Terms & Conditions
The terms and conditions are part of the agreement you make with Awayzing Travel AS when you sign up for a trip. Our conditions are part of the requirements we have as a travel organizer according to LOV-2018-06-15-32: Package Travel Act and Travel Guarantee (Package Travel Act, Pakkereiselov). The terms regulate the relationship between the package tour organizer Awayzing Travel AS ("we, us") and the consumer (the "traveller" or "you").
Therefore, read the terms and conditions carefully before signing up.
Awayzing Travel AS arranges tailor-made, individual tours and group tours. Awayzing Travel AS complies with the Package Travel Act and the general conditions for package travel (the Package Travel Act). Awayzing Travel AS has provided a guarantee to the Travel Guarantee Fund (Reisegarantifondet).
Culture & lifestyle at the destination
Awayzing Travel AS arranges trips to countries with a foreign culture. As a participant on our trips you must show respect and not act reprehensibly or rudely. A journey to a country in Africa or the Arabian Peninsula means that the traveller must accept a different reality than in our western world. Culturally and functionally, the countries of Africa and the Arabian Peninsula have a different approach to the infrastructure in society. There may be waiting times and breaks that seem unnecessary to us. The power may occasionally go out. The water may be gone for short or longer periods or there might be no hot water in the taps when we expect it. Africans take such "small" problems very calmly. Awayzing Travel AS works with experienced and top-quality partners only and we will do what we can to ensure that such problems are short-lived and a minor obstacle for you.
Behavior at the destination
During the journey, you are obliged to comply with the rules and regulations issued by the public authority and by the local representative including the order regulations that may have been issued by the individual hotel, lodge, transporter etc. Rule changes can occur without Awayzing AS having had the opportunity to inform you as a traveller.
You must not act in such a way that it is a nuisance to the fellow travellers. If you act grossly negligently, you can be refused participation or excluded from the rest of the trip, without you being able to claim repayment from Awayzing Travel AS. In the event of exclusion after the journey has begun, you may be required to bear the costs of the return journey yourself. You can be made liable for damages if you deliberately or negligently cause the organizer losses, e.g. by not complying with the provisions mentioned above.
Awayzing organizes trips in areas where danger and accidents can occur and you as a customer must be aware that participation is at your own risk. To avoid any type of accident we will do everything possible and our local guides will use their experience and knowledge. Nonetheless, Awayzing Travel AS cannot guarantee that unfortunate or dangerous situations will not occur.
Our tours may involve following risks: altitude sickness, frostbite, dehydration, falls, broken bones, etc. The above is not an exhaustive list. Our tour leaders and local guides are experienced and their instructions must be followed. If an accident or discomfort nevertheless occurs, no liability can be held against the tour leader or us.
Our itineraries can be changed, and the distribution of the number of nights at each accommodation can be changed, for example because animals are in a different part of the National Parks than expected, or for other reasons. Our suppliers can also change accommodation and itinerary due to accidents, events or other activities that Awayzing did not know or were informed about when the customer's program was accepted. There may also be delays during storms, floods or bad weather, one accommodation may be exchanged for another. The above is not an exhaustive list.
We set up itineraries where we use local carriers, tour guides and other subcontractors as well as use means of transport whose operation and regularity are sometimes affected by sudden and unpredictable changes. Furthermore, our destinations will also be more exposed to changing natural conditions than normal holiday travel destinations. All this requires flexibility in our production apparatus. These circumstances, however, mean that our descriptions of itineraries, tour content and times, as they appear in our material, from time to time must be changed at short notice. Where we can do so, such changes will be announced before the conclusion of the agreement. But where the need for changes arises after booking, either before or after departure, we will, to the greatest extent possible, find content/activities/destinations/transport that is as close to the original as possible, and within the same price range.
The accommodation (hotels, lodges) are specified by name in the travel offer. These are the first ones to be requested when a trip is booked. If the named accommodation is already fully booked at the time of the booking, we will find an adequate alternative, standing in close contact with the customer during this process.
