Terms and Conditions

INTRODUCTION

We the Management of Silver Tree Travel, look forward to the opportunity to act as your Travel agent for all your travel needs.

These terms and conditions apply to all trips organized by Silver Tree Travel.

Your contract incorporates these terms and conditions and by making a booking with us you confirm your acceptance of these terms and conditions to the exclusion of any other terms and conditions which you may seek to apply to the contract.

  1. Booking, deposits and Payment
  2. When you make a booking, we will provisionally reserve your trip on the basis of these terms and conditions. A binding contract between us will come into existence when we have received your deposit (or if applicable full payment) on the agreed upon date and send you an acknowledgement receipt of the deposit or full payment along with our confirmation invoice to you within 2 weeks. Unless the traveller can document that the payment has found place in our bank account of within the due date, silvertree Travel is no longer bound by the order. The Payment of a deposit enables us to hold a reservation for you. The price can only be guaranteed once we have received full payment and other travel documents have been issued, subject to any terms and conditions of the supplier. We will advise you of the date that full payment is required.
  3. The confirmation invoice will be sent to you after the full payment is paid. Please check the confirmation invoice together with all other documents we send you as soon as you receive them. Contact us immediately if any information, which appears, on the confirmation invoice or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within 10 days of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the above time limits.
  4. Deposits are normally 10% of the total cost or EUR250, (whichever is the greater) per person. Deposits are payable at the time of booking. The deposit must be paid within 7 days of agreement in order to process the booking. The balance of the total price must be paid at least 90 days prior to the trip commencing or on the date mentioned in the booking invoice in order to secure the indicated price. You will not be confirmed on the trip until we receive the relevant deposit and if the balance due in full is not paid by the due date then we shall have the right to cancel your booking and retain any deposit.
  5. Payment of Deposits and final payments can (unless otherwise advised) be made by direct bank transfer into our bank account (details of which will be provided to you).
  6. Changes in transportation costs (including the cost of fuel) duties, taxes, fees, exchange rates or supplier costs means that we reserve the right to alter the price of your trip prior to the issue of our confirmation invoice. No alteration shall be made to the price of your trip after the full amount has been received or within 30 days of the trip commencing.
  7. A much higher deposit and strict rules in terms of cancellations and changes are required for flight tickets and group bookings when flights are included in the package when organized by silvertree Travel.
  8. Any misunderstanding of verbal order of the travel is at the traveller’s risk.
  9. It is the traveller’s responsibility to make sure that the correct name is given at the time of order, so that travel plan and documents are in agreement with the passport. If the name is misspelled, the traveller risks been rejected at the airport. If misspelling has occurred, these need to be corrected as soon as possible to avoid any charges incurred due to this.
  10. For combined air and ground package where silvertree Travel will organize the air travel part of the package, the deposit will be larger. The amount of the deposit will be stated at the time of booking.
  11. The informed price of the travel should include all taxes, fees, charges that are Norwegian and/or foreign authorities had to add to the services covered by the agreement. Some countries require that the airport taxes have to be paid locally on departure. We will notify of such payment.
  12. The price should also include any extra specific activities and programs that traveller has agreed (part of agreement).
  13. Additions or discounts in connection to the travel or extra services should be clearly indicated on the price list.
  14. The price of cancellation and/or travel insurance in addition to the price of the package tour is not included in the price quoted. Any additional ground provisions other than that of which is in agreement will be not included in the price.
  15. The deposit can be higher than EUR250 or 10% for some special arrangements. This applies where silvertree Travel have special economic responsibilities for these partners, suppliers before the travel starts. For instance, package tours that include flights, hotels with advance payments requirements by the supplier.
  16. If the traveller is under 18 years old by the date of travel and wish to travel without a parent or an adult guardian, he or she has the obligation to inform silvertree Travel during booking and get written consent by the parent or guardian.

The written consent has to be sent along with the booking or silvertree Travel will not take responsibility for travellers that do not give information of consent by parent or guardian.

CHANGES AND CANCELLATION BY YOU

IF YOU CHANGE YOUR BOOKING

If you want to change your trip in any way you must inform us in writing as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time.

