Explore 62 North (E62) - Terms & conditions
These terms and conditions apply to your booking for a holiday and/or sea passage in Norway and on Explorer voyages. Please read them carefully, as you will be legally bound by them.
First note! About our concept "ski and sail" We mostly use the motor because of time schedule but we host the sail when we have time and wind conditions to sail. Norway at winter time have fast changing wind conditions in the fjords surrounded by high mountains.
Second note! All explorers must help out with some "work" onboard, like prepare breakfast / dinner and hoist the mainsail. Westland is not a cruise ship but more likely an expedition boat. It is important that every explorer has the right expectations and understands our concept correctly.
Third note! This very first season, 2020 we only have group booking from 4 - 6 explorers. It is important for the atmosphere onboard that our guests know each other. Also, it is important for our mountain guides that the ski & hike level of the group is about the same.
Your contract is with Explore 62 North AS, based on these conditions and the information contained on web, digital content and print, and shall be governed by Norwegian law and the jurisdiction of the Norwegian Courts.
Your booking is confirmed when you receive a confirmation e-mail with a booking reference number. We recommend all our guests to print this confirmation and bring it with you when you arrive for your stay/tour. A minimum age of 18 applies to make a booking through Explore 62 North AS.
3.0 Payment security
The payment is processed at the time of booking. Explore 62 North AS is responsible for the actual transaction and for ensuring that the correct amount is charged to your card. All personal data and credit card information is handled on an encrypted site (SSL 128 bit), so all information provided is secure
4.0 Deposits and payments
Explore 62 North AS use third partied certified local guides and or instructors for our activities. Therefore, a deposit of 25% is required to hold your spot on a program with Explore 62 North AS.
On the effecting of the travel contract, the contracting party must pay an advance as stated in the travel information, of the total price to E62, unless otherwise stated in the travel confirmation. The remainder of the price must have been received 60 days before departure date by E62. If the travel contract has been agreed within 60 days of departure, the full price must be paid immediately.
contracting party is liable to pay interest on the sum due of 1% for each month or part of a month of default. Furthermore he/she is liable to pay compensation of extra?legal collection costs equal to 15% of the sum claimed, with a minimum of NOK 500. If the contracting party fails to comply with his/her payment obligations, E62 reserves the right to cancel the contract on the day of default, with no further obligations. E62 is (however) entitled to charge the cancellation costs incurred (in line with paragraph 6 or as agreed otherwise in the travel confirmation).
5.0 Cancellation of the trip by E62
Notwithstanding to what is mentioned elsewhere, E62 reserves the right to cancel any trip prior to or during the departure for compelling reasons, in which case the payment in advance (indicated in the invoice / travel confirmation) but no additional sum, will be paid back to the contracting party and E62 does not accept any claims, that may be related to such a cancellation, such as but not limited to loss of joy (of holiday), consequential and/or indirect (commercial) damages, loss of earnings and or profit, loss of market, loss of business, loss of customers, loss of opportunities, commercial losses or damages, loss of or damage to commercial image and or reputation.
Notwithstanding to what is mentioned elsewhere, E62 has the right to cancel the scheduled trip up to 30 days before departure, if the minimum number of participants has not been achieved. Any payment already achieved from the contracting party will be paid back by E62 if the contracting party is not in agreement with an alternative trip offered by E62.
Notwithstanding to what is mentioned elsewhere, E62 has the right in the case of force majeure (such as but not limited to war, uprising, natural disasters, abnormal / exceptional weather and ice conditions, legal stipulations of the local/regional authorities and other events and situations that are beyond the control of E62) to cancel the trip. E62 may not be held liable for force majeure. If situations of force majeure occur before departure date and E62 should cancel the trip, payments made in advance will be paid back to the contracting party. If situations of force majeure occur during the trip, E62 will try to offer an alternative program. If this is not possible, either E62 or the contracting party is entitled to cancel the trip. In such a case, E62 may not be held financially liable. E62 is obliged to assist the contracting party ? in the case of a (travel) organization: the client(s) of the (tour) organizer ? in obtaining a return trip/flight. The contracting party him/herself is responsible for the costs of this.