You must provide the necessary papers for the trip yourself (passport, visa, etc.) and sign the insurance you want (travel and cancellation insurance, accident insurance, etc.) as well as ensure the necessary vaccinations. You are responsible for checking the visa and passport regulations of the country you are visiting. You are obliged to keep yourself informed about departures and to comply with instructions from the organiser, carrier, airport etc. If you are not insured (or if the insurance is not comprehensive), Awayzing Travel AS cannot accept responsibility for damage, delay, or illness that may incur during the journey, regardless of the cause. Awayzing Travel AS is also not responsible for damage or loss of personal belongings that occurs during the duration of the trip. In the event of delays, weather conditions, strikes, take-off or landing conditions and other conditions that have not been made known to Awayzing Travel AS or that Awayzing Travel AS could have prevented - the carrier and or the traveller himself is responsible, also for any additional costs. Awayzing Travel AS reserves the right to print errors on our website, publications and programs announced and available to our customers.
Information on other websites
Awayzing Travel AS is not responsible for the correctness of the information provided by the accommodations on their websites. Deviations may be that meals are served as a buffet, but you as a customer receive a plate dish. Other deviations may be that the available power supply in hours per day does not correspond to real available power supply in hours and day. There may also be other deviations. Listed examples are not exhaustive.
2. OTHER AGREEMENT TERMS
The agreement between the parties is deemed concluded upon confirmed order. Booking a trip with Awayzing Travel AS must be done in writing or electronically and is binding. The booker and the person or persons for whom the tour is booked are jointly and severally liable for the booking.
Payment may be required at the time of order or at an agreed due date. If payment has not been made by the due date, Awayzing Travel AS is not bound by the agreement.
Deposit and Remaining Amount
Our trips are planned a long time in advance. The deposit amount is 30% or minimum NOK 5,000 per participant. For trips with a total amount of less than NOK 5,000 per person, the full amount is invoiced upon enrolment. The amount is due for payment 10 days after the invoice date. If the customer orders plane tickets through Awayzing Travel AS, the cost of plane tickets will be invoiced on the same invoice as the deposit. The remaining amount must be due no earlier than 60 days before departure, complying with the payment regulations of our local partners.
If Awayzing Travel AS has payment obligations towards subcontractors that fall due earlier than 60 days before departure, the remaining amount may fall due earlier. For example, this could be hotels or lodges that have special rules in connection with holidays such as Christmas and New Year's weekend that require Awayzing Travel AS to pay all or part of the price of the trip when Awayzing Travel AS books a stay on behalf of the customer.
If the trip is booked less than 60 days before departure, the trip must be paid in full immediately and within 3 days at the latest.
If the customer orders plane tickets through Awayzing Travel AS, the cost of plane tickets will be invoiced the same time as the deposit, on a separate invoice. In case of a group tour, the customer will receive one invoice including land package and international flights.
If the customer wants Awayzing Travel AS to book plane tickets on behalf of the customer, Awayzing Travel AS will order the lowest available class of plane tickets. If the customer has other wishes, Awayzing AS must receive such a wish in writing. If costs for plane tickets are included in the stated price, or stated as a separate price, payment for plane tickets will follow the carrier's regulations. The customer must independently familiarize himself with the carrier's regulations.
3. THE PRICE OF THE TRIP
The stated price includes all fees and charges and/or taxes that Norwegian and/or foreign authorities may impose on the services covered by the agreement. Exceptions are fees Awayzing Travel AS does not have the ability to pay on behalf of the customer, typical fees may be local airport fees, local park fees and/or other local fees.
Cancellation and/or travel insurance are additional and are not covered by this point. Awayzing Travel AS has the right to adjust the price if there are changes in public taxes, and/or transport prices and/or the relevant currencies. Price changes must be notified no later than 20 days before departure. Price increases of more than 8% give the customer the right to withdraw from the agreement without costs. The request to withdraw from the agreement must be received by Awayzing Travel AS within 5 days. Notification of a price increase must be justified by Awayzing Travel AS.
4. SCOPE OF THE AGREEMENT
The agreement includes the trip as it appears from Awayzing Travel AS's travel conditions, brochures, website, tailored program and other information provided to the customer, unless it must be considered to be of no importance to the customer's purchase of the trip in question. Awayzing Travel AS also has the right to change information provided to the customer if the customer is made aware of the changes.
