General conditions for travel with
Travel By Heart – Greenland ApS
We are not always in control of the Arctic climate, which regardless of the season can mean delays and changed travel plans that are beyond TBH’s influence.
TBH disclaims responsibility for any delays and consequent possible changes or cancellations of travel plans for conditions over which TBH has no influence. TBH will always work hard to ensure that the journey is completed as planned.
Travel conditions for travel with TBH
- We recommend that you read these terms and conditions. It is common good that we have a perception of the journey and its content.
- We expect that you as a customer have familiarized yourself with the travel conditions that apply and the agreement basis that exists between you as a customer and us as a travel provider.
- The terms and conditions govern the contractual relationship between Travel by Heart (hereinafter the tour operator) and travelers (hereinafter the customer) who purchase a package tour. The agreement is entered into and implemented in accordance with the Package Travel Act (Act no. 1666 of 26/12/2017 on package travel and complex travel arrangements).
Entering into an agreement
An agreement to purchase a trip between the customer and TBH is entered into and binding on both parties when the offer is accepted by the customer. It is a prerequisite that the travel services that together will constitute a package trip are purchased at the same time.
The offer is accepted by the customer when he makes payment on TBH’s website. Prior to this, the customer has received and accepted these general conditions by indicating in a “click of” box.
For tailor-made trips, TBH sends offers to the customer as well as general conditions. The customer must accept the offer in writing before the deadline specified in the offer. If the customer does not accept the offer before this deadline, TBH is no longer bound by the offer.
TBH may, by clearly indicating to the customer, decide that the agreement is only considered entered into by the customer’s timely payment of the price of the trip or a deposit, as specified in the agreement. The customer has received these general conditions before this time.
After the agreement is concluded, TBH sends the travel documents (eg a travel document, an order confirmation, an invoice and / or an itinerary) to the customer without undue delay.
Transmission of travel documents and other correspondence between the customer and TBH, including but not limited to changes in the package tour, takes place at, e-mail address or other form of contact that the customer has used in connection with the conclusion of the agreement.
The customer is also obliged to provide the contact information necessary for TBH to contact the customer both before and during the trip.
If the customer does not receive the travel documents within 72 hours, the customer must contact TBH immediately. If the customer has provided an e-mail address, you should check the spam filter beforehand.
Upon receipt, the customer is obliged to review the submitted travel documents and “practical information” (see section 4.3.) And respond immediately to TBH if the information is not in accordance with what has been agreed.
Price and payment
The price of the trip is a so-called “total price”, which means that it includes all mandatory taxes, fees as well as all additional fees, costs and any surcharges related to the services the customer has purchased from TBH.
At the destinations, there may be charges for local fees, entrance fees and charges, which it is not possible to charge at the conclusion of the agreement, as these payments relate directly to local rules or to the consumption of additional services in addition to what is stated in the agreement.
The total price of the trip is stated on the customer’s invoice. If there are changes in the specific trip or in the conditions for this as a result of conditions at the customer, it could lead to a change in the price and additional payment could be charged.
TBH does not charge credit card fees when paying with private credit cards issued within the EU. When you as a customer pay with a company credit card or card issued outside the EU, TBH charges the fee that we pay when redeeming the payment.
If the customer breaches his part of the agreement with regard to payment, TBH has the right to cancel the agreement. In such cases, TBH is entitled to payment of the amount that the customer would lose according to the rules in section 6.2., If he canceled the trip on the day of the non-payment.
Cancellation and travel insurance
Before entering into the agreement, TBH provides the customer with information about the possibility or obligation to take out insurance that covers the customer’s expenses upon termination of the agreement (cancellation insurance) or the expenses for home transport, etc. in case of accident, illness or death (travel insurance) as well as the terms of these insurances.
The tour operator receives commission for the sale of insurance. The customer can be contacted by contacting the tour operator about the size of the commission.
If the customer wishes to take out a cancellation insurance or a travel insurance via the tour operator, the customer must notify the tour operator before the agreement is finally entered into.
