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 Term and Conditions / Cancellation Policy

Visit Hvaler Customer Terms and Conditions

Revised July 14, 2018

General

This Agreement sets forth the terms and conditions between Visit Hvaler and users who use our services to purchase tours and travel services ("You") from individuals who provide tours and travel related services ("Tour Guides"). This Agreement explains how You purchase tours and travel services and specifically limits the liability of Visit Hvaler.

You must read this Agreement before using the Site and booking a Tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.

Visit Hvaler uses its best efforts to monitor Tour Guide profiles, service offerings, actions and comments, and suspend privileges to any Tour Guide not adhering to policies of Visit Hvaler. By using this Site, you agree to report any alleged improprieties of any Tour Guides to Visit Hvaler immediately.

2. Transactions

Once you have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Tour Guide, You should contact Visit Hvaler and we will attempt to resolve the issue.

Visit Hvaler is the Merchant of Record and uses a third party service to process your credit card information for all transactions made through Visit Hvaler. We do not store your credit card information on Visit Hvaler' web servers or in paper files. You hereby agree to hold Visit Hvaler harmless for any damages that may result should any personal information about You be released by any third parties. For further information regarding that service, please contact Visit Hvaler' credit card processing company, PayPal.com.

3. Refunds

Any cancellation by You must be made by telephone or email and acknowledged by Visit Hvaler. The date on which the request to cancel is received by Visit Hvaler will determine the refund due as follows:

Cancellation 60 days or more before departure: Amount paid less upfront costs. These upfront costs are disclosed to you when you use the Site to complete the transaction and may represent out of pocket expenses of the Tour Guide for tickets, transportation deposits and other ancillary expenses.

Cancellation 59 to 31 days before departure: deposit paid or 80% of tour price if paid in full.

Cancellation less than 30 days before departure: no refund

You are strongly encouraged to obtain cancellation insurance. In certain circumstances, this will cover the cost of cancellation.

In some cases, the Tour Guide may cancel a tour due to extreme weather or other circumstance. In the event that the Tour Guide cancels the tour, or does not deliver it as promised, You may choose between a rescheduling of the tour OR a full refund of all monies paid or a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded by Visit Hvaler or paid by You, as applicable.

Visit Hvaler is not responsible for any incidental expenses You may have incurred in reliance on the tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.

4. 'No One left Behind' Shore Excursion Guarantee

Visit Hvaler guarantees that in the unlikely event that you miss your ship, we will arrange overnight accommodation and transport to the next feasible port-of-call.

Here are some further details about our guarantee:

If any tour, not just shore excursions, is cancelled because of a 'force majeure' event, you will receive a full refund. For shore excursions, this typically means such things weather conditions preventing your ship from docking, or if your ship arrives late or otherwise does not dock.

We won't cover you if the reason for missing your ship is caused by your own actions or personal situation, for example if you deviate from the agreed-upon itinerary, become ill, get arrested etc.

You must contact us first so that we can be part of the solution in arranging accommodation and transportation. You can't make these arrangements on your own.

5. ACCEPTANCE OF RISK AND WAIVER OF LIABILITY

You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release Visit Hvaler and the Tour Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of Visit Hvaler, whether such negligence is passive or active.

You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.

We urge you to exercise caution if you purchase any goods during your tour. Neither Visit Hvaler or the Tour Guide make any claims about the quality, source or other provenance of any goods which may be available for purchase.

6. Prohibited Use

The Site may not be used to recruit, solicit, or contact Tour Guides for employment or contracting for a business not affiliated with Visit Hvaler unless you first obtain express written permission from Visit Hvaler.

7. Information Provided by You

You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. Visit Hvaler is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.

Visit Hvalers will only use your information in accordance with our Privacy Policy. Visit Hvaler will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold Visit Hvaler harmless for any damages that may result.

Visit Hvaler uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information, please contact Visit Hvaler credit card processing company www.PayPal.com.

8. Modification of the Terms of this Agreement

Visit Hvaler reserves the right to make changes to this Agreement from time to time. Visit Hvaler shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. VISIT HVALER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability

Under no circumstances will Visit Hvaler be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of Visit Hvaler arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You toVisit Hvalers under this Agreement.

11. Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

12. Legal Claims

For all disputes between Visit Hvaler and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and municipality, or any related matters ("Disputes"), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of the Ski Municipality, Akershus County, Norway and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Ski Municipality, Akershus County, Norway, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Ski Municipality, Akershus County, Norway, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.

13. Miscellaneous Provisions

Failure by Visit Hvaler to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the Ski Municipality, Akershus County, Norway.

These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between You and Visit Hvaler with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Visit Hvaler, its successors and assigns.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.