5. SPECIAL CONDITIONS RELATED TO THE AGREEMENT
Cancellation protection and travel insurance
Awayzing Travel AS requires that you have comprehensive insurance with an intermediate or organizer, possibly with an insurance company, for the entire period of the trip in question, which also covers loss of purpose and covers evacuation and transport home. The insurance guarantees you the right to demand release from the contract in the event of a sudden and serious illness of yourself or someone in your immediate family, or someone you are traveling with, or other unexpected and serious incidents, see detailed provisions on this in section 5.3. Cancellation protection must be signed at the latest at the same time as the trip is booked. Any cancellation must be made in writing to your insurance company as well as to Awayzing Travel AS immediately after you become aware that the trip cannot be carried out. You yourself are responsible for contacting your insurance company. To the extent that you have chosen not to take out such protection, our usual cancellation rules in point 5 apply.
The customer is himself responsible for checking entry regulations before the customer orders a trip with Awayzing Travel AS. The general information on our website is indicative, but not necessarily up-to-date. The customer must therefore check that the information provided by Awayzing is correct. Awayzing reserves the right for errors on the website.
Whoever makes a booking for others is obliged to provide correct and complementary information about their fellow travellers. This message must be included on the order confirmation in a clear and conspicuous manner. If, for practical reasons, concrete information about the entry regulations for the chosen trip is given first together with the travel confirmation or later, the customer can cancel the agreement and demand the deposit paid in full refunded if the relevant provisions significantly affect the possibility of completing the trip.
Travelers with foreign passports from countries outside the EU/EEA area must be given instructions on where to obtain the necessary information if the organizer/intermediary is not able to obtain such information themselves. A passport is required for all travel. In cases where a visa is required for Norwegian citizens, this is stated in the detailed programs for our tours. You are responsible for the visa application yourself, unless otherwise stated. You are also responsible for meeting the visa requirements for the destination in question and any transit countries.
The traveller is obliged to provide correct information in accordance with the requirements that the individual country's authorities may set as a condition for entry.
If the authorities in the country of entry present new requirements for personal information upon entry or other formal requirements after the travel documents have been issued, the travel organizer/intermediary must notify the customer of this to the extent possible.
Health information, health certificate/insurance and vaccines
Before entering into the agreement, the customer must be informed of any health-related formalities in connection with the journey and stay. You are obliged to have taken out full-quality/full-value sickness and accident insurance which will also cover possible transport home and evacuation. Proof of such travel insurance must be presented before departure. You yourself are responsible for contacting the vaccination office to get exact recommendations regarding relevant vaccinations for your trip.
Some of our tours are physically, mentally and technically demanding. You must therefore be in good physical and mental shape and well technically prepared upon departure. Contact Awayzing for requirements for physical and mental fitness and technical competence for your trip. We reserve the right to reject participants who do not meet the necessary physical, technical and psychological standards. Some of our trips require mandatory training sessions/gatherings with the group before departure. You are obliged to attend these.
Information regarding transport, including air transport
Awayzing Travel AS is obliged to inform which airlines carry out the various transport parts of the journey. In the event of a change of airline after the journey has been purchased, notification must be given as soon as practicable and at the latest at check-in/boarding. For package tours that use scheduled flights, Awayzing must give notice of a change of scheduled airline where this is possible. You yourself are responsible for checking that the travel documents received match your order. You are responsible for keeping Awayzing informed of any (email) address change so that information and travel documents arrive in time. The flight ticket is a security for which you are responsible throughout the journey. Any costs of obtaining a new ticket must be covered by you. You are obliged to keep yourself informed about departures and comply with instructions from the organiser, carrier, airport etc. gives on that occasion.
The agreement must confirm that Awayzing Travel AS has provided a statutory guarantee to the Travel Guarantee Fund (Reisegarantifondet), as well as provide information on how the fund can be contacted.
6. THE CUSTOMER'S RIGHT TO CANCEL OR TRANSFER THE TRIP
General information about cancellation
Any cancellation must be made in writing or electronically and requires written confirmation from Awayzing Travel AS before it is valid. Cancellation date is considered the date on which Awayzing Travel AS receives the cancellation. If a cancellation deadline falls on a public holiday or public holiday, any cancellation must be received on the nearest normal working day before this.
