GENERAL TERMS OF BUSINESS ICE ADVENTURE
SERVICES
Basis of the contract are individual services which are combined to an individual travel offered to the client. In case changes of this offer are requested by the client between having signed the contract and date of travel, the contract agreed upon is still valid and will be changed accordingly.
AGREEMENT AND CONFIRMATION OF CONTRACT
After having agreed upon the individual offer and the client has registered with the tour at ICE ADVENTURE, ICE ADVENTURE offers the client the legally binding contract which includes all services booked at that stage. Each contract consists of a detailed description as well as quotation of the travel where the amount of passengers is stipulated. The contract includes as well all services for the staff of ICE ADVENTURE. ICE ADVENTURE undertakes the entire planning and execution of the tour.
The registration can be done in writing, oral or by phone. Having sent out the confirmation to the client by ICE ADVENTURE the contract is legally binding for both contract parties. The general terms of business published on the website of ICE ADVENTURE are valid. In addition, the general terms of business are sent out together with the confirmation. After a period of 10 days without objection, they are considered as accepted by the client.
CONTRACT AND PRICE CHANGES
The currency used in the contract will be stipulated as € whereas for all prices mentioned in each offer the corresponding exchange rate to Icelandic Krona, ISK is shown. ICE ADVENTURE reserves the right to adopt all prices in case of currency changes. Furthermore ICE ADVENTURE reserves the right to surrender any price increases to the client due to increase of airport taxes or fuel surcharges. A price increase is permitted only when the tour is executed later than 4 months after having confirmed the contract. Price increases are possible only until 21 days prior to departure. The increase can be at the most 10%.
PAYMENT
The client effects full payment of all services for all participants booked in advance as well as for all services booked during the tour. When having signed the contract a down payment of 15% is due to be paid. Final payment has to be executed no later than 6 weeks prior to arrival. The travel documents will be surrendered only after having received final payment. In case of a separate contract, the terms of payments apply in that contract. Payments for all additional services booked during the tour have to be executed no later than 4 weeks after the tour.
In case the client does not execute payment, ICE ADVENTURE is entitled to cancel the contract on their behalf and claim for damage according to the cancellation fees and any addtional costs caused by the cancellation. This applies only under the condition that at that stage no lack of service already existed which caused failure of payment by the client.
CANCELLATION
Every tour is entitled to be cancelled before departure. The cancellation of the contract has to be given in writing. The cancellation is valid only from the day it arrives at the office of ICE ADVENTURE.
In case some participants withdraw from the contract or they do not join the tour without having cancelled before, the following cancellation fees apply:
3 months until 45 days prior to departure: Euro 150.--
44 - 31 days prior to departure: Euro 200,--
30 - 22 days prior to departure: 30 % of contract price
21 - 15 days prior to departure: 40 % of contract price
14 - 7 days prior to departure: 60 % of contract price
6 - 3 days prior to departure: 70 % of contract price
Of 2 days prior to departure : 80 % of contract price
No Show: 100 % of contract price
In case the whole group is cancelled the following cancellation fees apply:
For published tours until 3 months prior to departure Free of charge
For published tours from 3 months prior to departure, for all other groups such as incentive and corporate travel, conferences and group travel with a stipulated amount of guests, from receiving the order
Until 60 days prior to departure 15% of contract price
59 - 45 days prior to departure: 30 % of contract price
44 - 30 days prior to departure 50 % of contract price
29 - 15 days prior to departure 70 % of contract price
From 14 days prior to departure 100 % of contract price
For groups with a turnover of more than 52 000€ and more than 35 passengers separate terms of business can be agreed upon according to the specific needs of each client. Otherwise above mentioned terms of business apply.
In case of partial cancellations ICE ADVENTURE reserves the right however to charge them to the client if they are not able to be cancelled free of charge.
INFORMATION ABOUT CURRENT LIST OF REGISTERED PARTICIPANTS
The client is obliged to inform ICE ADVENTURE about the current situation of registrations. 3 months prior to arrival the majority of registrations should be finalized. Otherwise part of the reservations will be given back to the suppliers.
