In the event of Your booking a combination of travel services, the arrangement will constitute a package travel as set out in the EU directive 2015/2302. You are thus safeguarded by all EU-rights concerning package travel. Gotland Promotion AB (”GPAB”) will take full responsibility for the proper performance of the entire package.
Furthermore, GPAB provides statutory security by way of refunding all payments made and, where transport is included in the package, ensuring repatriation should GPAB become insolvent.
More information on central rights according to the EU directive 2015/2302: (Link to document ”Central rights according to EU directive 2015/2302).
TERMS & CONDITIONS FOR PACKAGE TRAVEL
For You who have booked package travel with GPAB, the “General Booking Terms for Gotland Promotion AB” (link) apply. Over and above these, the following special conditions apply. In the special conditions stated below, GPAB is referred to as “the organiser” and You as the “traveller” or “travel leader”.
The special conditions are part of the contract and, in the event of any contradictions take precedence over the “General Booking Terms for Gotland Promotion AB”.
1. THE CONTRACT
1.1 The contract will be binding for both parties when the organiser has produced written confirmation of the traveller’s booking, if nothing else has been agreed upon. The organiser will confirm the traveller’s booking without delay. There is no right of withdrawal in travel package contracts.
1.2 The travel leader is the person in whose name the contract is signed. The travel leader’s name shall appear first in travel documents, or will be clearly stated in some other way. All alterations and any cancellations must be made through the travel leader. Exceptions can be made if the travel leader should fall seriously ill and not be able to carry out the amendment or cancellation. The travel leader shall shoulder the responsibility of supplying the organiser with correct booking data for the other travellers included in the agreement. Any refunds will be paid to the travel leader.
1.3 If the traveller is under the age of 18 years and travelling without a guardian, this must be stated at the time of booking. Some packages may require an age limit higher than 18 years. Information will be provided at the time of booking.
1.3.1 For package travel with accommodation the minimum age for those travelling without a guardian is 18 years. For accommodation of larger groups, at least two people must be no younger than 18 years, unless a higher age limit is specified in the accommodation information. ID must be presented on arrival. The minimum age is a requirement for access to the accommodation.
1.4 Outbound and return sailings in the booking confirmation are preliminary. The organiser shall specify the times of departure for the journey as soon as possible and preferably 20 days prior to departure.
1.5 The organiser shall provide general information about passport and visa requirements.
1.6 The organiser shall provide general information on health formalities at the destination.
1.7 Connecting trips or special arrangements are only included in the package deal if these were booked together and at the same time as the services included in the package or if these were sold in conjunction with the other services at a total price.
1.8 Any requests or special services on the part of the traveller will only be part of the contract if these are expressly confirmed in writing by the organiser.
1.8.1 GPAB takes no responsibility for any promises made to You directly by the hotel/proprietor or their representatives without GPAB’s knowledge.
1.9 The traveller is obliged to check the booking confirmation/travel documents immediately upon receipt, and ensure that all information is correct, including correctly-spelled names, which are identical to the names in passports. Any errors must be reported immediately. The organisers reserve the right to charge a fee corresponding to the actual cost of correcting the erroneous data plus reasonable compensation for the work involved. If the erroneous data is the fault of the organiser or a party the organiser has engaged, then the correction will be made without cost for the traveller.
1.10 The travel leader shall immediately inform the organiser of any changes in address, e-mail address, telephone number or other information of relevance for the organiser’s possibility of contacting the traveller.
1.10.1 Any information/messages from the organiser between the time of booking and the completion of the return journey will be sent by SMS or e-mail.
1.11 Some packages require a minimum number of participants. In such cases, the traveller will be informed of this as soon as possible after booking.
1.12 If flight tickets are included in the package, these must be used in the stipulated order. If the first flight on the ticket is not undertaken, the rest of the ticket will be cancelled.
2. PRICE AND PAYMENT
2.1 The price shall be stated so that the total price of the entire package is clear. The price shall include all services included in the contract as well as mandatory additional charges, taxes and other costs.
2.2 The traveller shall pay the price of the package by the final date stated in the contract.
2.2.1 Final payment of the total sum shall be received by GPAB no later than 28 days prior to the start of the package, unless stated otherwise.