Where we can make change, we will charge for any additional services, facilities, or other items changed, at the price, which applies on the day the change is made. In addition, we will also apply an administrative charge for each item you want to change.

ADMINISTRAVTIVE CHARGES FOR CHANGES MADE BY YOU

  1. Request for change received more than 90 days prior to trip  Commencing NOK 500(EUR55)
  1. Request for change received less than 90 days prior to trip Commencing NOK1000(EUR110)

IF YOU CANCEL YOUR BOOKING

If you wish to cancel your trip, you must write to us. Unless notice of cancellation is received prior to the issue of our confirmation invoice, we will levy a cancellation charge on the scale shown in the table set out in chart D.1. These charges are based on the estimated cost of cancelling your arrangements and the expenses and losses we are likely to suffer.

If you are unable to take part in the trip, you may be able to transfer your place to someone else suggested by you and acceptable to us subject to the following.

  1. You must write to us with full details of whom you would like to go instead. We must receive this information at least 30 days before departure.
  2. If the change can be made, you will have to pay an amendment fee of NOK500(EUR55) together with any extra costs we incur or are asked to pay in order to make the change.
  3. Anyone who takes part in the trip instead, must agree to these terms and conditions.

D.1.  CHANGES AND CANCELLATION CHARGES

The following sets out the sums normally payable to you or us in the event of significant changes or cancellation. These sums are not payable where we have to make a significant change or cancel your trip arrangement as a result of: –

Period before trip commences in which notice of cancellation is received Amount we will withhold when you cancel.
45 days or more  Booking Deposit
44 to 30 days 50% of the amount paid
29 to 15 days 75% of the amount paid
14 days or less 100% of the amount paid

 

CANCELLATION AND REFUND PROCEDURE

All cancellations must be submitted in writing along with the original booking voucher before any applicable refund can be considered. If you decide to cancel before the balance due date, any deposit is non-refundable. If you decide to cancel within 45 days of your departure, please refer to refund policy set in the chart D.1 above.

If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.

Refundable airport taxes (note that some airport taxes are not refundable). Issued visas and travel insurance are not refundable regardless of cancellation date.

Please note that there often apply strict cancellation policies. Some tickets require quick issuance and thus have stricter reimbursement rules. There can also be special cancellation policy in relation to the hotels and events. In high seasons, such as Christmas, Easter and Summer, there can also be special cancellation policy. If the cancellation policy for the current journey deviate from our general rules it will be announced on the main invoice.

If you cancel the journey, certain travel documents must be returned before any reimbursement is paid. The processing time for refunds is up to 4 weeks.

If the booking is for a group of people, and the agreed total price based on the rebates or discounts linked to the number of people, the basis for such rebates or discounts could be revoked if some of the travellers in the group cancel their trip. Upon such partial cancellation, silvertree Travel will refund the proportionate share of the agreed / paid price to those who cancel and collect any additional costs due to the elimination of discounts related to group size, from the remaining participants.

For group travel, special travel conditions apply. Contact silvertree Travel for more information.

CANCELLATION BY SUDDEN ILLNESS OR ACCIDENT-VOLUNTARY CANCELLATION INSURANCE.

If the traveller has acquired / subscribed cancellation insurance, the customer is entitled to demand to be released from the contract if he can prove that the conditions for such cancellation are met. The traveller is obliged to inform silvertree Travel about the cancellation as soon as possible after he is aware of the circumstances entitling the cancellation with written proof for cancellation. The agreement on cancellation insurance is binding from agreement to departure.

Cancellation insurance provides the right to cancel if the traveller himself, spouse, registered partner, cohabitant, children, parents, in-laws or siblings, are afflicted by sudden and serious illness, injury or death. The same applies if such circumstances affect a travelling companion, and it would be unreasonable to demand that the traveller proceed on his journey without the affected person. Equally sudden and serious illness and serious incidents affecting the traveller or his traveling companions, which implies that it is not reasonable to require that the passenger conduct’s the journey. Such may be fire or water damage to property, etc.

