The following terms regulate the contractual relationship between the tour operator More Sailing Seglingsresor AB with organization number 559171-2038 (hereinafter the “organizer”), and the traveler when purchasing a package tour.
1. Introductory provisions
1.1 What is a package tour?
1.1.1. “Package trip” refers to an event that has been designed before an agreement is reached and which consists of
– transport and
– accommodation or
– any of these services in combination with any tourist service which forms a not insignificant part of the event and which is not directly linked to transport or accommodation
1.1.2. any of these services in combination with any tourist service which forms a not insignificant part of the event and which is not directly linked to transport or accommodation.
1.2 The general obligations of the traveler
1.2.1. The traveler is responsible for ensuring that he / she holds a complete and valid passport and other documents that are necessary for the implementation of the trip as well as, if conditions require, visas and necessary vaccinations.
1.2.2. Rthe passenger must have completed check-in for all flights included in the package trip in accordance with the itinerary or other instructions.
1.2.3. The traveler must comply with the rules of procedure prescribed by the organizer or which apply to the services included in the package tour regarding rented boat, airports, means of transport, etc.
1.2.4. The traveler must always behave so that the fellow travelers and the crew are not bothered. Serious violations can lead to the traveler being rejected by the organizer or his representative from further participation in the trip.
Rin such cases, the esenare may take care of the home transport himself and bear the costs that arise in connection with this.
1.2.5. Immediately after receipt, the traveler must carefully go through the confirmation, tickets and other travel documents and check that the information matches what has been agreed and that the names are spelled in the same way as in the passport. Any errors must be notified to the organizer immediately.
1.2.6. The traveler must immediately notify the organizer of any changes in address, e-mail address, telephone number or other information relevant to the organizer’s opportunities to contact the traveler.
1.2.7. The traveler must keep up to date on departure places and departure times, e.g. by seeking information screens immediately after arrival at an airport and contacting airport staff in case of doubt as to which terminal or exit the flight departs from. These tasks change frequently, which is beyond the organizer’s control.
1.2.8. If the traveler has not complied with the above obligations, he / she cannot make claims with effect against the organizer, intermediary or subcontractor for the package trip for the consequences that the traveler’s failure to comply with these obligations entails.
1.3. Price and contract services
1.3.1. Information in brochures and catalogs, including the Internet, is included in the agreement. The information is binding on the organizer, unless he has expressly reserved in the catalog or brochure the right to make changes and the traveler has been informed of such changes before the agreement is entered into.
Booking by phone and email
No later than 10 days after the agreement is made, the traveler must pay an initial installment (registration fee) of 40% of the value of the trip. Final payment must be made no later than 40 days before departure. This applies to payment by invoice and booking by email or telephone.
When booking online, payment is made with Klarna, then you become liable for payment for the entire value of the trip directly and have the opportunity to split the payment for a fee to Klarna, through Klarna you also have the opportunity to pay by card free of charge.
1.3.3. The price must be stated in such a way that the price of the entire trip is clearly stated. It shall cover all services included in the agreement as well as mandatory surcharges, taxes and fees.
1.3.4. A connecting trip or a special arrangement is included in the agreement only if these have been sold or marketed together with the main arrangement for a common price or for different prices that are linked to each other.
1.3.5. Any special services / services at the traveler’s request are included in the agreement only if these have been explicitly confirmed by the organizer.
1.3.6. If the organizer has reason to assume that the number of participants for a package trip is less than 6 people, the organizer has the right to cancel the trip no later than 30 days before departure. The decision must be notified to the traveler within a reasonable time. In such a case, the traveler is not entitled to damages.
1.4. The conclusion of the agreement
1.4.1. The agreement becomes binding on the parties, when the organizer has confirmed the traveler’s order in writing. The organizer must confirm the traveler’s order without delay.
1.4.2. EIf the traveler does not make payment in accordance with the agreement, the organizer has the right to terminate the agreement. In the event of such cancellation, the organizer is entitled to payment of the amount that the traveler would have paid, if the traveler had canceled the trip in accordance with the cancellation rules in section 3.