Cancellation for a fee
In case of cancellation up to 80 days before departure, the amount of the deposit is refunded minus an administration fee of NOK 2,000 per participant. In the event of cancellation between 79 and 61 days before departure, no refund of the deposit is given.
If the trip is cancelled between 60 and 41 days before departure, 50% of the full price of the trip is refunded, e.g. public fees that do not accrue. Cancellation later than 40 days before departure or no-show at departure: No refund beyond public fees that do not apply. Reimbursement of the cost of the flight ticket always follows the carrier's guidelines for reimbursement. Certain plane tickets can be cancelled without a fee, others with a fee, but it also happens that plane tickets cannot be refunded.
Cancellation must be addressed in writing to Awayzing Travel AS.
When the distinctive and documentable nature of the journey makes it reasonable, for example where Awayzing Travel AS' right to reimbursement from its subcontractors is limited, Awayzing Travel AS can set deviating conditions from the above reimbursement rules.
If the customer's order includes several participants, and the agreed total price is based on discounts linked to the number of participants, the basis for such discounts could be lost if one of the traveling participants cancels. In the event of such a partial cancellation, Awayzing shall refund the proportionate share of the agreed/paid price to those who cancel and collect any additional price because of the loss of discounts related to the size of the group, from the remaining participants.
Cancellation in extraordinary circumstances
The customer has the right to cancel the package tour, and have the amounts paid for the package tour refunded, if unavoidable or extraordinary circumstances such as acts of war, natural disasters, dangerous infectious diseases are found at the destination or in the immediate vicinity of it before the package tour is to begin or other events which must be equated with those mentioned and which will affect the completion of the package tour or the transport of the customer to the destination.
The right to cancel shall also apply if the events occur on or along the itinerary, and they involve a real risk for the customer. Claims for reimbursement of services that are not part of the package tour must, if payment for such services has already been forwarded from Awayzing Travel AS to the service provider in question, be addressed to the service provider in question based on contractual law.
The right to cancel under this point does not apply if the customer knew, or should have known, the circumstances when he entered into the agreement on the purchase of the trip.
Cancellation in the event of sudden and serious illness or accident
If the customer has taken out cancellation protection/insurance, or if corresponding rules have been made part of Awayzing Travel As' standard conditions, the customer has the right to demand release from the agreement if he can document that the conditions for such cancellation have been met. The customer is obliged to notify Awayzing of the cancellation as soon as possible after he is aware of the circumstances that entitle him to the cancellation under this point.
The cancellation protection shall at least give the right to cancel if the customer himself, spouse, registered partner, cohabitant, child, parents, parents-in-law or siblings are affected by sudden and serious illness, accidental injury or death. The same applies if such circumstances affect someone with whom he is traveling, and it would be unreasonable to demand that the customer then complete the journey without that person accompanying him. Equal to sudden and serious illness are sudden and serious events that affect the customer or his traveling companion, cf. above, and which means that it is not reasonable to demand that the customer complete the journey. Such incidents can be fire or water damage to real property, etc.
The right according to the preceding points assumes that the traveller himself did not know, or should know, the circumstances that lead to the trip not being usable, or that he himself is not responsible for such circumstances.
The customer is obliged to notify the intermediary or organizer of the cancellation as soon as possible after he is aware of the conditions that justify the cancellation according to this point, as well as to provide sufficient documentation for the illness from a doctor, or the preventing circumstance, e.g. by certificate from the police authority or insurance company.
If the booking includes several travellers, and the total price reflects a discount based on the total number of participants, a cancellation for one or more people in the party could mean that the conditions for the agreed price are no longer present. This shall not cause the remaining participants a price increase, but will be covered by the cancellation protection. Awayzing Travel AS has the right to transfer the travellers to another accommodation that better suits the size of the remaining group and that otherwise corresponds to the originally ordered accommodation. The right to such relocation is conditional on the relocation not reducing the content of the selected package tour, or meaning that the given information about the package tour or agreed additional benefits can no longer be fulfilled.