The right under preceding paragraphs assumes that the traveller at the time of the booking did not know of or could have had the knowledge of, the circumstances that caused the journey to be cancelled, and that he himself is not responsible for such circumstances. The traveller is obliged to give silvertree Travel notification of cancellation as soon as possible after he is familiar with the

circumstances warranting Cancellation and provide sufficient documentation for the disease from a doctor, or the obstructing circumstances, for example certificate from the police or insurance company. Documentation regarding the cancellation reason must be submitted at least one month after the cancellation was made. If the cancellation is done within the mentioned criteria the traveller has the right to get reimbursed except for payments for the cancellation policy in chart D.1 and an administration fee of NOK500(EUR55), – pr. person.

If the booking includes several travellers, and the overall price reflects discount or discounts based on the total number of participants, a cancellation of one or more in the travel group could result in that the agreed price is no longer valid.

This shall not apply the remaining participants a price increase, but get covered by the cancellation insurance. Silvertree Travel has the right to transfer the passengers to another accommodation that suits better to the remaining group size and which otherwise corresponds to the originally booked shelter. The right to such a transfer is conditional upon that the move does not reduce the content of the selected package tour, or making sure the information given on the package tour or additional benefits agreed upon may not be guaranteed due to the size of the group.

IF WE CANCEL YOUR ARRANGEMENTS

In the unlikely event we need to cancel arrangements we will inform you in writing as soon as possible. However, we will not cancel your arrangements less than 30 days before the trip commences unless it is for reason outside our control. If we have to cancel your trip we will provide you three alternatives;

  1. alternative arrangements equivalent or of very closely similar standard and price, if available, or
  2. alternative arrangements of a lower standard together with a refund of the difference in price; or
  1. cancel your trip arrangements with a full refund of all monies paid.

Any alternative arrangements or cancellation must apply to all persons included in your booking.

In all 3 cases, compensation will be paid as detailed in clause D.1 below unless the change occurs as a result of circumstances beyond our control (in which case clause H. will apply) or we cancel as a result of your failure to pay your deposit or the balance or any other sum when due or where clause B.2.2 applies.

We regret that some of our trips can only be operated if a sufficient number of people agree to take part and pay all sums due. If there is insufficient demand, we have the right to cancel the trip in question or offer you the same trip for a slightly higher price on the same dates. If we have to do so, we promise we will inform you no later than 30 days prior to the trip commencing. In this situation, you will then have the choice of the options shown above together with the option, if possible, of the same trip departing on a different date.

When circumstances arise beyond the control of silvertree Travel, we can cancel the trip without liability for damages if the silvertree Travel can demonstrate that it is inapplicable as a result of circumstances outside our control and silvertree Norway cannot reasonably be expected to have taken into consideration when the agreement was signed, and that neither silvertree Travel or anyone silvertree Travel is responsible for could avoid or overcome the consequences of. Such circumstances include war or acts of war, natural disasters, dangerous infectious diseases or other events, which are similar to the above-mentioned examples.

If a trip is cancelled out side of our control, silvertree Travel has will offer three options;

  1. Alternative arrangement of equivalent or of very closely similar standard and price, if available, or
  1. Alternative arrangements of lower standard together with a refund of the difference in price, or
  1. Cancel your trip with full refund of all monies paid.

If the trip is more expensive than which was originally offered,

the traveller has to pay for the difference.

CANCELLATION BY FORCE MAJURE

The customer has the right cancel the package tour, and the amount paid for the package tour reimbursed, if there at the destination is a break out of war, natural disaster, dangerous infectious disease or other events equal to those mentioned, 14 days before departure to the destination, and there’s a reasons to believe that the conditions will also prevail during the travel period the package tour has been agreed. The right of cancellation under this section shall not apply if the traveller knew, or should know, the circumstances when he/she accepted the agreement.

TRANSFER OF THE PACKAGE TOUR

When the Air travel is included in the package tour and sold by silvertree Travel, we have to abide by the Airline rules and therefore, the flight ticket cannot be transferred to another person. However, the ground and hotel segment can be transferred to another for a fee of US$100 per person.

