arrival and must be vacated by 12 noon on the day of departure.
When the contracted service does not include the permanent accompaniment of a guide and in the event that the user foresees their arrival at the reserved accommodation on different dates or times than those mentioned, it is advisable, to avoid problems and misunderstandings, to communicate as soon as possible such circumstance to the Organizing Agency or directly to the accommodation. The accommodation service implies that the room is available on the corresponding night, regardless of whether, due to circumstances of the combined trip, the check-in time occurs later than initially planned.
In certain cases, due to the early hour of a transfer to the airport or vice versa, it is possible that breakfast, lunch, or dinner service may not be used on the day of such transfer, which will not entitle a refund.
The Organizer informs the traveler that the accommodation service will be provided in one of the establishments indicated in the program/offer or in another of the same category and area, and that the circuit itinerary may be developed according to one of the options indicated in the program/offer. In the aforementioned cases, if the traveler accepts this formula before entering into the contract, such indefiniteness will not constitute a modification of the contract.
Vehicles: On circuits, vehicles may vary in their characteristics depending on the number of participants. If a departure does not reach a sufficient number of travelers, a smaller capacity vehicle than originally planned may be used. In any case, the design, structure, comfort, and safety of the transport vehicle may not adhere to Spanish standards and regulations but to those specific to the travel destination country.
In “self-guided” programs that involve vehicle rental, it will always correspond to the contracted category or higher, but it may not be exactly the same model that appears in the budget or technical sheet.
12. PASSPORTS, VISAS, AND DOCUMENTATION
All users, without exception (including children), must have their personal and family documentation in order, be it a passport or ID, according to the laws of the country or countries being visited. It will be up to them, when trips require it, to obtain visas, passports, vaccination certificates, etc. If a visa is denied by any Authority for user-specific reasons, or entry into the country is denied due to a lack of required documentation, or because they are not carrying it, the Organizing Agency disclaims all responsibility for such events, and any expenses arising from them will be borne by the traveler. Travelers are also reminded, especially those of non-Spanish nationality, to ensure before starting the trip that they have met all the visa requirements to be able to enter all the countries they will visit without problems. Minors under 18 must carry a certificate endorsed by the competent authorities in anticipation that it may be requested by any authority.
The traveler’s luggage and other personal belongings are not subject to the Combined Travel Contract, understanding that they are transported by the traveler at their own risk. The Agency is not obliged to respond to any type of incident or its consequences related to luggage. Transport companies (air, sea, river, land, rail, etc.) may respond to the traveler in accordance with the clauses of the Transport Contract that constitutes the Passenger Ticket. A contract that is established exclusively between said Company and the traveler, and to which the Organizing Agency is not a party. If your checked luggage is lost or arrives damaged, fill out the P.I.R. (luggage damage report) before leaving the airport. Likewise, in accommodations, they will be responsible, in accordance with their specific rules, for any incident related to luggage and belongings that occurs during the accommodation period. All travelers are advised to be present during all loading and handling of their luggage and to make the appropriate claim to the transport companies or accommodation when observing any deficiency, damage, or disappearance of their belongings.
14. INFORMATION THAT THE RETAIL AGENCY MUST PROVIDE TO THE TRAVELER
Travelers are informed that at the time of contract formalization, they must receive from the organizer or the Retail Agency the relevant information about the specific documentation necessary for the chosen trip, as well as advice on the optional subscription of insurance that covers cancellation costs and/or assistance insurance that covers repatriation costs in case of accident, illness, or death; and information on the probable risks inherent to the destination and the contracted trip, in compliance with the General Law for the Defense of Consumers and Users. For this purpose, it is recommended to consult the Ministry of Foreign Affairs, which provides specific recommendations by destination through the Internet (http://www.mae.es) or another means.
The validity of the program/brochure will last until December 31 of each current year, except in those programs where other dates are specified.
The date of price calculation is November 30 of each year, applying the applicable foreign currency exchange rate and the service rates stipulated at that time for calculations.
16. CLAIMS AND ACTIONS ARISING FROM THE CONTRACT
The Combined Travel Contract is governed by what is agreed upon by the parties, what is established by these General Conditions, and what is provided for in Royal Decree Law 1/2007 of November 16.
Arctic Yeti EHF is not attached to any arbitration system of the Consumer Boards.
In the case of administrative claims, they must be processed through the General Deputation of Madrid, the Competent Body in tourism matters in our case since the registered office of Arctic Yeti EHF is located in Reykjavík, Iceland.
In the case of legal actions arising from the Combined Travel Contract, they prescribe within two years from the day the trip ends; express submission to the jurisdiction of the courts of Madrid.
Edition date: January 2022.
Arctic Yeti EHF Kennitala: 681111-2040 Postholf 121 – 101, Reykjavík, Iceland. +354 773 70 31