Sickness cancellation insurance with Travel by Heart:
We recommend that you take out a health cancellation insurance when you book your trip. This must be taken out in connection with the travel booking and must be paid together with the deposit. If you have purchased a sickness cancellation insurance when booking the trip, this means that until the departure you can cancel the trip due to illness and have the amount paid refunded without any deduction other than the actual premium for the sickness cancellation insurance. If the cancellation only takes place after departure, the sickness cancellation insurance does not cover. An illness cancellation insurance costs 6.25% of the price of the trip. We point out that cancellation insurance can already be included in annual travel insurance, credit cards, etc. and encourage you to investigate this before taking out a sick cancellation insurance. In order for you to be reimbursed the amount paid, it is required that you can document with a medical certificate that you or your spouse / cohabitant, your children, sons-in-law, grandchildren, siblings, parents, grandparents and in-laws, your brother-in-law or your travel companions are affected by an acute illness, accident or death that makes it impossible or significantly difficult for you to participate in the trip. Acute covered illness means a new-onset illness, a well-founded suspicion of a new-onset serious illness, or an unexpected worsening of an existing or chronic illness. The medical certificate must be received by Travel by Heart no later than 1 month after cancellation. At Travel by Heart, we offer European Travel Insurance’s various holiday insurances with supplementary insurance for accidents, luggage coverage, replacement travel and delayed attendance.
The customer’s general duties:
Passports, visas and health formalities (including vaccinations)
The customer must be in possession of a valid passport with a minimum of six months’ validity at the end of the trip as well as the documents necessary for the completion of the trip, including visas and proof of required vaccinations.
At the conclusion of the agreement, the tour operator informs the customer about passports and visa requirements, including information about the expected acquisition time for obtaining a visa. The tour operator also informs about any health formalities by virtue of vaccination requirements or the like, as well as other documents and conditions that are necessary for the completion of the trip. For certain countries, special rules apply for entry and exit. If this is the case, it will be stated in the agreement. The customer can contact the tour operator for further information on these rules.
The tour operator’s information about passports and visa requirements for the customer is based on the rules for Danish citizens. If the customer does not have a Danish passport or has this dual citizenship, the customer must make the tour operator aware of this, so that the customer can get the correct advice and guidance, including reference to the relevant authorities. See in this context, among other things, www.um.dk and www.ssi.dk.
For Danish citizens, there is no visa requirement for Greenland, Iceland and the Faroe Islands. Be aware that other rules may apply in case you are resident in Denmark but are not a Danish citizen.
Greenland is not a member of Schengen, but only covered by the Schengen Information System. This means that the Schengen visa does not give access to Greenland. Persons from visa-required countries must state when applying for a Danish visa that the visa must also apply to Greenland.
EU citizens’ national ID cards can not be used as an identification document when entering Greenland. They must bring passports.
Nordic citizens do not have to bring a passport. They must bring a photo ID according to the flight safety rules.
See also the Danish Immigration Service’s website www.nyidanmark.dk where there is more information about visa-required countries, visa rules, etc.
For travel outside Europe, passports must normally be valid for at least 6 months after returning home. When traveling to the United States, pre-registration must be made at esta.cbp.dhs.gov Travel by Heart assumes no responsibility for missing valid passports, required visas, or entry permits.
People with reduced mobility
It will appear from the tour operator’s tender material whether the trip is generally suitable for people with reduced mobility. The customer can also, before entering into the agreement, request the tour operator to provide precise information about the suitability of the trip in relation to the customer’s needs. It is a prerequisite for such a request that the customer provides the tour operator with all necessary and relevant information about the customer’s needs.
Names of travel documents
The customer is responsible for ensuring that the names appearing on his travel documents and bookings are identical to the full name appearing on the customer’s passport. If the customer becomes aware of discrepancies between travel documents and passports, the customer must immediately notify the tour operator, who will try to correct the error. If the discrepancy is due to the customer’s circumstances, the costs associated with this will be borne by him. If changes are not possible, the customer can not hold the tour operator responsible.
Timely attendance. If the customer does not achieve a satisfactory solution with the supplier, the customer must contact the tour operator. In the event of the customer’s failure to contact the supplier and / or the tour operator, respectively, the reservation will be canceled by the supplier, and the customer will not be able to use the reservation or have the payment for it refunded.
If airline tickets are part of the package tour, these must be used in the correct order. If the customer does not use the airline tickets in the correct order, the carrier will cancel the remaining flight routes.
The customer can therefore not only use individual routes of a flight. For example. the customer can not only use a return trip.