AMENDMENT OF THE ORDER

The traveller can change travel day, destination, hotel etc. against paying a fee of US$100, – per person, per change, provided silvertree Travel has the ability to comply with the required change. If the change exceeds silvertree Travel’s costs of the mentioned fee, the change could be considered as a cancellation and be applied under section D.1 of this agreement. After the full payment and issue of travel documents there could occur higher fees for change.

SPECIAL REQUESTS

If you have a special request (including dietary requirements), we will do our best to help, but we cannot guarantee it except as set out below. We promise to comply with any special request, which

we have specifically agreed to and confirmed in writing. General confirmation that a special request has been noted and passed on to the supplier or the inclusion of a special request on your confirmation invoice or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to departure or should be paid for locally.

DOCUMENTATION

You are responsible for ensuring that you satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such

documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us well in advance of the trip commencing. Any information provided by us with regard to travel documentation is given in good faith but without responsibility on our part. It is your responsibility it ensures the accuracy of all travel documentations and inform us of any error immediately. Traveller is obliged to bring a valid passport (minimum 6 months), visa/health certificates and other documents deemed necessary for the journey. Silvertree Travel has the right to reject travellers if the required documents are not provided.

HEALTH PRECAUTIONS, SAFETY AND ACCOMODATION

We will provide general advice to you as to what vaccinations and other health precautions are usually required for your destination or activity. It is your responsibility to verify such advise with appropriately qualified medical personnel and that you have received any necessary or advisory vaccinations or medication. It is your responsibility to ensure that you take any medication whether before, or after the trip. Any health information provided by us is provided in good faith but will only be general overview of any health hazards and requirements for the trip. In the circumstances any such advice given by us should not be regarded as a substitute for specific and detailed medical advice for you and you should raise any particular concerns with your own doctor.

Some of the itineraries in our trips involve strenuous activity in remote regions and it is your responsibility to ensure that you have the necessary level of fitness and health to complete the trip.

Whilst on the trip you are required to adhere at all times to the advice and instruction given by staff retained by our supplier’s to supply any services, which form part of the trip.

If you fall ill or suffer an injury or, in our supplier’s opinion, are not able to continue with the trip, we reserve the right, following consultation with you, to require you to either leave the trip entirely or

for a period or to not take part in a particular aspect of the trip. The traveller should, before the agreement inform of any health issues and formalities in connection with the travel and stay.

INSURANCE

Travel insurance is vital part of your arrangements. You must be covered by appropriate travel insurance (including medical, air evacuation, baggage delay and loss, airline delay and cancellation). Such insurance must be on such terms and for such minimum cover as we may approve. It is your responsibility to ensure that the cover provided is suitable and adequate for the trip and your particular needs.

BEHAVIOUR

Whilst we shall endeavour to provide advice on health, safety and security matters before and whilst on the trip, you must accept that you must behave responsibly in relation to your safety and security and that of yours and others on the trip. The traveller is obliged to abide by silvertree Travel’s own provisions as they are presented to him before accepting the terms of this agreement and the rules of the hotels, airlines, sub-contractors and the local laws.

We are committed to responsible and sustainable tourism. In the circumstances you are expected to respect and obey the laws, culture and customs of the destination country, treat others on the trip and locals with respect and courtesy, observe and obey any instructions, directions, advise, rules and regulations given or imposed by us or those organizing any particular activities.

You will be personally liable for any damages suffered to property of the supplier’s and of third party.

In the event of you failing to comply with the terms of this, our supplier’s and us reserve the right in our absolute discretion to require you to leave the trip if your behaviour falls short of the standard expected by the supplier’s and us. In such circumstances no compensation of any sort (including the return of any monies paid) shall be payable by us and all rights are reserved by us against you. Silvertree Travel, or other sub-contractors are entitled to reject a traveller at the start of the journey if the traveller’s behaviour or condition makes it obvious that he cannot fulfil the requirement mentioned herewith above.

