Terms & conditions
1. General
These terms and conditions apply when you as a customer ("you" or "the customer") books and purchases a service ("the Service") through Fjellheisen AS (the "Supplier"), either electronically (by e-mail or the Supplier’s website) or otherwise in writing (each a "Booking Channel").
The agreement between you and the Supplier applicable to the purchase of the Service consists of the booking confirmation for the Service, these general terms and conditions, as well as any individually agreed terms between you and the Supplier.
In case of discrepancy between these general terms and conditions and individually agreed terms, if any, the individually agreed terms shall prevail.
In addition, when you are a consumer, please note that this agreement will be supplemented by relevant preceptive consumer protection laws.
Further, these terms and conditions apply for booking of package travels through the relevant Booking Channel, cf. also section 11 below.
2. The parties and the supplier's role as an organiser
These terms and conditions apply between you and the Supplier in terms of your use and placement of bookings via the Booking Channel made available by the Supplier.
The Supplier may use service providers and sub-contractors ("Service Provider"), In these cases, the Supplier will still be considered the organiser of the Services to the customer.
When you are placing a booking of a Service on behalf of a group, you confirm upon placement of a booking of the Service that you have legal capacity to conclude such agreement on behalf of the members of the group. Further, you are responsible to ensure that the members of the group are made acquainted with the rights and obligations pursuant to these terms and conditions.
3. Booking and reservations made through the Booking Channel
You are responsible for filling the booking documents with accurate information and requisite details, including, if applicable, for any members of a group.
This agreement is binding to both you and the Supplier once you have placed a booking, paid for the Service in accordance with the payment terms and received a booking confirmation.
Placement of a booking constitute a binding offer to the Supplier to conclude an agreement. Following the Supplier’s acceptance, the Supplier will forward a booking confirmation, including, if applicable, any other necessary documents such as a ticket, voucher etc. for the Service to be provided, to the e-mail address provided by you upon placement of the booking. Upon receipt of the booking confirmation, you are responsible for checking that dates and other important booking details and information are correctly listed.
The booking confirmation or, if applicable, the ticket, voucher etc. for the Service must be presented by you on the date of the Service.
Irrespective of the above, the agreement is not binding if the information available through the relevant Booking Channel consists of misprints and this was or should have been clear to you.
By making a booking, you agree that you are of the appropriate age, and in the event that any age restrictions apply to the booking, you confirm that you and other parties to the booking are of the appropriate age.
4. Price
All prices are quoted in NOK (Norwegian kroner).
The price quoted on the Booking Channel is the total price payable by the customer and includes all taxes. The Supplier reserves the right to correct promotional or pricing errors presented on the Booking Channel at any time and cannot be held liable for any such promotional or pricing errors which was or should have been clear to the customer prior placing a booking.
Towards customers acting in the course of trade, the Supplier reserves the right to make changes to the prices, also after the conclusion of an agreement, if such price changes are due to increased costs of purchasing goods and services which are included in the Service, increased taxes and fees, currency fluctuations, fuel surcharges or other circumstances beyond the Supplier’s control that result in price increase(s). The Supplier must provide a 60 days' notice in such cases.
5. Cancellation policy
The right of withdrawal pursuant to the Cancellation Act does not apply for purchase and bookings of leisure activities, accommodation and catering services booked for a specific date or specific time frame, cf. the Cancellation Act section 22, first paragraph, m.
Cancellation, changes and refund of bookings is not possible. However, and subject to availability, you may request a change of the selected date for the provision of the Service. The Supplier will do its utmost to accommodate any such requests. Reference is made to our contact information below.
Cancellation policy for customers acting in the course of trade:
For group and individual bookings:
- More than 7 days to the starting date of the Service: Free cancellation, full refund
- 7 days or less to the starting date of the Service /no show: No refund
6. Force majeure and unsatisfactory weather conditions
The Supplier cannot be held liable for being unable to provide the Service due to unsatisfactory or unsafe weather conditions, closed facilities or other circumstances beyond the control of the Service Provider.
In other cases of unforeseen and unavoidable events that make it impossible for the Supplier to fulfil its obligations to the customer (such as war, riot, blockade, natural disasters, strikes, lock-outs, import restrictions, hyperinflation, robbery and burglaries), the Supplier reserves the right to terminate the agreement without liability.
