TERMS AND CONDITIONS
English: Lomma Beach House offers products and services to clients all around the world. Our terms and conditions are written in English. If you have any problem understanding the content of this document, please contact us by phone: +46 733 700 415 or e-mail: firstname.lastname@example.org
Svenska: Lomma Beach House erbjuder sina produkter och tjänster till kunder över hela världen. Våra allmänna villkor är därför på engelska. Om du har några problem med att förstå hela eller delar av detta dokument ber vi dig kontakta oss på telefon +46 733 700 415 eller e-post: email@example.com
Lomma Beach House is a Swedish registered company and has therefore based these terms and conditions on the general conditions for package tours set down by the Swedish Travel Association.
1. The Agreement
When a booking has been committed and confirmed by Lomma Beach House, an agreement between the person who made the booking and Lomma Beach House has been made. The person doing the booking is accepting the responsibility in a booking agreement for themselves, as well as prospective others that the person has booked accordingly. By booking on the behalf of others, it becomes the same person’s responsibility to make the others aware, as well as get their acceptance of the terms and conditions. By engaging the booking agreement, the customer also becomes obligated to pay the following invoice(s) in full by the set date. Unless the customer can document that the payment of the deposit has been withdrawn by the set date, the provider is not bonded by the agreement unless the payment has been registered on the organizer or provider’s account by the following day.
2. The contents of the agreement
The agreement encloses the package tour as it is set out in the booking and confirmation, proof of travel or similar documents, as well as other additional services that are included in the package tour as set out by the agreement between the parties. The agreement also includes the organizer’s prospective conditions.
The information that the organizer has given through catalogs, brochures or similar, is part of the agreement unless they can be regarded as meaningless for the costumers’ purchase of the package tour. The information will not be reckoned as a part of the agreement if they have been modified considerably before the agreement was engaged. The organizer shall make the reader aware that the information can be modified before the agreement is engaged in the information material.
Connection travel will only be included in the package, if the connection travel is promoted as an integrated part of the package tour or that it in an evident way has been included in the agreement by the customer. The agreement will also include additional services to the package tour that the parties have agreed upon.
Different offers that the customer may choose to make use of throughout the stay, that have not been described as included in the package tour, or in its price, are not regarded as a part of the package tour.
3. Price and terms of payment.
The quoted price for the travel shall include all taxes, charges and fees Swedish and/or foreign authorities may charge for the services provided. Furthermore, the price shall include prospective supplements for the individual wishes the customer may have related to their order or other services the organizer have agreed to include on the package tour. Costs or discounts linked to the additional services or specifications shall be clearly stated in the price schedule.
The price of a prospective cancellation fee and/or travel insurance will be in addition to the price of the package tour and is not enclosed by the determinations under this heading. The same abides for any approved travel that is not part of the package tour.
3.2. Terms of payment
The different ways of payment are specified in section 3.2.1.
The billing procedures of Lomma Beach House involve transmission of invoices on weekdays with the payment date set to 2 weeks later or at least two weeks before departure, whichever comes first. If the payment is delayed, a reminder with additional fee and a new date of payment will be issued. By furthermore delays of payment, the case will be transmitted to a debt collector. Be aware that the booking is an obligating agreement of purchase, and that you as a customer is obliged to pay unless you commence a written cancellation in accordance with the terms of section 4.
3.2.1. Direct payment of the full amount
The full amount of the purchase will be invoiced with the payment date set to two weeks later. By choosing this way of payment, there will be no additional administration fee.
If the terms of payment listed above are not withheld, Lomma Beach House has the right to regard the booking as annulled, and can prospectively sell the booking to someone else.
4. The customer’s right to refund, cancel or change
All cancellations and refund demands must be sent in written form, either by mail to the address listed at the bottom of these terms and conditions, or by e-mail to firstname.lastname@example.org
4.1. Wind, wave, snow and weather conditions
Lomma Beach House are not responsible for wind, wave, snow and weather conditions during your stay, and will have the right to cancel surf/snow/skiing lessons, guided tours up the mountain, if wind, surf, snow and weather conditions make it impossible or unsafe to run lessons as planned. Instructors and guides working for Lomma Beach House will have the full right to make decisions about whether the conditions are appropriate or not for lessons, and will also do their best to give the missing lesson(s) back at another time during your stay. Clients cannot claim a refund because of snow and weather conditions.
4.2. Cancellation with amends
The date of which Lomma Beach House receive the cancellation will be crucial for the amount of the amends refunded.