FLIGHT ARRANGMENTS TO AND FROM START POINT AT THE DESTINATION

Unless or otherwise notified, flight arrangements to and from the start point of the trip are not included in the costs payable to us and it is your responsibility to arrange flights (applicable) separately with airline agent or direct with the relevant airline or supplier. Any contract in respect of flight arrangements to and from the start point of the trip will be between you and the relevant supplier, agent or airline. You are required to advise us at the time of booking or at least 45 days before the start of the trip at the destination, all details pertaining to the flight (flight number and time etc.). We must be notified immediately of any changes to the flight arrival or departure time. We have agreed to supply transfers or “meet and greet” services and we will endeavour to accommodate any late changes or delays but we cannot guarantee the same. There may be additional cost associated with this that you may incur as a result of any late changes and /or delays in respect of your arrival to the start point at the destination. You must claim losses incurred due to this from your travel insurance and/or the airline. After delayed arrival you can continue the portion of the unused trip. We will do our utmost best to accommodate you.

Silver Tree Travelwill inform which carriers are operating the various parts of the trip. If the airline is changed after the trip is purchased, notification shall be given as soon as possible and no later than at check-in. When an airline is combined to package tour, silvertree Travel will inform any changes of the airline.

IF YOU HAVE A COMPLAINT

If you have a cause for complaint whilst on the trip, you must bring it to the attention of our hotel, chauffeur guide or staff immediately (within 48 hours). They will do their best to rectify the situation. If they are unable to resolve the issue please contact us at rw@silvertree.no immediately. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are in the trip. If your complaint is not resolved locally, please give us 4 weeks of when you return home. If you fail to follow this procedure, this may affect your rights under this agreement.

CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL-FORCE MAJEURE.

We will not be liable to pay any compensation if we are forced to cancel or in any way change your trip arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include

unavoidable technical problems with transport, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather and epidemic.

Silver Tree Travel cannot change the terms of the agreement or the journey specifications deemed as inconvenient to the traveller after the agreement has been accepted, unless it has reserved the right to change performance/specifications, and explicitly stated in each agreement, in example the travel document or agreement document.

Silvertree Travel has the responsibility to notify in writing as soon as possible if silvertree Travel wants to change the terms or content after this point. Silvertree Travelshall simultaneously inform the traveller about his right to cancel the purchase if developments show that the journey will suffer from significant deficiencies after the change, or to demand a price reduction if the journey will be deficient. If the traveller has not invoked the right within 3 days after notice of the change has been notified, he loses the right to cancel the purchase or demand a discount. If there are special circumstances that the deadline cannot be met, the traveller is obliged to notify as soon as possible and within a reasonable time. Information on flight schedules, airline and aircraft type in the program is provisional. Final formation is stated in the ticket. We reserve the right to correct flight times, if changes occur at a later date. Any changes will be notified to the traveller in writing. There could be changes after the program is printed.

PARTIES OBLIGATIONS

Silvertree Travel

Silvertree Travel will proceed with the trip in accordance with what was agreed with the traveller, if due to unforeseen circumstances it is still necessary to make changes in the trip, silvertree Travel must do to a reasonable extent to ensure that the traveller is exposed as little inconvenience as possible.

Silvertree Travel must immediately disclose any circumstances, known, or should be known, which can affect the journey. Silvertree Travel must in this context ask the questions seemed necessary to fulfil our duty to provide information.

If the traveller gives feedback of deficiencies, silvertree Travel has to correct these deficiencies as soon as reasonably possible.