6. Cancellation of the trip by the contracting party
The contracting party may cancel the travel contract (exclusively in writing) at any time before the beginning of the trip. In the case of cancellation by the contracting party, E62 is entitled to charge the following cancellation fees to the contracting party:
* up to and including 60 days prior to departure: full deposit;
* from 59 days up to and including 30 days prior to departure: Must pay 50% of the total amount.
* from 29 days up to and including the day of departure: Must pay 100% of the total amount.
Other (deviating) cancellation policies / fees (for example in the case of group charters, block charters or whole boat charters) may be applicable; these are valid only if confirmed by E62 in writing (in e.g. the original offer made, travel confirmation, (block) charter agreements or in communication sent later) and these cancellation policies shall prevail over those of the cancellation policy / fees as mentioned in paragraph 6.1.
If the contracting party after booking wishes to introduce changes into the booked trip, this is considered a cancellation and the cancellation costs stated in paragraph 6.1 and 6.2 apply. This will not apply to minor changes at E62’s discretion.
E62 strongly recommends the contracting party, in the case of a (travel) organization: the client(s) of the (travel) organizer, to take out a cancellation insurance to cover the costs of any cancellation of the trip.
7. Liability of E62
E62 is obliged to aim for a correct execution of the trip according to the travel contract and in line with the expectations the traveler may reasonably have on the grounds of the contract.
8. Exclusion and limitation of the liability of E62
Each of the provisions of this paragraph 8 shall take effect to the fullest extent permitted by law.
E62 acts as intermediary for the sale of travel elements between on the one hand providers of accommodation/services (such as but not limited to a stay in a hotel, a voyage with a ship, services of dive bases and providers of transport, including helicopters) and on the other hand the contracting party and therefore the liability of E62 is excluded. In these cases, the conditions of the relevant providers of accommodation/services and/or the stipulations of (inter)national law applies and E62 cannot be held liable for events such as but not limited to complaints, claims, loss and damage of possessions/baggage, personal injury, death etc.
All travel elements booked with E62, such as but not limited to a stay on board of a ship and/or excursions and/or programmed off ship (such as but not limited to walking, sightseeing, hiking, camping, mountaineering and/or excursions or program on or in the water, incl. kayaking, (scuba) diving, swimming, E62orkelling, zodiac driving/cruising and flying activities including helicopter flights) are for 100 % own risk of the contracting party in the case of a (travel) organization: the client(s) or the (travel) organizer. E62 is therefore not liable for any damage, such as but not limited to (bodily) injury, illness, death etc. whatever the reason or cause may be, including consequential and/or indirect (commercial) damages as set forth in paragraph 5.1. For diving trips and or supplements and/or for program and/or trips for which this is explicitly indicated (such as but not limited to trips with helicopters), the contracting party must sign a Liability Release Form (Waiver), a health certificate signed by a doctor and
E62 may not be held liable for loss, damage and robbery of travel documents, baggage or other possessions.
Notwithstanding to what is mentioned elsewhere, E62 shall accept no liability for damage for which there is a claim to compensation based on a travel and/or cancellations insurance (whether effected or not).
E62 may not be held liable for damage as a consequence of the travel contract not being correctly implemented, if the deficiency in the execution of the contract is attributable to the contracting party.
The trips offered by E62 are mainly conducted in “marginal zones” and require the qualification of expedition trips to places where infrastructure and (medical) facilities are often lacking. On booking the trip, the contracting party fully understands that those trips cannot be comparable with any other trip. If for any reason such as but not limited to weather conditions, sea currents, nautical reasons, conditions etc., the decision is taken by E62 to change the program and/or the program cannot be carried out according to the travel description and (certain) places described in the travel program cannot be visited and/or E62 deviates from the program, if E62 has the opinion that such deviation will benefit the quality of the program, or the trip has to be postponed or (partly) cancelled, E62 is not liable for any claims, such as but not limited to refunds, damages, expectations etc. of the contracting party.