Cancellation in days before departure and percentage of total amends refunded:
Over 90 days 85%
60-90 days 70%
30-60 days 50%
Under 30 days 0%
There will be no refund if the customer chooses to cancel a package tour after it has commenced unless the cancellation is in accordance with section 4.2.
4.3. Change of date
Lomma Beach House will do their best to change the date of a booking if this is a request from the customer. However, be aware that this has to be done at the latest 1-month prior to the departure, as well as that such change is dependent on the availability of the desired dates. Change of date will entail an administration fee of 250SEK. Change of date can also entail added costs according to price adjustments alongside seasonal circumstances at the destination. Lomma Beach House is required to inform the customers of a prospective rise of product costs by requests from customers to change the dates of a package tour.
4.4. Transfer of tour
The customer has the right to transfer the package tour to someone who fulfills the terms and conditions of participation in the package tour, for a fee of 250SEK. The pre-requisite is that Lomma Beach House is notified within a reasonable time before the tour starts. The transfer will not be possible if the package tour also includes products from providers who forbid such transfer. Charter flights are included in this category of sub-providers.
The organizer’s obligation to inform is regarded as fulfilled towards the new customer as long as it is fulfilled towards the person transferring the tour. If it is necessary to provide additional information, and it is reasonable to do so, the organizer will still be obliged to provide the necessary information to the customer receiving the transferred tour.
5. Travel insurance, visa, and health
Every participant is individually obliged to get a hold of a travel insurance that covers medical treatment. The activities that are offered through Lomma Beach House includes a certain risk (even with the presence of instructors/guides), and it is the customers own responsibility to make sure their insurance covers the activities Lomma Beach House offers at the chosen destination.
5.1. Visa determinations
Portugal is a part of the Schengen Agreement
Nordic citizen or other citizens with a valid visa for the Schengen area does not need a visa to travel to Portugal. Your passport must be valid during your stay.
Norway is a part of the Schengen Agreement
Nordic citizen or other citizens with a valid visa for the Schengen area does not need a visa to travel to Norway. Your passport must be valid 6 months after leaving the country.
Brazil is not a part of the Schengen Agreement.
Nordic citizen does not need a visa for a stay in Brazil less than 90 days.
Your passport must be valid 3 months after leaving the country.
Nordic citizen does not need a visa for a stay in South Africa less than 90 days.
Your passport must be valid 3 months after leaving the country.
Morocco is not a part of the Schengen Agreement.
Nordic citizen does not need a visa for a stay in Morocco less than 90 days.
Your passport must be valid 6 months after leaving the country.
If you travel without a Nordic passport, contact the embassy of the country you will visit to get information about visa requirements.
5.2. Health information
The customer shall prior to the signing of the agreement, be informed of prospective health-related formalities that can occur during the travel and stay.
When booking, the customer is asked to forward information to Lomma Beach House of health relations that can cause issues for the customer at the destination, as well as contact information to next of kin in case of an emergency or accident.
6. The organizer’s right to change or cancel the package tour without liability
The organizer cannot change the terms and conditions or the specifications of the package tour if this is problematic for the customer after entering the agreement, unless this change is explicit in the specific agreement, in the proof of travel or other agreement documents. The organizer is obliged to inform the customer in writing as soon as possible if he wishes to change the conditions or contents. The organizer shall at the same time inform the customer that he is entitled to annulate the purchase if the changes entail the travel to lack essentialities. If the customer has not demanded this right within three days after the information of change has been issued, the customer loses the right to demand annulment of the purchase or price reductions. If this time limit is impossible to withhold due to special circumstances, the customer is obliged to contact the organizer as soon as possible and within a reasonable time. The organizer has the right to transfer the customers to other quarters that are more suited the remaining group size and still responds to the originally booked quarters. The right to such transfer is conditioned by the transfer not reducing the contents of the chosen package tour, or making the given information about the package tour or additional services no longer possible to fulfill.
Lomma Beach House has the right to make smaller changes in the content of the package tour after the agreement is signed, in a degree that it is not problematic for the customer, and as long as the customer has been notified of the changes as soon as possible. If the changes made by the organizer entail the tour to lack essentialities, then the customer is entitled to annul the tour as long as this right has been claimed within three days after the information about the change has been given.
Lomma Beach House can cancel a tour if 1) it is not enough participants signed onto a tour, 2) the conditions at the destination makes it inadvisable to travel due to risk of the travellers life and health, 3) force majeure conditions that were impossible to foresee when the agreement was entered, and makes it difficult or inadvisable to execute the tour.
If a cancellation is necessary, Lomma Beach House is obliged to execute a written notification as soon as they are aware the conditions that make the cancellation a fact. A cancellation entitles the customer to receive the full amount paid to Lomma Beach House for the package tour.