Transfer of the journey
The customer has the right to transfer the trip to another person who meets the conditions for participating in the trip. The prerequisite is that Awayzing Travel AS has been notified in good time, and that Awayzing Travel is not bound by rules that prohibit such a transfer, typically that airlines do not accept changes to flight tickets. The person who transfers the trip, and the person who gets the trip transferred to, are both responsible for any remaining amount and for additional fees, charges and other costs that the transfer entails. The original customer and the new customer are jointly and severally liable for both such fees and any remaining amounts.
Changing the order
Changes to the booking of a trip are charged a fee: The traveller can change the travel date, destination, hotel etc. against a reasonable administration fee of at least NOK 500 per change, if Awayzing Travel AS has the opportunity to comply with the new wishes. The airlines and organizers in our partner countries may also have their own fees which are then added. If Awayzing Travel AS' costs for the change exceed the amount of the fee, the change can be considered a cancellation. Awayzing must then inform the customer that the rules on cancellation for consideration in section 5.2. will apply.
7. AWAYZING TRAVEL AS HAS RIGHT TO CANCEL OR CHANGE THE TRIP WITHOUT COMPENSATION
Awayzing Travel AS has the right to cancel a trip no later than 70 days before departure if there are fewer registered participants than the specified minimum, applies to group trips. Even if there is not a required number of participants according to the programme, we will try to carry out the trip. We will then consider whether to increase the price. Such changes must be made in agreement with the participants.
Awayzing AS can cancel the package tour if the number of people registered for the package tour is lower than the minimum number specified in the agreement, and the organizer notifies the traveller of the cancellation within the deadline set in the agreement, but no later than:
a) 20 days before the package tour begins for trips lasting more than 6 days
b) 7 days before the package trip begins for trips that last between 2 and 6 days
c) 48 hours before the package tour begins for trips that last less than 2 days.
Obstacles beyond Awayzing Travel AS' control
Awayzing Travel AS can cancel a trip without liability, if the package trip cannot be completed due to unavoidable and extraordinary circumstances and the traveller is notified of the cancellation without undue delay. Such obstacles can be war, acts of war, terror and acts of terrorism or similar dangerous situations notices of this from the authorities, earthquakes, volcanic eruptions, massive rain/snowstorms, hurricanes, tsunamis, landslides, avalanches, dangerous infectious diseases, epidemics, pandemics, etc., strikes or official decisions that prevent travel e.g. closure of an airport, or other events that must be equated with those mentioned above. Indicated events are not exhaustive. If the package tour is cancelled due to conditions as mentioned, the traveller is not entitled to compensation.
If a trip is cancelled before it starts due to obstacles beyond Awayzing Travel's control, we are obliged to refund the customer all amounts paid immediately. Alternatively, the customer must be offered free of charge to participate in another package tour of similar or higher quality if Awayzing Travel can offer this. If the customer is offered an alternative journey of a lower quality than agreed, the traveller must be given an appropriate price discount.
Under the same conditions as mentioned in the 1st paragraph, Awayzing Travel will not be liable for damages if the package tour becomes defective or must be interrupted because of such obstacles occurring after the package tour has begun. If the trip is shortened by Awayzing Travel or the customer cancelling it due to such circumstances, the customer will still be entitled to a proportionate price reduction. Awayzing Travel is obliged to the extent possible to eliminate any risks or disadvantages for the customer.
8. Duties of the parties
Awayzing Travel AS'/intermediary's duties
Awayzing Travel shall carry out the trip in accordance with what has been agreed with the traveller, cf. point 2. If unforeseen circumstances nevertheless make it necessary to make changes to the trip, Awayzing Travel AS shall, to a reasonable extent, ensure that the traveller is exposed to the least possible inconvenience.
Awayzing Travel AS shall provide suitable assistance to travellers in difficulty as soon as possible. The assistance must consist of providing appropriate information about health services, local authorities and consular assistance, and where applicable assist in finding alternative travel services. Awayzing Travel AS can charge a reasonable fee for the assistance if the difficulties are caused intentionally or negligently by the traveller.
Awayzing Travel AS/the intermediary must inform as soon as possible whether conditions he understands, or should understand, are important to the traveller.
If the traveller points out deficiencies in the trip, Awayzing Travel AS is obliged to do what is reasonably possible to correct the deficiency as soon as possible.