The customer must have completed a possible check-in in accordance with the times and places for the latest check-in on the outbound and inbound journey stated in the itinerary or other clear instructions. The customer is responsible for drawing attention to himself in the check-in queue if the customer must anticipate that he or she will not be able to complete the check-in within the stated times.
The customer must keep himself informed of return times by informing himself well in advance of return whether changes have been made or announced of the return time stated in the travel documents. Notification of such changes will be notified to the customer individually or by notice at a pre-agreed location by either the tour operator, representatives of this or the tour operator’s subcontractors.
The customer must keep up to date on departure places and times for the included means of transport. This can e.g. This is done by keeping an eye on overview screens immediately after arrival at an airport and contacting the airport staff in case of doubt as to which terminals or gates the aircraft departs from. Terminal and gate changes often occur and are beyond the tour operator’s control. In such situations, the customer can not make claims against the tour operator.
Rules of order
The customer must comply with the rules of order that apply to all subcontractors of the package tour, such as hotels, airports, means of transport etc.
The customer must behave in such a way that fellow travelers do not feel embarrassed. In serious or repeated cases, inappropriate behavior may result in the customer being expelled from the further participation in the trip by the tour operator or his representatives. In such cases, the customer is responsible for their own repatriation and expenses as a result. In the event of expulsion, the customer is not entitled to receive any refund of the package travel price.
The tour operator is not responsible for the exercise of public authority, including but not limited to police intervention / action towards the customer in connection with the customer’s inappropriate behavior. In such situations, the customer is responsible for the expenses that the customer may incur, just as the customer can not make claims against the tour operator and will not be entitled to a refund of the package price.
Lack of compliance
If the customer does not comply with the requirements for passports, visas, health formalities, stating the correct name on the travel documents and reviewing them, the rules on timely attendance and the rules of order, the customer can not claim against the tour operator, intermediary or subcontractor for the package tour for the consequences, deficiencies, inconveniences or losses caused by non-compliance with the customer’s general duties.
In cases where the customer can not arrive in time for the booked travel service, the customer must contact the supplier in question and inform about it later.
Changes to the agreement entered into
Transfer of the package tour
The customer can transfer the trip to another person for a fee of DKK 2,500. Notice of transfer must be given to the tour operator on a durable medium no later than 7 days before the start of the trip. Notice after this time causes the customer to lose the right to transfer the package tour.
Transfer can only take place if the person to whom the package tour is transferred meets the necessary conditions and requirements for the completion of the trip, specified by the tour operator at the conclusion of the agreement, including passports, visas and health requirements.
The access to transfer the package tour may be restricted in whole or in part by the tour operator, if the transfer is not possible as a result of the subcontractor’s terms. Restrictions on transfer access will always be clearly stated in the customer’s travel documents.
In this connection, the customer’s attention is drawn to the fact that the vast majority of airline tickets included in package travel cannot be changed or refunded once they have been booked (“non-refundable” tickets).
It will appear from the customer’s travel documents if the flight ticket or the other travel services cannot be changed or refunded. If the package tour includes such travel services, the price of the travel services imposed on the mentioned restrictions will be lost if a trip is desired to be changed after booking.
The transferor of the package tour and the person to whom the package tour has been transferred are jointly and severally liable for payment of any outstanding amounts and costs resulting from the transfer.
After the conclusion of the agreement, the tour operator can make changes to the agreed price for the package trip, if there are changes in:
- the cost of transporting passengers as a result of the cost of fuel or other energy sources,
- taxes, charges or charges for package travel travel charges imposed by a third party not directly involved in the delivery of the package tour;
- exchange rates that are relevant to
The calculation of these changes is made according to the following calculation examples:
If part of the package trip’s price is settled in a currency other than DKK, this amount or its share of the total price will appear on the invoice. Foreign currencies used to calculate the price of the package tour will appear on the invoice, stating the currency designation, the exchange rate for this and the date * for the fixed exchange rate.
In the event of changes in the price of the trip, the tour operator notifies the customer of price increases and price reductions. The notification must be made on a durable medium and no later than 20 days before departure. The price can be max. increased by 8% of the package price. If the increase is more than 8% of the package price, the customer will be entitled to terminate the agreement.
In the event of a price drop as a result of changes in the above conditions, the customer is entitled to a price reduction corresponding to the price drop that the changes entail. In this connection, the tour operator has the right to deduct costs associated with the refund to the customer.