Notwithstanding to what is mentioned in 8.6, E62 has the right to delay or postpone the (remainder of the) trip with a maximum of 24 hours, for any reason in terms of a proper and / or safe execution of the trip, such as but not limited to ship operational matters including spare parts, documents, provisions, crew and staff related matters including flight arrivals. E62 accepts no claims such as but not limited to refunds. In the case of longer delays (except for helicopter flights/operations), the contracting party has the right to cancel the trip and E62 will refund the travel price booked by E62, or in the case this longer delay occurs during the trip, the travel price will be paid back on a pro rata basis. Other travel elements such as, but not limited to, flights and hotels will not be refunded.
If for any reason the helicopter flights/operations cannot be offered, such as but not limited to weather, ice, nautical conditions, technical reasons and break downs of the helicopters, no claims of any kind such as but not limited to refunds ? will be accepted by E62, not even if such an event would change, postpone, cancel the (nature/scope) of the trip and /or other travel elements of the trip.
Should E62 decide to carry out a medical evacuation during the trip and this may result in alteration or cancellation of the scheduled trip, E62 accepts no claims of any kind such as but not limited to refunds.
9.0 Obligations of the contracting party
In the case of a (travel) organization: instead of "contracting party" (in paragraphs 9.1 up to and including 9.4) read also “the client(s) of the (travel) organizer”.
The contracting party is obliged to comply with all instructions given by E62 and the travel leadership (such as but not limited to trip leaders, guides, diving instructor and diving assistants, captain and crew of the ships, helicopter personal/pilots, local agents and the personnel of accommodation providers such as hotels, resorts and diving locations) in order to benefit the sound execution of the trip. The contracting party is 100 % liable for damage caused by any improper behavior, such as but not limited to damage to the environment, damage towards fellow travelers or material, damage to the hotels, ships or resorts, to be judged according to the standards of behavior of the model traveler. The contracting party must not commit any breach of any enactment or Law in the country, including regulations and guidelines such as but not limited to the Association of Arctic Expeditions Cruise Operators (AECO), Antarctic Treaty and International Association of Antarctica Tour Operators (IAATO) and any breach or violation is solely the responsibility of the travel participant.
Apart from possible punishment by Law, any contracting party who commits a breach of any enactment, Law or guideline and / or causes such disturbance or who threatens to cause such disturbance, that the proper execution of (part of) a trip is seriously hindered or could result in danger for the contracting party and/or the fellow travelers including E62 and/or the environment, can by or on behalf of E62 (trip leadership or the local representatives) be excluded from (continuation of) the trip (components). In the case of exclusion, the contracting party is not entitled to make any claim for restitution of the price or part of the price.
If the disturbing behavior and/or damage and/or breach/violation (as described in paragraphs 9.1 and 9.2) should occur, all costs resulting from this shall be charged to the contracting party.
The contracting party is obliged to inform the tour leadership of E62 of any negligence noted in the execution of the travel contract, which is noted by him at the location – in the case of a (travel) organization: noted by the client(s) of the (travel) organization. This should be done as quickly as possible, in writing, or other appropriate form of communication, to the relevant tour leader/expedition leader of E62 or the captain of the vessel, who shall immediately do his utmost to find an appropriate solution.
If an immediate solution for the complaints cannot be found, the contracting party – in the case of a (travel) organization the client(s) of the (travel) organization should present these complaints to the relevant (travel) organization, where the trip was booked, upon which the (travel) organizer shall inform E62 shall be obliged to report the complaint to E62 and request help.