NAME CHANGES
Name changes are possible at any time. For name changes after having issued the travel documents, the following fees apply: € 150,-
MINIMUM AMOUT OF PASSENGER
In case the minimum amount of passenger will not be reached due to one or more cancellations, ICE ADVENTURE reserves the right to recalculate the tour or to ask for cancellation fees.
INSURANCES
We recommend a health insurance as well as travel cancellation expenses insurance.
FORCE MAJEURE
Due to force majeure according to § 651j BGB the contract can be cancelled by both parties. In case force majeure occurs before departure, all prepayments will be paid back by ICE ADVENTURE deducting all costs related so far to the project and a compensation of expenses of 5%. ICE ADVENTURE is obliged to transport the participants back home. All possible costs arising in addition with the transportation are to be paid equally by both parties.
LIABILITY OF ICE ADVENTURE
ICE ADVENTURE is liable according to the legal duties of a sales man according to German law for the careful preparation, selection and supervision of suppliers and the proper execution of all services agreed upon. Furthermore ICE ADVENTURE is liable for any errors caused by any person involved in the project.
GUARANTEE AND REMEDIAL MEASURES
In case the tour is not executed properly, the client can claim for damage according to the same amount for another service of similar quality. If this is not possible, the client can claim for reduction of the specific price in question or for the whole contract price. This has to be indicated to the local guide or directly to ICE ADVENTURE. The client is not obliged to indicate the claim for damage, if he is not able to indicate the lack of service due to severe difficulties. Does the client not indicate the lack of service without having severe difficulties to do so, he is not entitled to claim for any damage.
In case the quality of the tour is considerably affected by the lack of service and ICE ADVENTURE does not execute any remedial measures within a reasonable time limit, the client can cancel the contract according to legal conditions. In case it is impossible to execute any remedial measures or they are refused by ICE ADVENTURE, the contract can be cancelled immediately due to a special interest of the client.
LIMITATION OF LIABILITY
The liability of ICE ADVENTURE for all damages except personal damages, is limited to the triple of contract price under the condition that a damage is not caused neither wilful nor reckless by the client. Furthermore ICE ADVENTURE is liable for any damage to a guest caused by a mistake of a local supplier.
ICE ADVENTURE is not liable for any damage caused by transport even not for scheduled flights as this is a separate service. A possible liability is regulated in this case according to the terms of transport by the respected carriers.
For all claim for damage against ICE ADVENTURE due to any action not permitted which does not originate of being wilful or reckless, ICE ADVENTURE is liable for € 4100 per person. If this amount exceeds the triple contract price, the liability for damage to property is limited to the triple contract price. All the figures mentioned above are valid per guest and travel.
A claim for damage against ICE ADVENTURE is limited or impossible in case that due to international treaties or regulations based upon such treaties, a claim for damage against the supplier is only possible under certain conditions or limitations or it is impossible.
ICE ADVENTURE is not liable for any printing or invoice errors or errors of translation.
COOPERATION BETWEEN CLIENT AND ICE ADVENTURE
Each client is obliged to cooperate in case any errors in the execution of a tour occur in order to limit or avoid any possible damages according to legal regulations. Furthermore the client is obliged to indicate the lack of service immediately to the local guide. The guide is responsible to eliminate the lack of service in case this is possible. In case the client does not indicate the lack of service immediately, there is no right to claim for damage.
EXCLUSION AND LIMITATION OF CLAIMS FOR DAMAGE
Any claim for damage against ICE ADVENTURE due to lack of services during the tour can be indicated in writing only within one month after the termination of the tour. After expiry of this time limit the client can indicate such claims for damage only if he was prevented to meet with this time limit due to reasons not caused by him. The reception of such claim for damage at the office of ICE ADVENTURE is decisive, contract claims are limited to one year after termination of the tour.
PASSPORT, VISA AND HEALTH REGULATIONS
Please observe the current passport, visa and health regulations for Iceland and Greenland. For failure to comply with such regulations ICE ADVENTURE cannot be held responsible.
REMARKS
All changes which differ from these terms of business need to be done in writing.
The legal invalidity of some of the regulations of the contract does not lead to a legal invalidity of the whole contract.
Legal domicile is Berlin.
It applies German law.
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