In the event of bad weather or other incidents beyond the Supplier’s control, as referred to above, the Service can, if possible, be moved to other locations. In such cases, the customer shall be informed in advance of such changes and have the right to cancel the agreement.
7. Safety and insurance
You are responsible for abiding with any safety instructions provided to you by the Service Provider below or on site, including those communicated through warning signs or by relevant personnel. It is the responsibility of the customer to follow these instructions diligently to ensure their safety and the safety of others. The Supplier shall not be responsible for any loss, damage or personal injury due to a failure to comply with such safety instructions.
You are required to consider the nature of any activities included in the Service and ensure that you are fit to participate in such activities as per also the information provided through the relevant Booking Channel or on site. For group bookings, you are responsible to ensure that all members of the group are notified about and adheres to this. Any customer, incl. group members, may be excluded to participate in activities included in the Service if the Service Provider deems such participance to constitute a safety risk for the customer or the group member.
The customer acknowledges and agrees that the Supplier bears no responsibility for incidents or occurrences that take place beyond the scope of the Service provided. Customers are solely accountable for their own safety during the entire duration of engagement with any activities provided as part of the Service, and the customer is expected to act responsibly and diligently at all times. Furthermore, the customer participating in any activities provided as part of the Service must consider and ensure to wear appropriate clothing and footwear suitable for such activity and the prevailing conditions.
For the customers’ own security, we recommend taking out relevant insurances fit for the Service, for example, cancellation insurance, travel and leisure insurance as well as travel and liability insurance.
8. Privacy/data policy
By making a booking, you agree that you have read the Supplier’s Privacy Policy, and agree that you will provide the Privacy Policy to other persons on the booking.
Personal information provided by you will be used for the purposes of facilitating your booking(s). For more information about the processing of your personal data and your rights, the Supplier refers to its Privacy Policy.
Furthermore, you confirm that any personal information or data you are sharing on behalf of another person for booking purposes, have been obtained with the prior consent of such person, who has apprised himself/herself of the booking terms and conditions and privacy policy of the Supplier and is aware of their rights in respect of such data provided to the Supplier.
9. Liability and limitation of liability
The Supplier shall only be liable for direct claims arising directly from the provision of the Service under this agreement. Any indirect, consequential, special, punitive, or incidental damages shall be excluded from liability. The customer agrees that the Supplier shall not be held liable for any such indirect claims, regardless of whether such claims arise in contract, tort, or otherwise.
The Supplier’s contractual liability for damages other than personal injury is limited to three times the paid price for the Service per customer insofar as damage to the customer has not been caused by gross negligence.
10. Complaints and Disputes
If you are not satisfied with the Service provided by the Supplier, please direct any complaint notice by using the contact details below in section 12. Such notice shall be provided without undue delay and in no event later than 30 days from the date of occurrence of such event giving rise to such claim or compliant. If such complaint notice is not submitted within the stated time limit, the Supplier cannot be held liable and you forfeit your right to any refunds, price cut or similar.
Any disputes between you and the Supplier will be sought settled amicably.
If we fail to reach an amicable solution, and if you are a consumer, you may contact and file a complaint with the Norwegian Consumer Authority (www.forbrukertilsynet.no).
Further, complaints can also be submitted via EU's Online Dispute Resolution portal, if you are a consumer with residence in another EU-country. A complaint can be submitted here: http://ec.europa.eu/odr.
Any disputes between the Supplier and a customer acting in the course of trade shall be finally settled through the ordinary courts with the district court of the seat of the Supplier as the legal venue.
This agreement and any disputes arising out of it is governed by the laws of Norway.
11. The Supplier's contact information
The Supplier is a Norwegian company and operates under Norwegian law. Your booking by means of the relevant Booking Channel together with these terms and conditions shall be subject to Norwegian Law.
FJELLHEISEN AS
SOLLIVEGEN 12 | 9020 TROMSDALEN | NORWAY
Tel: +47 776 38 737
Mail: booking@fjellheisen.no
Web: https://www.fjellheisen.no/
Org nr: 925 160 083