The customer is obliged to familiarize himself with these general conditions or the conditions that Awayzing Travel AS has published on its website, in its catalogue or in another way.
Payment: The customer is obliged to pay the agreed consideration within the deadline set in the terms. Significant non-payment gives Awayzing Travel AS the right to cancel the order.
Information: The customer is obliged to give the intermediary or organizer the relevant information that he understands or should understand is of significant importance for the completion of the package tour. Whoever orders for fellow travellers is obliged to provide correct and relevant information also in relation to these. Awayzing Travel AS is not responsible for problems that arise as a result of personal information or special needs for fellow travellers not being provided in a correct manner. Anyone who orders a package tour on behalf of others is obliged to make sure that the person/s who will participate in the package tour can follow the regulations set by Awayzing Travel AS, and that the package tour in question is of such a nature that the person/s registered can participate in it without burdening themselves or others
Complaints: The traveller is obliged to notify Awayzing Travel AS or the tour leader without undue delay if he discovers a defect that will give him rights according to points 8.1 a) – e). If the defect is discovered after the package tour has taken place, the customer must, as far as possible, advertise immediately on the spot, among other things to enable rectification. If the error/deficiency is not rectified and you wish to file a complaint about the trip when you return home, this must be done no later than four weeks after the trip has ended and sent as a written, reasoned complaint to Awayzing Travel AS.
Documents: The customer is obliged to check that the tickets and travel documents are in accordance with the order and that the name of the traveller is in accordance with what is written in the passport. The traveller must bring a valid passport, any visas/health certificates, tickets, reference numbers and other documents that may be necessary for the journey. The traveller is obliged to obtain such documents as may be necessary for the individual journey, and he is obliged to take out the insurances he feels are necessary. Awayzing Travel AS has the right to reject a traveller if the necessary documents have not been brought.
Consideration for fellow travellers: The customer is also obliged to comply with Awayzing Travel AS' own provisions as they are presented to him before entering into the agreement, the hotel's and other sub-suppliers' regulations, as well as to comply with the carrier's and the local authorities' regulations. The customer must also comply with the instructions Awayzing Travel AS gives regarding arrival time, place of arrival etc. during the journey, as well as any instructions the carrier or transport manager may give in connection with unforeseen events during the journey. The individual participant on the trip must not act in such a way that it is a nuisance to the fellow travellers or creates safety or practical problems for Awayzing Travel AS. Awayzing Travel AS has the right to reject a traveller at the start of the trip if the traveller's behaviour or condition makes it obvious that he cannot meet the requirements in this point.
Home journey: The traveller is obliged to comply with Awayzing Travel AS' possible provisions regarding confirmation of return tickets on scheduled flights. If this is not done, the reserved seats cannot be assumed to have been used. Furthermore, the traveller is obliged to keep himself informed of any changes in the departure time, by contacting Awayzing Travel AS or Awayzing Travel AS' representative if the traveller has removed himself from the travel company or otherwise made himself/herself unavailable in the last 24 hours before scheduled departure. The traveller is otherwise obliged to follow Awayzing Travel AS's invitations to read Awayzing Travel AS' e-mails, SMS messages, notices, visit the information desk or reception as long as this does not cause unnecessary trouble or inconvenience for the traveller.
Consequences of non-compliance: Gross breach of these provisions after the matter has been reported, gives Awayzing Travel AS the right to refuse the relevant traveller further participation in the trip. Awayzing Travel AS then has no responsibility for extra expenses in connection with an advanced/changed return journey. The rejected traveller cannot make a claim regarding the part of the journey that is not used either. The customer can be held liable for losses or extra expenses incurred by Awayzing Travel AS in the event of a gross breach of the above provisions. The customer is responsible for damage and loss etc. according to normal tort law rules.
9. DEFECTS AND COMPLAINTS
For deficiencies, please refer to the Package Travel and Travel Guarantee Act (Pakkereislov) LOV-2018-06-15-32 with regulations. If the customer wishes to file a complaint due to defects that give him rights under the law, he must notify Awayzing Travel AS in writing within a reasonable time. If the defect is discovered after the journey has started, the customer must complain on the spot, if possible. In any case, a complaint must be made to Awayzing Travel AS no later than 4 weeks after the end of the trip, unless special reasons make it reasonable to extend the complaint deadline. An extension of the appeal period beyond 4 weeks must be notified in writing and be justified.