The customer’s changes to the package tour
If the customer wishes to make changes to the package tour, he must contact the tour operator as soon as possible. If it is possible for the tour operator to change the package tour, the customer must bear the extra costs that the changes entail. The tour operator is not obliged to make changes to the package tour.
If the customer wishes to make changes that the travel agency cannot fulfill in the existing agreement, the change, if the customer maintains the desire to change the package trip, will be considered a cancellation of the package trip, cf. section 6.2, and a new booking.
The tour operator’s changes to the package tour before the package tour begins.
Before the package tour begins, the tour operator is entitled to make insignificant changes to the package tour without liability without the customer’s consent. The customer is obliged to accept such changes if the tour operator clearly and clearly informs the customer of the changes in question before the package tour begins and without undue delay.
If the tour operator before the start of the package tour either;
- make significant changes to the package tour,
- or can not provide certain services that the customer has requested and that the tour operator has agreed to provide,
- or raises the price of the trip by more than 8%, the customer has the following rights:
- the customer can terminate the agreement and get a refund of the amounts paid under the trip,
- or if the tour operator offers it, the customer can participate in one
The tour operator is obliged to contact the customer without undue delay and inform about the significant changes, as well as what any significance they may have for the price of the package tour.
In its request, the tour operator sets a reasonable deadline for when the customer must inform about his decision, and also states that the consequence of not complying with this deadline means that the customer is considered to have accepted changes covered by 5.4.2.
In certain situations, the customer may be entitled to compensation if there has been a financial loss as a result of the above significant changes, unless the reason for this is due to unavoidable and extraordinary circumstances.
Termination of the agreement:
Right of withdrawal
For the purchase of package travel, no right of withdrawal applies, cf. the Consumer Contracts Act, section 18, subsection. 2, no. 1 and § 7 para. 2 no. 5, which excludes passenger transport from the scope of the Consumer Contracts Act.
Cancellation of the package tour
Normal cancellation policy
The customer can cancel the package tour before the package tour begins according to the standardized cancellation terms below, unless the tour operator has stated in writing before entering into the agreement that cancellation will take place after an individual calculation of the cancellation fee, corresponding to package package price. .
- If canceled no later than 60 days before the day of departure, the tour operator will refund the customer the amount paid, less the paid deposit, a fee of DKK 2,500.00 per. person. NOTE: for tailor-made trips, the fee / deposit corresponds to 50% of the price of the trip.
- If cancellation occurs later than 60 days before the day of departure and no later than 30 days before the departure time stated in the travel documents, the tour operator has the right to calculate 50% of the total price of the trip.
- If cancellation occurs later than 30 days before departure, the tour operator has the right to calculate the total price for the trip in cancellation fee
The customer can, on request, get a justification for the size of the cancellation fee.
Cancellation in case of acts of war etc.
The customer can, without paying a fee, cancel a package tour before the beginning of the package tour, if unavoidable and extraordinary circumstances occur at the travel destination or in the immediate vicinity, which significantly affect the delivery of the package tour or the transport of passengers to the destination.
In order for the customer to cancel without paying a fee, the inevitable and extraordinary circumstances in question must, based on an objective assessment, make it impossible to travel safely to the destination, e.g. on the basis of guidance or statements from the Ministry of Foreign Affairs, the health authorities, etc. See www.um.dk and www.ssi.dk.
In the event of a free cancellation, the customer is entitled to a full refund of the price of the trip, but is not entitled to further compensation from the tour operator.
However, the fee-free right of cancellation does not apply if the customer at the conclusion of the agreement knew or should have known the event in question, or the event was otherwise generally known.
If the customer can not cancel free of charge in accordance with the above, the general cancellation rules apply, cf. section 6.2.
For round trips, the customer only has the right to cancel the part of the package tour that takes place in the discouraged area. However, if this part of the package tour constitutes a significant part of the package tour, the customer has the right to cancel the trip completely.
Time for refund and calculation of cancellation fee.
Repayment of amounts according to pkt. 6.2.1 and 6.2.2 must be made no later than 14 days after the customer’s cancellation of the package tour, which is why the fee for individual cancellation is also calculated at this time in relation to the possibility of resale of the canceled travel services.
Termination of the tour operator
Termination due to unavoidable and extraordinary circumstances
The tour operator may also irresponsibly terminate the agreement on a package tour if the tour operator is prevented from fulfilling the agreement due to unavoidable and extraordinary circumstances and the tour operator notifies the customer of the termination of the agreement without undue delay and before the package tour begins.