E62 (incl. the representatives, trip leadership, local agent) is entitled to reject the complaint in the case that the complaint does not seriously influence the character of the trip and/or the complaint results only in hindrance of minor significance, if exaggerated demands are made, if it is impossible to provide help to the contracting party within the set time limit, if the deficiency in the implementation of the contract is attributable to the contracting party him/herself, if the deficiency in the execution of the contract could not have been foreseen or could not be neutralized, or if the deficiency in the execution of the contract is attributable to situations of force majeure (that is those abnormal and unforeseeable circumstances that are independent of the will of whosoever claims it and of which the consequences, despite every precaution having been taken, could not have been avoided, see also situations of force majeure as described in par. 5.3).
In the case that the complaint has not been satisfactorily dealt with during the trip, the contracting party – in the case of a (travel) organization the client(s) of the (travel) organization should present these complaints to the relevant (travel) organization, where the trip was booked, upon which the (travel) organizer shall present the complaint to E62 ? shall present the complaint to E62 at the very latest within one month of the termination of the trip (the last travel day). The complaint must be presented in writing.
In the case that the complaint has then not been satisfactorily settled by E62 or if proper satisfaction has been not given in this matter, the contracting party is entitled to present the dispute to the Courts of Norway (which courts shall have exclusive jurisdiction).
10. Baggage / Travel documents and insurance
In the case of a (travel) organization: for "contracting party" (in the paragraphs 10.1 up to and including 10.4) read also “the client(s) of the (travel) organizer”.
The contracting party must him/herself obtain the necessary information with regard to and must have in his possession on departure and during the trip the necessary travel documents, such as a valid passport and any required visa, diving certificates/documents proof of inoculations and vaccinations. In the case that the participant is unable to make (part of) a trip due to lack of such a travel document, E62 is not liable and may not be held (financially) responsible.
The contracting party must comply with the current import restrictions of the various destinations and the amount. E62 may not be held liable for e.g. damage and prison sentences which could be imposed in the case of a contravention.
The obligation of E62 to provide assistance to a contracting party in need is greatly impeded if it is not possible to resort to the S.O.S. help service included in travel and baggage insurance.
IT IS MANDATORY that the contracting party effects the appropriate travel insurance, including a medical, accident and repatriation/evacuation insurance. E62 furthermore STRONGLY RECOMMENDS the contracting party to effect cancellation insurance. In case of a medical problem arising during the voyage, either on board or on shore, which results in costs for medical treatment, evacuation, use of aircraft or repatriation etc. etc. the responsibility for payment of these costs belongs solely to the contracting party. IT IS MANDATORY for the contracting party to ensure that such eventualities are covered by travel insurance (incl. medical, accident and repatriation/evacuation insurance). In any case, if not covered by appropriate travel insurance the responsibility still remains with the contracting party and E62 specifically declines any responsibility whatsoever.
If the duration of the trip as stated in the publication is given in days, the day of departure and the day of arrival, irrespective of departure or arrival times, are counted as full days.
The laws of Norway apply to the travel contract and all matters ensuing from this contract.
This contract is made with: Explore 62 North AS, Indre Kulen 55, 6718 Deknepollen, Norway.
12.0 Weather policy:
Once a trip begins, if the activities are cut short due to weather, there is no refund available
13.0 Photo policy
All photographs taken during our excursions might be published by E62. Unless differently agreed upon written request, the client acknowledges that all photographs taken during the tour can be publicly displayed and put for sale by E62. If you do not want your pictures to become property of the photographer and of E62, please do not pose for our guides and photographers.
You may not lease, sell or re-distribute, publish or use for any commercial or public purpose any E62 images unless an extended license for product resale or a special license with free rights for the image was purchased. You can use E62 images for any personal projects without time, location, or number constraints.
You are not allowed to use E62 images in any way that places the photographer or people in the photo in a bad light. You are not allowed to use E62 images in any manner that is considered libelous, slanderous, defamatory, obscene, indecent, or illegal.