2.3 The organiser may request a down payment (deposit) in connection with the booking confirmation. The deposit shall be reasonable in relation to the total price and other circumstances.
2.3.1 The booking of the package shall be confirmed with the organiser by a down payment (deposit). Unless stated otherwise at the time of booking, this will be 10% of the total cost.
2.3.2 The remaining sum shall be received by the organiser no later than 28 days prior to the start of the package, unless other agreements are reached at the time of booking.
2.3.3 Packages booked later than 28 days prior to departure, or bookings of packages including a mini-ticket shall be paid in full immediately.
2.4 If the traveller cannot pay the price of the package according to the contract, the organiser has the right to annul the contract and demand reasonable compensation.
2.5 Unless otherwise clearly stated, the price of the package is based on accommodation for two persons in a shared double room. The organiser has the right to take out an additional charge for accommodation of one person in a double room or a larger room intended for more than one person.
2.6 The organiser is also liable to inform the traveller of any other costs that may be incurred.
2.6.1 The price of accommodation does not include cleaning, bed linen, towels, baby’s cot/high chair, toilet paper, etc, unless stated otherwise. The traveller must therefore clean the property before departure unless another agreement has been reached. If no cleaning has been done, a cost of at least SEK 1,000 will be charged.
2.6.2 Owners of some private units require a refundable damage deposit. You will pay this deposit to the owner on site on arrival. The voucher You receive for Your booked unit states whether or not a deposit is required.
3. THE TRAVELLER’S RIGHT TO ALTERATIONS AND CANCELLATION
3.1 The traveller has the right to make alterations to the contract with the consent of the organiser. Alterations may involve additional costs for the traveller from the organiser or other party.
3.1.1 If a contract is altered by the traveller, such as change of point of departure, date of departure, duration of travel or change of hotel, this will be considered a cancellation and new booking, with prices that prevail at the time of rebooking. A rebooking charge will be taken out in accordance with relevant cancellation terms.
3.2 The traveller has the right to cancel a travel package. The organiser reserves the right to request compensation from the traveller for the costs involved for the organiser as a result of the cancellation. The organiser can set up reasonable standardised cancellation tariffs based on the time of cancellation. If the organiser has not set up any standardised cancellation tariffs, then the organiser has the right to reasonable compensation.
3.2.1 On cancellation of a package, the following cancellation fees will apply.
- Package including the ”mini” ferry ticket
For travel packages including the “mini” ferry ticket, the cost of the ferry ticket will be charged as part of the cancellation fee. In addition, a cancellation fee for accommodation will be charged on a scale relating to period of notice, as follows:
Cancellation fees (does not apply to private cottages, houses, flats or farm cottages)
28 days or more prior to arrival: 10% of the accommodation price, as stated in the booking confirmation.
27-12 days prior to arrival: 25% of the accommodation price, as stated in the booking confirmation.
11-2 days prior to arrival: 50% of the accommodation price, as stated in the booking confirmation.
1-0 days prior to arrival: 100% of the accommodation price, as stated in the booking confirmation.
Cancellation fees for private cottages, houses, flats or farm cottages
29 days or more prior to arrival: 10% of the accommodation price, as stated in the booking confirmation.
28-0 days prior to arrival: 100% of the accommodation price, as stated in the booking confirmation.
Costs for cancellation insurance, alterations, invoicing and booking fees are non-refundable.
- Package including the ”flexi” or ”flexiplus” ferry ticket
For travel packages including the ”flexi” or ”flexiplus” ferry ticket, the cost of the ferry ticket will be charged as part of the cancellation fee if the cancellation is made later than one hour prior to sailing. Packages including the ferry ticket “flexi” will be charged a sum corresponding to the additional charge for the flexi-ticket as part of the cancellation fee if the cancellation is made earlier than one hour prior to sailing. In addition, a cancellation fee for accommodation will be charged on a scale relating to period of notice, as follows:
Cancellation fees (does not apply to private cottages, houses, flats or farm cottages)
28 days or more prior to arrival: 10% of the accommodation price, as stated in the booking confirmation
27-12 days prior to arrival: 25% of the accommodation price, as stated in the booking confirmation
11-2 days prior to arrival: 50% of the accommodation price, as stated in the booking confirmation
1-0 days prior to arrival: 100% of the accommodation price, as stated in the booking confirmation
Cancellation fees for private cottages, houses, flats or farm cottages
29 days or more prior to arrival: 10% of the accommodation price, as stated in the booking confirmation
28-0 days prior to arrival: 100% of the accommodation price, as stated in the booking confirmation
Costs for cancellation insurance, amendments, invoicing and booking fees are non-refundable.