Deficiency before departure
The customer can terminate the agreement before the package tour starts if it is clear that the package tour will have significant defects.
The same applies if the terms of the agreement are changed and the change is to a significant disadvantage for the customer. A price increase of more than 8% must always be considered a significant disadvantage. In this case, the customer must notify Awayzing Travel AS of the cancellation within a reasonable time. Unless special reasons dictate, such notification should be given no later than one week after notification of the change was received, or as soon as possible if notification is received shortly before departure.
However, reservations are made regarding changes in the program order and changes in train, boat and plane departures, as well as circumstances beyond our control. Where we are held responsible for defects in the journey that must be attributed to the airline, acceptance of our travel conditions is also the customer's authorization for us to bring forward claims against the airline on his behalf, where we have previously assumed this responsibility in writing.
The customer is then entitled to a full refund of all amounts paid as well as any compensation according to the rules in Section 29 of the Package Travel Act.
Alternatively, he has the right to participate in another package tour of similar or higher quality if Awayzing Travel AS or the intermediary can offer this. If the proposed alternative travel services lead to a package tour of lower quality than agreed, the traveler must be given an appropriate price discount.
If Awayzing Travel AS cannot offer such a replacement trip, the customer can purchase a trip that corresponds to the original one within reasonable limits and hold Awayzing Travel AS responsible for any additional costs associated with this purchase according to the usual rules of compensation law. If such a purchase of cover is significantly more expensive than the price of the original journey, compensation cannot normally be expected.
We reserve the right to print errors in our detailed program and price list, as well as our websites.
Deficiency after departure
The package tour has a defect in the absence or defective delivery of the travel services included in a package tour and this is not due to the customer or conditions on his part. The customer is obliged to report any defects he discovers without undue delay. Claimable defects after departure give the customer the following rights:
Remedy: The customer can demand that Awayzing Travel AS remedy the defect if this can happen without unreasonable cost or inconvenience to him. The remedy must take place within a reasonable period set by the customer. If the deficiency is not remedied within the deadline, the traveler can remedy the deficiency themselves and claim the necessary expenses reimbursed.If the customer refuses rectification that will remedy the defect, or if he fails to advertise to Awayzing Travel AS or Awayzing Travel AS' representative where this is possible, so that rectification can take place, he loses the right to further claims.
Alternative travel services:The customer can demand that Awayzing Travel AS offers an alternative travel service if a significant part of the travel services cannot be delivered according to the package travel agreement. Awayzing Travel AS shall, if possible, offer an alternative travel service of equivalent or higher quality without additional costs. If the proposed alternative travel services lead to a package tour of lower quality than agreed, the traveler must be given an appropriate price discount. The traveler can only reject the offer if they are not comparable to what follows from the package travel agreement, or if the price discount is insufficient.
Price reduction: If the defect is not remedied, the customer is entitled to an appropriate price discount for the period the package tour has had a defect.
Elevation: If the package tour has a defect that significantly affects the execution of the package tour and Awayzing Travel AS has not remedied the defect or offered alternative services, the customer can cancel the agreement and claim back the value of the travel services that have not been delivered.If the customer cancels the agreement according to this provision, he is entitled to free transport back to the place of departure or another place where the trip should have ended, if the package trip contains a transport element. The rules in point 6.2., 3rd paragraph apply in the same way.
Compensation: If the package tour is defective and this leads to the customer suffering a loss, the customer can claim compensation from Awayzing Travel AS. Awayzing Travel AS' obligation to pay compensation according to the foregoing is waived if Awayzing Travel AS can prove that the deficiency is due to unavoidable and extraordinary circumstances. The right to compensation also does not apply if the defect is caused by a third party who is not connected to the delivery of the travel services included in the agreement, and the defect could not have been foreseen or avoided. Where transport legislation limits the scope of or conditions for compensation from a carrier, the same restrictions apply to Awayzing Travel AS.