If Lomma Beach House finds it necessary, an already started package tour can be canceled or changed. By such cancellations, the traveler has the right to demand the refund of an amount equivalent to the number of days the traveler has not made use of. When changing the tour, the customer will be informed of what refund regulations that will abide at the specific destination, and the possibility to make the choice whether they want to cancel the travel, or accept the changes that will be made.
7. The obligations of the parties
7.1. The obligations of the organizer
The organizer shall execute the tour accordingly to what is agreed with the customer, as written in section 2. If unforeseen conditions still makes it necessary to make changes in the tour, the organizer shall within reason make sure the customer experience the least possible implications. The organizer shall as soon as possible inform of conditions that he understands or should understand, is of importance to the customer. He must in coherence to this, ask the customer the questions that are necessary to fulfil the obligation to inform.
If the customer states deficits by the tour, the organizer is obliged to do what is reasonably possible to correct the deficits as soon as possible.
7.2. The obligations of the customer
The customer is obliged to pay the agreed amends within the time set in the terms and conditions. Essential non-compliance of payment, gives the organizer the right to annul the booking.
The customer is obliged to give the organizer the relevant information that he understands or should understand, is of importance to the execution of the package tour. The customer is furthermore obliged to read the terms and conditions the organizer has enclosed in his catalogue or other informational documents, as well as adjust to the claim regulations that is stated under section 9.
The customer is obliged to bring valid passports, prospective visas or health certificates, tickets and other documents that are necessary for the travel.
The customer is obliged to gain such documents that might be necessary for the individual travel, and he/she is obliged to sign the insurances he personally feels necessary. The organizer has the right to reject a customer if he is without the necessary documents.
The customer is furthermore obliged to adjust to the organizer’s own regulations as they are presented to him before the signing of the agreement, the hotel’s or other provider’s rules and regulations, as well as the transporter agencies’ and the official authorities’ rules and laws. The customer shall also adjust to advises given by the organizer such as time and place of meeting during the tour, as well as the advises the tour operators gives in accordance of unforeseen events during the tour. The individual participant on the tour must not present himself or herself in such way it is disturbing the other participants, or creates a safety or practical problem to the organizer.
The organizer is entitled to reject a participant at the start of the tour if the participant’s behaviour or state makes it obvious that he is unable to fulfil the demands in this section. Foul breaches of these terms after the relation is pronounced, entitles the organizer to refuse the specific participant further participation on the tour. The organizer is then without any liability for additional fees in accordance to the change of the return travel. The rejected customer is without right to demand refunds of the unused tour days.
The customer is obliged to abide the organizer’s prospective regulations of the confirmation of return tickets on charter flights. If this is not withheld, the reserved seats cannot be estimated use.
Furthermore, the customer is obliged personally to stay orientated of prospective changes in the times of departure by contacting the organizer’s representative if the customer has removed themselves from the travel company or in any other way made themselves unavailable for the last 24 hours prior to the departure. The customer is obliged to pursue the organizer’s encouragements to read the organizer’s notions, visit information desk or reception, as long as this does not ensure unnecessary hassle or problems for the customer. The customer can be made liable for losses or additional expenses that are inflicted the organizer due to foul breaches of these terms and conditions. The customer is responsible for destructions etc as following regular indemnification regulations.
The one who books a package tour on the behalf of others, is obliged to ensure that the other participants are able to follow the regulations set down by the organizer, and that the specific package tour is of such a nature that the others may participate without endeavour to themselves or others.
The activities Lomma Beach House offer, involves a certain risk of damage of both person and equipment, even with the observation from our guides and/or instructors. Each participant must submit to instructions from Lomma Beach House and our instructors/guides to ensure safety and comfort to each and every participant.
Lomma Beach House, as well as the instructors and guides Lomma Beach House uses, cannot be held responsible for prospective accidents/personal injuries during the stay. All activities during the tour will take place at their own risk, and it is the participant’s own responsibility to ensure that he/she has a valid travel insurance (section 5.0). If the equipment is injured, every participant is obliged to report the injuries and cover the cost if the injuries are due to carelessness.
Furthermore, it is the participant’s own responsibility to bring a valid passport and visa (section 5.1) as well as the correct vaccinations. If you are uncertain of needing vaccinations, contact the nearest medical centre.
8.1. Deficits prior to the departure
The customer can annul the agreement before the package tour starts if it is clear that the tour will entail essential deficits. The same abides if the terms and conditions of the agreement is changed and the change is of essential hassle to the customer. Price raises abiding more than 10% shall always be acknowledged as an essential hassle. The customer shall in such situations notify the organizer of the annulment within reasonable time. Unless specific reasons abides, such notification should be given within 3 days.