Traveller

  1. The traveller is obliged to read silvertree Travel’s travel terms & conditions and the conditions silvertree Travel has included in its brochures and websites and to abide by the complaint deadlines stated in this agreement.
  2. The traveller is obligated to pay the agreed amount within the period stipulated in this agreement or as indicated in the voucher.
  3. Traveller is obliged during the booking to provide silvertree Travel relevant information that he/she understands or should understand is significant for the package tour. The person in charge making a booking for a travel partner is obliged to provide accurate and relevant information also in relation to these. Silvertree Travel will not be responsible for issues that arise of personal or special requirements for travel partners, which is not informed about correctly. Whoever books a package on behalf of other party, is obliged to ensure that those participating in the package tour follow the terms & conditions silvertree Travel has set, and that the current package tour is of such a nature that the travellers can participate without any constraints for themselves or others.
  4. The traveller is obliged to comply by silvertree Travel’s provision on confirmation of return tickets on scheduled flights. The traveller should also update him or herself self of any changes in departure time.
  5. Serious violation of these provisions gives silvertree Travel the right to refuse the traveller further participation in the journey. Silvertree Travel has no responsibility for costs associated with the forward / changed repatriation. The rejected travellers cannot bring claims regarding the part of the journey not used.
  6. The traveler may be liable for losses or additional expenses incurred on silvertree Travel by violating these provisions. The traveler is responsible for the damage and loss etc. according to the common liability rules.

COMMUNICATIONS

Please note that we generally communicate with our clients by email. By making a booking with us you agree to such electronic communication method used. Please be aware that the responsibility is on you to ensure that your email details are kept up to date, that your e mail system is operating correctly (including checking that any spam filters are not preventing receipt) and that you check for emails from us on a regular basis as we cannot be responsible for any losses or inconveniences suffered as a result of your email system not operating correctly and/or your failure to check email communications regularly.

PUBLICITY AND USE OF IMAGES

We reserve the right to take photographs and films of the trip and to use the same in a responsible way in our promotional literature and on our website. We may also reproduce any comments that we receive from you in such literature on our website uncles you do not consent to such use. You will be

expected to provide a consent form in respect of the use of your image prior to the trip commencing and if you do not agree to the use of your image for the above purpose then we must be informed prior to the trip commencing.

TRAVEL PACKAGE DEFICIENCY

Deficiencies before departure:

The traveler can cancel the contract before the package tour begins if it is clear that the package tour will have significant shortcomings. The same applies if the contractual terms change and change is a major inconvenience to the traveler. Price increase of more than 10% shall always be regarded as a significant disadvantage. Unless there are special reasons, such notification shall be given within 3 days after information of the price change has been received, or as soon as possible if the message is received shortly before departure.

The traveler is then entitled to a full refund of all amounts paid, and any compensation under the rules of the package law.

Alternatively, the customer is entitled to participate in a different package holiday if silvertree Travel can offer this. If the replacement journey is more expensive, the traveler should pay this price difference after deduction of any damages the traveler is entitled to under Package Law. If the journey is cheaper, the silvertree Travel reimburses the traveler with the price difference between the original ticket price and replacement price. If the silvertree Travel cannot offer such a replacement trip, the passenger can buy a package equal to the original one within reasonable limits and keep silvertree Travel responsible for any additional costs incurred by this acquisition by the common liability rules. If such a substitute purchase is considerably more expensive than the cost of the original journey, compensation could not be expected.

If the traveler, despite his right to cancel the contract due to a defect, wish to make use of the agreed journey, the customer is entitled to a proportionate price reduction. If the defect is a price increase of more than 10% it is the traveler’s choice to either terminate the contract or to participate on the journey to the new price unless otherwise agreed.

Deficiencies after departure

Package trips are deficient when it deviates from what has been agreed or foreseen in the agreement, and this is not due to the traveler or conditions on his side. Deviations from the agreement are however not considered defective if they are of minor importance, or are of the kind the traveler must expect may occur from time to time. The same applies to deviations in natural conditions silvertree Travel neither knew nor ought to have knowledge of.

The traveler is obliged to claim for deficiencies he discovers as soon as possible. Complaints submitted later than the deadline of 48 hours given in section will normally mean that the traveler loses the rights for the complaint.