- Package including event or concert tickets
Event and concert tickets will not be refunded if cancelled. On cancellation of packages including event or concert tickets, the price of the event or concert tickets will be charged as part of the cancellation fee.
Charges for cancellation insurance, amendments, invoice and service fees are non-refundable.
3.2.2 Cancellations shall be made immediately by the travel leader to GPAB, tel.no. 0771-223350
4. THE TRAVELLER’S RIGHT TO TRANSFER THE CONTRACT
4.1 The traveller may transfer the contract to someone else as long as that person fulfils all the travel terms and conditions. As an example, one condition could be that the transport company or other sub-contractor of the organiser must accept the change of traveller. The traveller must inform the organiser or retailer of the transfer within reasonable time prior to departure. Notification made no later than seven days prior to departure is always deemed to be reasonable.
4.1.1 For package travel with us, the minimum age for those travelling without a guardian is 18 years. For accommodation of larger groups, at least two people must be 18 or older, unless a higher age limit is specified in the accommodation information. ID must be presented on arrival. The minimum age is a requirement for access to the accommodation. A prerequisite for the transfer of a travel package, which includes accommodation, is therefore that the conditions above are fulfilled.
4.2 The organiser may take out a reasonable transfer fee. The fee may not exceed the costs incurred by the organiser for the transfer. The organiser must state how the cost has been calculated.
4.3 The transferor and transferee are jointly responsible for paying the organiser or retailer for payment of the balance due and for the additional fees arising from the transfer.
5. PRE-CONTRACTUAL ALTERATIONS
5.1 Alterations to the contract terms
5.1.1 The organiser has the right to make an alteration in the contract provided the organiser informs the traveller of the alteration lucidly, comprehensibly and prominently through a durable medium. If changes are insignificant, such as slight changes in flight times, the traveller has no right to any compensation or damages. In the event of significant changes, the traveller should be offered an alternative departure time wherever possible, or be granted the right to terminate the contract without a cancellation fee.
5.1.2 Information on any changes (e.g. in a timetable) shall be sent by telephone, e-mail, letter or SMS to the travel leader, who has a contractual responsibility to inform the other travellers of the change in question. It is therefore of utmost importance that the given information is correct and continually updated, wherever necessary, prior to departure time.
5.2 Alteration of price
5.2.1 The organiser has the right to increase the price of a package if the increase is due to changes in the cost of fuel, taxes and public fees.
5.2.2 The price of the package may be increased by a sum corresponding to the individual traveller’s share of the cost increase which has befallen the organiser. The right to the increase in price is only valid if the total increase exceeds SEK 100 per booking.
5.2.3 The price of the package shall be reduced if the costs of the organiser, for reasons given above, decrease by at least SEK 100 per booking. The organiser has the right to deduct actual administrative expenses from the refund.
5.2.4 The organiser shall without undue delay inform the traveller of any alterations in price. The information shall contain reasons for the change and detailed information on the calculation of the new fare.
5.2.5 The price may not be increased, nor need it be reduced during the last 20 days prior to the contracted departure date.
5.2.6 The organiser can refrain from the right to increase the price as in 5.2.1, which should be stipulated in the Special terms & conditions, and consequently the organiser need not reduce prices as in 5.2.3.
5.3 The traveller’s right to terminate the contract without paying a termination fee
5.3.1 If the traveller wishes to terminate the contract due to significant alterations, such as a price increase of more than 8% of the total price of the package travel, then the traveller must inform the organiser of the termination within the reasonable period following the received information of the alteration, as stipulated by the organiser in the said information. Should the traveller default in this, then the traveller is bound by the new contract.
5.3.2 If the package contract is terminated, the organiser shall refund the entire price of the package without undue delay and in any event not later than 14 days after the package travel contract is terminated.