2. Amendment of the agreement
2.1. Price changes
2.1.1. If cost increases occur for the organizer after the agreement according to 1.4 above has become binding on the parties, the organizer may increase the price of the trip by an amount corresponding to the cost increases if these are due to:
– changes in transport costs, including fuel prices,
– changes in taxes, duties and charges or charges for certain services, such as airport, port, landing and take-off charges;
– changes in exchange rates, which are used in calculating the price of the package tour.
2.1.2. In such cases, the price may be increased by an amount corresponding to the traveler’s share of the cost increase incurred by the organizer for the implementation of the agreement.
2.1.3. The right to a price increase as above exists only if the cost increase exceeds SEK 100.
2.1.4. The price may not be increased during the last 20 days before the agreed departure date. The organizer shall as soon as possible notify the traveler of the price changes.
2.1.5. The price of the trip shall be reduced accordingly, if the organizer’s costs are reduced earlier than 20 days before the agreed departure date, for the same reasons as stated above. In the event of a cost reduction, the price shall only be reduced if the cost reduction exceeds SEK 100.
2.2. Transfer of package tour
2.2.1. The traveler has the right to transfer the trip to another person. However, it is a prerequisite that the person to whom the package tour is transferred fulfills the necessary conditions and requirements specified by the organizer at the conclusion of the agreement and the requirements for participation in the package tour. The right to transfer the trip may be restricted in whole or in part by the organizer, if a transfer is not possible due to conditions set by the subcontractor. If e.g. a flight ticket according to the airline’s conditions may not be transferred, a transfer of the package tour means that the passenger does not receive a refund for the flight ticket and that the person to whom the trip is transferred must buy a new flight ticket. Restrictions on the right to transfer a trip must always be clearly stated in the agreement.
2.2.2. The traveler and the person to whom the package trip is transferred are jointly and severally liable for the amount that remains to be paid for the trip and for all additional costs that follow from the transfer. In addition, the organizer is entitled to reasonable compensation for the extra work he has as a result of the transfer.
2.3.2. Organizer’s changes / cancellation before departure
184.108.40.206. If the organizer has to cancel the trip or if it can not be carried out as agreed, the traveler must be informed as soon as possible.
220.127.116.11. However, this does not apply to changes or deviations, which can be considered to be of minor importance to the traveler.
18.104.22.168. If the change means that the economic value of the trip is reduced, the traveler is entitled to a reduction in the price.
22.214.171.124. If the changes made to the agreement by the organizer are significant, or the trip is canceled without the traveler being responsible for this, he / she can: cancel the agreement and get back the full amount he / she paid according to the agreement, or participate in another package trip, if the organizer can offer this.
126.96.36.199. The traveler must, within a reasonable time after receiving notification of a change or that the trip has been canceled, notify the organizer of his choice.
188.8.131.52. If the replacement trip has a smaller value than the original package trip, the organizer must pay back the price difference to the traveler.
2.3.3 Organizer’s changes after departure
184.108.40.206. Due to later circumstances, the organizer may not be able to provide parts of the agreed services after departure. In such cases, the organizer must offer compensation arrangements.
220.127.116.11. For some package tours, due to their special nature, it can be difficult to predict the exact course. Changed natural conditions, road diversions, political events, etc. may result in the organizer being forced to make changes to the itinerary. In such cases, the organizer shall, if possible, offer the traveler compensation arrangements. If the change results in a deterioration for the traveler, he may be entitled to damages and / or price reductions.
18.104.22.168. If changes in the agreed services according to 22.214.171.124 or 126.96.36.199 are due to circumstances beyond the organizer’s control, which he could not reasonably be expected to have taken into account when the agreement was entered into and the consequences of which he could not reasonably have avoided or overcome, the traveler is not entitled to damages. If changes are due to a subcontractor hired by the organizer, the organizer is free from liability for damages only if it is due to a circumstance beyond the subcontractor’s control.
3. Termination of the agreement
3.1. The passenger’s cancellation of the package tour – general regulations
3.1.1. The traveler’s cancellation of travel must be made in the manner specified in the agreement. Unless otherwise stated, the termination shall be in writing.
3.1.2. The cancellation cost is always at least 40% of the value of the trip.
3.1.3.If the cancellation occurs later 40 days before departure, the traveler must pay the full price of the trip.