The customer is then entitled full refunds of the paid amends. Alternatively, he is entitled to participate in a different package tour if the organizer or provider is able to offer this. If the compensating tour is more expensive, the customer should pay the price difference. If the tour is cheaper, the organizer shall refund the difference between the original tour and compensating tour, prospectively added the refunds mentioned in the prior sentence. If the organizer cannot offer such a compensating tour, the customer can buy a tour corresponding the original tour within reason, and the organizer can be held responsible for prospective cost of this purchase following regular indemnification regulations. If such a purchase is essentially more expensive than the price for the original tour, a refund is normally not included.
If the customer, despite his right to annul the purchase due to deficits, wishes to make use of the original tour, the customer is entitled a conditional price reduction. If the deficit is a price raise of more than 10%, the customer’s choice is to either annul the purchase or take part in the tour at the new price if other is not agreed between the parties.
8.2. Deficits after departure
The package tour is deficit when it deviates from what is set or foreseen in the agreement, and that this is not due to the customer or conditions relating him/her. Deviations from the agreement is not regarded a deficit if they are of less importance, or of a nature that the customer must assume it may occur from time to time. The same abides for deficits in natural conditions that the organizer is not able or should have been able to know or manage.
The customer is obliged to claim deficits he/she experiences as soon as possible. Claims that are stated later than the time limits in section 9 will normally entail the prospective rights of the customer to expire. Claimable deficits after departure gives the customer these rights: A) The customer can claim the organizer to remedy the deficit if this is possible within reasonable costs and without implications to the organizer, and to the customer. If the customer declines the corrections that will remedy the deficit, he looses the right to furthermore demands. B) If the deficit is not remedied, the customer is entitled a conditional price reduction, prospectively the refund of reasonable expenses the customer has covered to improve the deficit when the organizer has been unable to do so. C) If the package tour is of essential deficits, and the main aim of the tour has expired due to this, the customer is entitled to annul the purchase and claim the amends paid in accordance to the agreement. If the customer annuls the agreement due to this term, he/she is entitled deduction free transport if the package tour includes a transport element.
Compensation cannot be claimed for loss or injuries due to carelessness of the customer themselves. The following conditions is normally not regarded as a deficit after the regulations of this section:
I. Deviations from the agreement that is of less importance to the execution of the tour, or that is without influence of the choice of tour.
II. Deviations from the expectations that the customer has had and is not created by the organizer, for example other building standards at the destination or other issued conditioned by the destination that are regarded “normal” at the destination.
III. Abnormal weather, – and other nature given conditions the organizer had not and should not have known.
IV. Conditions the customer must estimate possible to occur from time to time, and that is without the organizer’s control and that is not deviating from what is regarded foreseen in the agreement. Change of settlement due to overbooking, shall not be regarded “probable” deviations.
V. Delays during transportation or changed departures/arrivals, when the stay at the destination is not shortened with more than maximum of 6 hours for tours with a duration of less then 5 nights, or 8 hours for tours with a duration between 5 and 8 nights, or maximum 12 hours for tours with a duration for more than 8 nights. If the
delay/change of the departure/arrival time is due to efforts from the aircraft authorities, exceptional weather conditions, overcrowding airspace or other similar conditions the organizer or the transport agency is without control or influence, the preset deadlines are doubled.
VI. Deviations from the agreement due to the customer’s personal conditions.
9. Claim limitations
The customer is obliged to notify the organizer within reasonable time if he experience a deficit that will give him the rights of compensation within section 8 a)-d). If the deficits are detected after the start of the package tour, the customer must claim the deficit on the spot. In either way, the complaint must be stated to the organizer or the travel agency where the tour is bought, at the latest 4 weeks after the tours` termination, unless specific conditions makes it reasonable to extend the claim date.
10. Conflict Management
By claims of compensations, the customer shall be informed of the complaint procedure and that if the complaint is not accommodated or that the parties agree, the case can be brought to the The National Board for Consumer Disputes (Allmänna Reklamationsnämnden, ARN) or other conflict management organizations, as well as prospective complaint fees in accordance to this.
These “Terms and conditions of bookings of Lomma Beach House kite, surf and snow products” is valid from the 11.10.2015.
Lomma Beach House takes reservations from prospective errors in informational documents and price listings, as well as prospective changes that may occur after the printing of informational documents and price listings.
Lomma Beach House AB
VAT #: SE556911051201
234 34 Lomma