5.4 The rights of the organiser and traveller to terminate the contract due to unavoidable and extraordinary circumstances
5.4.1 Both the organiser and traveller have the right to terminate the contract if the performance of the contract or transport of passengers to the destination is significantly affected by unavoidable and extraordinary circumstances at the destination or in the close vicinity. Examples of unavoidable and extraordinary circumstances are security issues due to war, terrorism, outbreaks of a serious disease or natural disasters. In such cases the traveller has the right to terminate the contract without paying a cancellation fee. If the organiser terminates the contract for similar reasons, then the traveller cannot claim damages. The traveller in such cases has the right to a full reimbursement as stipulated in 5.3.2.
5.4.2 The traveller does not have the right to terminate the contract if the unavoidable and extraordinary circumstances were common knowledge at the time the contract was concluded.
5.4.3. In order to discern whether the circumstances are of such a serious character as described above, an official expert Swedish or international authority will be consulted. All current discouragement from travel by the UN is deemed as sound reason for termination.
6. THE ORGANISER’S RESPONSIBILITY FOR THE PERFORMANCE OF THE PACKAGE
6.1 Lack of conformity
6.1.1 If any of the travel services are not performed in accordance with the package travel contract, the organiser shall remedy the lack of conformity without undue delay. The organiser is not obliged to remedy lack of conformity if this is impossible or if the remedy entails disproportionate costs. If the organiser does not remedy the lack of conformity the traveller may be eligible for a price reduction and damages.
6.1.2 The traveller cannot claim damages if the organiser can prove that the lack of conformity was due to circumstances outside the control of the organiser, which could not have been foreseen when the contract was concluded and whose consequences could not reasonably have been avoided or overcome.
6.2 Significant discrepancies
6.2.1 Where a significant proportion of the travel services cannot be provided after departure, the organiser shall offer, at no extra cost to the traveller, suitable alternative arrangements of, where possible, an equivalent or higher quality than those specified in the contract. If this cannot be arranged, the organiser may offer an alternative package of lower quality with an appropriate price reduction. The traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or the price reduction offered is inadequate.
6.2.2 If the organiser cannot make alternative arrangements or the traveller has the right to reject the proposed alternative arrangements in accordance with 6.2.1, the traveller may be eligible for a price reduction and/or damages.
6.2.3 Where a lack of conformity substantially affects the performance of the package and the organiser has failed to remedy it within a reasonable period, the traveller may terminate the package travel contract without paying a termination fee and may be eligible for a price reduction and/or damages.
6.2.4 If the organiser cannot offer any alternative or if the traveller has the right to reject the alternatives as in 6.2.1, or if the traveller has terminated the contract as in 6.2.3, then the traveller has the right to return travel with equivalent transport without undue delay and at no extra cost to the traveller if the package includes the carriage of passengers and the traveller is at the travel destination.
7. PRICE REDUCTION AND COMPENSATION FOR DAMAGES
7.1 The traveller will not be entitled to a price reduction if the organiser proves that the lack of conformity is attributable to the traveller.
7.2 The traveller will not be eligible for damages if the organiser proves that the lack of conformity is attributable to the traveller or to a third party not connected with the provision of the travel services included in the package travel contract, or if the lack of conformity is due to unavoidable and extraordinary circumstances.
7.3 If the lack of conformity is attributable to a person the organiser has engaged (provider), then the organiser is not liable to compensation for damages according to these package travel conditions so long as the provider is not liable either, according to the stipulation. The same applies if the lack of conformity is attributable to someone else earlier in the chain.
7.4 The traveller is not eligible for compensation for damages if the organiser cancels a package tour because the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within the period fixed in the contract, but not later than:
•20 days before the start of the package in the case of trips lasting more than 6 days,
•7 days before the start of the package in the case of trips lasting between 2 and 6 days, or
•48 hours before the start of the package in the case of trips lasting less than 2 days.
7.4.1 According to 7.4 above, the organiser has the right to cancel a package without incurring liability to pay damages if the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller in writing according to 7.4 above. If the package, which the organiser has the right to terminate, is part of a series of packages, then the organiser has the right to terminate the other packages, which form part of the series, providing notification is made without undue delay.