3.2. The traveler’s and organizer’s right to withdraw from the agreement due to force majeure
3.2.1. Both the organizer and the traveler have the right to withdraw from the agreement, if after the agreement has become binding on the parties, on or near the destination or along the planned route, a natural disaster, act of war, general strike or other intrusive event occurs, which significantly affects the trip or conditions at the destination at the time the trip is to be completed. If the traveler or organizer withdraws from the agreement on the basis of this provision, the traveler has the right to get back what he / she paid according to the agreement. If the organizer withdraws from the contract on the basis of this provision, the traveler is not entitled to damages.
3.2.2. The assessment of whether an event is to be regarded as constituting such an event as specified in 3.2.1., Shall be made taking into account official statements from Swedish and international authorities. A dissuasion by the Ministry for Foreign Affairs from travel to the destination in question shall be regarded as such an event.
3.2.3. The traveler is not entitled to cancel on the basis of 3.2.1, if he / she knew at the conclusion of the agreement that such an intervening event, as referred to in this paragraph, existed or if the event was generally known.
3.2.4. If the traveler does not have the right to cancel the trip on the basis of 3.2.1 but still cancels, the organizer’s general cancellation rules in section 3.1 apply.
3.3. Cancellation protection and travel insurance
3.3.1. When paying by bank or credit card, special conditions apply with the bank / card provider. The organizer does not offer a separate opportunity to sign cancellation protection.
3.3.2. The boat’s insurance applies to damage to the boat, including equipment and liability to third parties, but not to the participants’ personal injuries and belongings. Therefore, check your home insurance to check if travel insurance is included or take out travel insurance to extend the protection.
4.1.1. In the event of a fault in the agreed services, the traveler must immediately, after he / she has noticed or should have noticed the fault, complain to the tour operator, his representative or to the subcontractor to whom the fault relates, in order to give him / her the opportunity to remedy the fault. Complaints must, if possible, be made at the destination.
4.1.2. If possible, the traveler must ensure that the complaint is documented in writing by the organizer or his subcontractor on site.
4.1.3. The traveler may not invoke errors, if the complaint has not been made in accordance with what is stated above.
4.1.4. Claims for damages or price reductions must be presented to the tour operator as soon as possible after the end of the trip.
4.1.5. If a claim is made due to an error in the agreed services later than two months from the time when the traveler noticed or should have noticed the error, the traveler is considered to have lost the right to invoke the error.
4.2.1. If the organizer offers to remedy the error, the traveler can not demand a price reduction or terminate the agreement, provided that the remedy takes place within a reasonable time and without additional cost or significant disadvantage for the traveler.
4.2.2. The traveler must always limit damage as much as possible.
5. Limitations in the organizer’s liability
5.1. The organizer’s liability for claims due to damage or defects is limited to the amount limits applicable at any given time, as set out in the Warsaw and Montreal Conventions (for aviation) and the Athens Convention (for transport by sea and water). The organizer’s liability can therefore not exceed that which applies to the subcontractor or subcontractors who have the direct responsibility for the defective service.
5.2. The airlines are directly responsible for the correct implementation of transport in accordance with the Warsaw and Montreal Conventions, EU Regulation 889/2002, EU Regulation 261/2004 and the Civil Aviation Act.
The above means that in the event of delayed, lost or damaged luggage, the passenger must in the first instance complain to and make his claims against the contracting or transporting airline. The requirements must be set as soon as the events come to the traveler’s knowledge.
Loss or damage reports must, if possible, be made at the arrival airport, whereby a damage report (so-called PIR report) must be prepared.
5.4. The organizer is not responsible for medicines, any valuables such as cameras, cash, jewelry, etc., which are stored in checked luggage. Some airlines offer special insurance for theft-prone items. In such cases, a special declaration must be made directly to the airline at check-in.
5.5. It should be noted that airlines often have mutual agreements on how they handle each other’s flights. In order to make it easier for the traveler in case of complaints and inconveniences, he / she always has the right according to the Montreal Convention to choose whether the requirement is to be made to the airline that is on the travel documents (the contracting party) or the airline that actually performs the transport (the transporting one).
6.1. The parties should try to resolve disputes concerning the interpretation or application of the agreement through negotiations. If the parties cannot agree, the dispute can be tried by the General Complaints Board or by a general court.