Deficiencies eligible for complaint after departure are these rights:

  1. The traveler may require silvertree Travel corrects the defect if this can be done without unreasonable cost or inconvenience. The correction must be made within a reasonable time and without significant inconvenience for the traveler. If the traveler rejects the correction for the defect or fails to inform about deficiencies to silvertree Travel or silvertree Travel representatives where it is possible, so that corrections can be made, the travelers loses his right for further claims.
  2. If the deficiency is not corrected, the customer is entitled to a proportionate price reduction, or covers the reasonable expenses the traveler has had by himself to correct the deficiency when silvertree Travel has not been able to do this.
  3. If the package tour has significant deficiencies and the purpose of the package tour has been substantially altered, the traveler can cancel the trip and reclaim the amounts paid in accordance with the agreement. If the traveler cancels the journey under this provision, he is entitled to free of charge transport back to the departure point if the package tour includes transport. The provisions in Article 6.2, Paragraph 3 applies the same.
  4. If the package tour is deficient and this leads to costs for the traveler, the traveler can demand compensation from the Silvertree Travel. The traveler may, where he has not suffered any loss, claim an allowance if the defect has caused the traveler significant disadvantage. Silvertree Travel have no responsibility to compensate if silvertree Travel can demonstrate that the defect is due to circumstances beyond silvertree Travel’s control, and that we could not reasonably be expected to have taken into account at time of agreement, and that neither silvertree Travel nor anyone silvertree Travel is responsible for, could have avoided or prevented the consequences of. Silvertree Travel has in any circumstance the responsibility to give the customer the necessary assistance as soon as possible. Where deficiencies are in regards to transport, the compensation rules of the transport legal special statute (Law governing air transport) comes before provisions of Package Law. Problems related to air transport (delays, lost luggage etc.) are best and fastest solved by contacting the respective airlines directly, who are responsible according aviation law and international conventions. If the silvertree Travel is liable according provisions above, the traveler is obliged to minimize the loss as best he can. Compensation may not be claimed for loss or damage caused by the passenger’s negligence or conditions. Relations with EU Regulation 2004-261 (Delays, cancellations and overbookings) provisions found at this address: (EC) No 261/2004 – EUR-Lex – Europa.eu or http://lovdata.no/for/grafikk/pdf/32004r0261.pdf
  5. If delays, cancellations and / or overbooking occur the rules imposed by the EU’s Transport Regulations apply. Where the passenger will be paid compensation according to EU rules from either the organizer or the airline company, this amount would be calculated according to compensation or payment for damages in accordance with package Law. Where EU regulation gives passengers the right to terminate the contract of the airline ticket, this does not apply for the rest of the package tour unless the defect is of such a nature that the conditions to cancel the purchase of the holiday package is present, see section 8. Minor delays usually give no right to cancel the package tour. If the passenger chooses to abort / cancel the purchase of the journey after provisions of EU regulation, but the conditions to cancel the purchase of the package tour by package Law is not present, the traveler will only get refunded the portion of the purchase price relating to transport. In this case the tour operator is obliged to make the customer aware that he will not get the total amount reimbursed.
  6. The following conditions are not normally considered as a deficiency of the the package tour under the provisions of section.
  7. Deviations from the agreement which are of minor importance for the implementation of the journey or do not have an impact on the choice of package.
  8. Deviation from expectations the customer has had, and that is not created by the organizers, such as another building standard of the destination or other destination contingent circumstances, must be considered to be “normal” for the destination.
  • Abnormal weather and other natural conditions the organizers did not have knowledge of.
  1. Change of residence due to overbooking, should not be regarded as “foreseeable deviation”.
  2. Delays during transport or changed departure times / arrival times, when the stay at destination is shortened by more than six hours for trips lasting less than 5 days, or 8 hours for trips lasting between 5 and 8 days, or a maximum of 12 hours for travel with a duration of eight days. If the delay / change in departure / arrival times due to actions by the authorities, exceptional weather conditions, or other similar circumstances the organizer or airline carrier does not have an impact on, the aforementioned deadlines will be doubled. That the circumstance is not regarded as a deficiency under this provision does not prevent the customer to have the assistance and the eventual compensation the customer is entitled to according to EU regulations.
  3. Deviations from the agreement from the customer.

During complaints the traveler shall be made aware of the complaint procedure, and that if the customer complaint / claim not being met or that the parties agree, the matter may be brought before the Complaints Board for package tours or other dispute settlement body, as well as any complaint charges in this regard.

MANAGEMENT SILVER TREE.

SRI LANKA.