7.5 Liability to pay damages according to these conditions is limited to financial loss, personal injury and property damage. The traveller is obligated to resolve the complaint as far as possible.
7.6 If no other limitation ensues, in accordance with the package travel law or other enforceable law, then the organiser’s liability for damages is limited to three times the total price of the package. This limitation does not apply in cases of personal injury or damage caused with intention or through negligence.
7.6.1 Insofar as the laws and other legal matters stipulated in DGAB’s comprehensive carriage regulations limit the traveller’s right to compensation for damage caused by a carrier, the same limitations will be applied regarding the traveller’s right to compensation for damage caused by the organiser.
8. LODGING COMPLAINTS
8.1 The traveller may only forward complaints about lack of conformity in the agreed services if the organiser or retailer is informed of the lack of conformity within reasonable time from when the lack of conformity was or should have been noted. This should be done as soon as possible and, if possible, at the destination. When determining a potential price reduction or damages, the point of time when the traveller lodged the complaint will be noted, taking into consideration whether the organiser may have been able to remedy the lack of conformity.
8.1.1 Any complaints in the course of travel shall be immediately addressed to our customers’ service.
8.2 Notwithstanding paragraph 8.1, the traveller may forward a complaint if the organiser or retailer has acted with gross negligence or contrary to good faith and fair dealing.
9. TRAVELLER’S LIABILITIES DURING TRAVEL
9.1 The organiser’s directives
9.1.1 The traveller is obliged to adhere to the directives for the effectuation of the package given by the tour leader or other person engaged by the organiser. The traveller is obliged to abide by the rules of conduct relating to the package and destination, and to avoid disturbing other travellers or anyone else. If the traveller seriously breaks this rule, the organiser may revoke the contract and the traveller will have no right to compensation or reimbursement.
9.1.2 The traveller and their party must comply with the rules of conduct, directives and stipulations regarding cottage/flat, carriage, etc.
9.2 The traveller’s liability for damage
9.2.1 The traveller is liable for any damage claims incurred by the organiser due to damage caused by the traveller.
9.2.2 Many rental units are private homes. The travellers are liable for all damage to the property and its inventory caused by negligence on the part of the traveller. Booked cottages/flats may not be used for other purpose than what has been agreed in the contract (usually recreation). The traveller may not allow more people to spend the night in the cottage/flat or in the grounds than You stated in the booking. All persons should be listed at the time of booking – the organiser assumes that a maximum of one child under 2 years of age will require a rented bed, unless stated otherwise.
9.3 Traveller’s liabilities for formalities
9.3.1 The traveller is obligated to inform themselves about the necessary formalities for the effectuation of the package, such as possession of a valid passport, visas, vaccinations and insurance.
9.3.2 For all transport services adhering to the package, the traveller shall complete the check-in procedures according to the travel plan or other instructions from the organiser or carrier.
9.3.3 The traveller is personally liable to pay all costs which arise due to faults in the named formalities, such as repatriation due to loss of passport, insofar as the faults have not been caused by erroneous information from the organiser or retailer.
9.3.4 The traveller is liable to examine the information received from the organiser.
9.3.5 As regards accommodation, no more than the number of people included in the booking may stay in the designated room, even if there is an extra empty bed available.
9.4 Discontinuation of a package arrangement
9.4.1. The traveller who discontinues a package after its commencement is obligated to inform the organiser or the organiser’s representative of this fact.
10. THE ORGANISER’S LIABILITY TO ARRANGE ASSISTANCE
If the traveller is in difficulty once the travel is underway, the organiser is obligated to provide appropriate assistance without delay. Assistance may include information on health and medical services, local authorities and consular assistance. The organiser has the right to make a reasonable charge for such help if the situation was the result of a deliberation action or of negligence on the part of the traveller.
11. DISPUTE SETTLEMENT
11.1 The disputing parties should try to resolve their conflict as regards interpretation or implementation of the contract directly with one another. If the parties cannot reach an agreement, the dispute can be tried by the National Board for Consumer Disputes (ARN), Box 174, 101 23 Stockholm, www.arn.se, or by a court of law. A dispute can also be tried via The European Online Dispute Resolution (ODR) platform, http://ec.europa.eu/odr.