Where Awayzing Travel AS' liability for damages is not already limited under other transport legislation, Awayzing Travel AS can limit the compensation in the package travel agreement, but not to less than three times the total price of the package travel. The restriction does not apply to personal injury or damage caused intentionally or negligently by Awayzing Travel AS.
The relationship with other transport legislation
The customer's right to a price reduction or compensation does not limit the customer's rights under other transport legislation. Price reductions and compensation under the Package Travel Act and compensation under other transport legislation must be deducted from each other, so that the customer is not given too much compensation.
The customer can direct his claim for price reduction or compensation to Awayzing Travel AS for the package tour. Any claims against the carrier (e.g. the airline) under other transport legislation (including standard compensation under the EU regulation on air passengers' rights) must be directed against the carrier.
Regardless of whether Awayzing Travel AS is liable for compensation in accordance with the above, the traveller is obliged to limit the loss as best he can. Compensation cannot be claimed for loss or damage caused by the traveller's own negligence or circumstances.
The relationship with EU Regulation 2004-261(Delays, cancellations, and overbookings)
The provisions can be found at this address: https://lovdata.no/static/SF/pdf/32004r0261.pdf.
In the event of delays, cancellations and/or overbooking, the rules that follow from the EU's aforementioned regulation apply.
Any claims under this regulation must be directed against the carrier.
Where the EU regulation gives the passenger the right to cancel the transport contract, this does not apply to the rest of the package travel unless the deficiency is of such a nature that the conditions for canceling the purchase of the package travel are present, cf. section 8. Smaller delays usually result in no right to cancel the purchase of the package tour. If the passenger chooses to cancel/cancel the purchase of the trip according to the provisions of the EU regulation, but the conditions for canceling the purchase of the package according to the Package Travel Act are not present, the customer must only have refunded the part of the purchase price that relates to the transport. Awayzing Travel AS is obliged to make the customer aware that a full refund of the package travel price will not then take place.
The following conditions are not normally considered to be defects in the package tour according to the provisions in section 8:
a) Deviations from expectations the customer has had, and which were not created by Awayzing Travel AS, such as e.g. different building standards at the destination or other destination-related conditions, if the conditions the customer complains about, must be considered to be "usual" at the destination.
b) Abnormal weather and other natural conditions that Awayzing Travel AS did not or should not have been aware of.
c) Circumstances that the traveller must take into account may arise from time to time, and which are beyond Awayzing Travel AS' control or which do not deviate from what is considered assumed in the agreement. A change of residence due to overbooking shall not be regarded as "foreseeable deviations".
d) Delays during transport or changed departure/arrival times, when the stay at the destination is not shortened by more than a maximum of 6 hours for journeys lasting less than 5 days, or 8 hours for journeys lasting between 5 and 8 days, or a maximum of 12 hours for journeys with a duration of more than 8 days. If the delay/change in departure/arrival times is due to measures from the aviation authorities, exceptional weather conditions, congestion in the airspace or other, similar conditions that Awayzing Travel AS or the carrier cannot have an impact on, the deadlines specified above are doubled. The fact that the situation is not described as a deficiency according to this provision does not prevent the customer from having the assistance and any compensation the customer is entitled to according to the aforementioned EU regulations.
e) Deviations from the agreed that are due to the customer's own circumstances.
10. DISPUTE RESOLUTION
In the event of a complaint, the traveller must be made aware of the complaint procedure, and that if the customer's complaint/demand is not met or if the parties do not agree, the case can be brought before the Complaints Board for Package Travel (Package Travel Board) https://reiselivsforum.no/web/home/ or other dispute resolution body as well as any appeal fees in this connection. In the case of court proceedings, Oslo District Court is adopted as venue. Each lawsuit must be governed by Norwegian law.
The EU's complaints portal can also be used if the customer wishes to lodge a complaint. It is particularly relevant if the complainant is a consumer resident in another EU/EEA country. The complaint is lodged here http://ec.europa.eu/odr.
11. INFORMATION AND USE OF IMAGES
Awayzing Travel AS informs about its trips through brochure material, publications and the internet (www.awayzing.no). The reports published on www.awayzing.no may mention participants by the first name. Awayzing Travel AS also uses travel photos actively in its communication and marketing. Participants may be pictured and images used in various media.