In the above termination situations, the customer will receive a refund of the amounts paid for the trip within 14 days of the termination, and the customer will not be entitled to compensation.
Defects and complaints:
If a defect is found after the start of the trip – during the journey or at the destination – the customer must immediately after the finding complain about the defect to the tour operator, his representative at the destination or to the subcontractor to whom the defect relates.
If the tour operator’s representative or subcontractor is unable or unwilling to remedy or does not, in the customer’s opinion, remedy satisfactorily, the customer must complain directly to the organizer.
The customer must ensure that the complaint is noted by the tour operator’s employees and / or subcontractors on site – e.g. through a notice in a hotel book or in other written form. In addition, the customer should make sure that a receipt for the complaint is handed out.
Failure by the customer to complain as described above will have consequences for the customer’s right to subsequently claim the defect and for obtaining compensation.
We are not always in control of the Arctic climate, which regardless of the season can mean delays and changed travel plans that are beyond TBH’s influence.
TBH disclaims any responsibility for any delays and consequent possible changes or cancellations of travel plans for conditions over which TBH has no influence.
TBH will always work hard to ensure that the journey is completed as planned.
Limitations on the tour operator’s liability
The airlines have the direct responsibility for the correct implementation of transport in accordance with the Warsaw and Montreal Conventions, EU Regulations 889/2002 and 261/2004 and the Civil Aviation Act.
The tour operator limits its liability to the applicable amount limits set out in the Warsaw and Montreal Conventions (Air Transport), the Athens Convention and EU Regulation 392/2009 (Sea Transport) and the COTIF Convention and EU Regulation 1371/2007 (Rail Transport). The tour operator’s liability can therefore not exceed the amount applicable to the carriers who have the direct responsibility for the carriage.
The current SDR exchange rate (XDR) is available at www.nationalbanken.dk
The limits on the maximum compensation under the Warsaw and Montreal Conventions are set at:
- In case of death or injury of passengers: 113,100 SDR – if the carrier can prove that it has not acted negligently or acted incorrectly, or if the incident is due to the negligent or incorrect behavior of a third party
- In case of damage due to delay in passenger transport: 4,694 SDR
- In case of destruction, loss, damage or delay of luggage: 1.131 SDR
The limits on the maximum compensation under the Athens Convention and EU Regulation 392/2009 are set at:
- In the event of passenger death or injury: 250,000 SDR to 400,000 SDR – depending on the cause of the injury and the carrier’s fault
- In case of destruction, loss or damage to hand luggage: 2,250 SDR
- In the event of destruction, loss of or damage to vehicles, including luggage in or on the vehicle: 12,700 SDR – the carrier is only liable for damage caused due to faults on his part
- In case of destruction, loss or damage to luggage other than hand luggage and vehicles: 3.375 SDR So-called “valuables” are not replaced according to the rules.
The limits on the maximum compensation under the COTIF Convention and EU Regulation 1371/2007 are set at:
- In case of passenger death and injury: 175,000 SDR
- In case of loss of or damage to objects: 1,400 SDR
- In case of complete or partial loss of a vehicle: 8,000 SDR
- In the event of damage to objects left in the vehicle: 1,400 SDR – the carrier is only liable for damage caused due to faults on his part
Making demands after the end of the trip
Claims for compensation and / or a proportionate reduction in the price of the trip – as a result of defects that have been correctly reported and which have not been remedied by the tour operator – must be submitted to the tour operator within a reasonable time after the end of the trip. Otherwise, the customer loses the right to make a claim against the tour operator.
The customer can complain to Travel by Heart by e-mail email@example.com
Access to set-off when paying compensation and / or compensation
When sending a complaint to the tour operator, the customer must state whether the customer has also applied for compensation or compensation from the carrier on the basis of EU regulations on passenger rights and liability for passenger transport and in accordance with international conventions that also regulate this relationship.
If the customer has received compensation and / or compensation from the carrier, the tour operator has the right to set off compensation and / or compensation in accordance with the Package Travel Act and complex travel arrangements in the compensation and / or compensation received by the customer from the carrier.
Guarantee in the travel guarantee fund
TBH is a Greenlandic company, and as Greenland is outside the EU, they will not cover, even though we are a member.