These general terms and conditions apply between Polar Force, and the person who himself or through another enters into a contract with Polar Force as stated in the confirmation (the “traveller”).
WHO IS RESPONSIBLE?
Organizer: Polar Force AB, Stationsgatan 27, 933 32 Arvidsjaur.
Org.no. 559243-1968. VAT no. SE55559243196801.
In these general terms and conditions the following definitions apply:
Arrival – the time of arrival indicated in the confirmation / travel documents;
Arrangement – the services which Polar Force has agreed to deliver to the traveller and which Polar Force has confirmed in writing through a booking confirmation;
Contract – consists of these terms and conditions and any other written information regarding the arrangement included in the booking confirmation from Polar Force.
Traveller – the individual / s which have entered into a contract with Polar Force regarding the arrangement, if a booking includes several individuals then each individual constitutes a traveller;
Polar Force – means the Swedish limited liability company Polar Force AB, org.no. 559243-1968.
Polar Flights – is a trading name used by Polar Force and thus part of Polar Force AB.
APPLICATION OF THESE TERMS AND CONDITIONS
Any and all arrangements booked with Polar Force are subject to these terms and conditions.
The booking becomes binding for both Polar Force and the traveller as soon as Polar Force has confirmed the traveller´s booking and has assigned a booking number.
These general terms and conditions shall apply to the arrangement. Any changes or amendments to these general terms and conditions shall be agreed in writing between Polar Force and the traveller.
If any part of the contract is found to be invalid or unenforceable, then the remainder of it will not be affected and will remain valid and enforceable.
As the organizer, Polar Force is obliged to ensure that:
The traveller receives a written confirmation of their booking and other necessary documentation
that information regarding payment and information regarding other issues of importance to the travel is provided to the traveller
that the arrangement matches the description in the booking confirmation. Polar Force does not take responsibility for any promises that third parties may have made directly to the traveller without either the direct or the indirect knowledge of Polar Force. Polar Force recommends that the traveller request such promises or information in writing.
THE TRAVELLER’S OBLIGATIONS
The traveller is responsible to check the booking confirmation and to ensure that dates and other information stated there are correct. If the booking confirmation is incorrect, Polar Force needs to be informed as soon as possible.
The traveller is responsible to ensure that he / she has valid passports, appropriate visas other requirements necessary to enter the destination. The traveller is also responsible to ensure that any existing medical conditions or disabilities, which may require assistance, are declared to Polar Force before the booking is made or, if newly diagnosed, before the departure date.
The traveller must follow the rules, instructions and regulations communicated to the traveller regarding travel, accommodation and other products / services covered by the arrangement. This includes any and all instructions from aircrew or Polar Force’s employees regarding conduct, safety or similar.
The traveller must follow the rules, instructions and regulations communicated to the traveller regarding the travel and other services covered by the arrangement. The traveller is fully responsible for any damage caused by the traveller’s actions. Violations of restrictions regarding non-smoking and/or pets will entail a clean-up fee of EUR 600, or higher if Polar Force is able to prove greater damage.
Polar Force has the right to terminate the contract with immediate effect if the traveller or someone in his / her company violates the contract, acts disruptively and / or causes damages. In the event of immediate termination of the contract due to the above stated reasons, Polar Force will charge the traveller a fee corresponding to the damage, however at least EUR 500.
Polar Force shall provide information regarding the regulations of passports and visas for states within the European Economic Area. However, the traveller is responsible for observing all regulations to be able to complete the arrangement.
Full payment must be made no later than the date stated in the confirmation. The flight must always be paid for in full before departure. All payments must be made in EUR, unless otherwise is agreed.
WHAT HAPPENS IF THE TRAVELLER DOES NOT PAY ON TIME?
The booking is cancelled unless payment is received by Polar Force no later than on the due date stated on the confirmation. If the traveller does not pay on time, the booking will be considered cancelled, whereby the rules of cancellation apply.
CHANGES OR CANCELLATIONS BY THE TRAVELLER
The traveller may cancel the booking. Polar Force only accepts cancellations made by the traveller. Polar Force is obliged to confirm the traveller´s cancellation in writing. Polar Force incur costs from the time the traveller makes a booking and the traveller therefore agrees that, in the event of cancellation, Polar Force will be compensated for losses and expenses, as detailed below. Polar Force cancellation charges increase the nearer the cancellation is made to the arrival date, as the arrangement then cannot be resold without significant price reductions, if at all.
For arrangements cancelled 120 days or more prior to arrival, Polar Force is entitled to retain 30% of the total cost for the arrangement.
For arrangements cancelled 119 days or less prior to arrival, Polar Force is entitled to retain 100% of the total cost for the arrangement.
The traveller may also buy a separate cancellation and rebooking insurance, see the heading “IF SOMETHING HAPPENS TO THE TRAVELLER – CANCELLATION AND BOOKING INSURANCE” below.
IF SOMETHING HAPPENS TO THE TRAVELLER – CANCELLATION AND BOOKING INSURANCE
Polar Force strongly recommend that all travellers take out insurance cover for cancellation adequate to cover the value of the arrangement.
Any insurance coverage arranged through Polar Force must be purchased at the time of the booking in order to cover the arrangement. The fee for such cancellation and rebooking insurance cannot be cancelled after it has been paid and will not be refunded. The insurance coverage is provided by third party and other terms and conditions may apply.
CHANGES AND CANCELLATIONS BY POLAR FORCE
Polar Force reserve the right to cancel bookings. Polar Force will not cancel less than four weeks before the traveller´s departure date, except for unavoidable and extraordinary circumstances, or failure by the traveller to pay the final balance.
Polar Force may change the terms of the flight to the extent that the traveller can be offered other equivalent services.
If Polar Forces costs for the arrangement increases after the contract becomes binding between the parties, Polar Force may increase the price of the arrangement corresponding to the cost increase – if the cost increase is due to changes in taxes, exchange rates, fuel prices or other fees for services included in the arrangement. The price must not be increased during the last 20 days before departure and must be notified to the traveller immediately.
POLAR FORCE’S LIABILITY
Any errors that occur during the flight, the traveller must report within a reasonable time to enable Polar Force to rectify the errors. If the traveller has not reported any errors during the stay and Polar Force thereby has not been given the opportunity to be helpful, the traveller will not be entitled to any compensation in accordance with these terms and conditions.
Damages due to errors during the stay or due to Polar Force cancelling of the flight will not be paid if Polar Force can show that the trip could not have be carried out or that the error arose due to obstacles or circumstances beyond Polar Force’s control and that Polar Force could not reasonably have been expected to have taken into account when the contract was entered into and the consequences of which Polar Force could not have reasonably avoided or overcome, for example, shorter interruptions in IT operations, water or energy supply. Even shorter stops caused by strong winds, cold or fog are to be seen as circumstances beyond Polar Force’s control.
TRANSFER OF THE CONTRACT
The traveller can transfer a booked flight to another person, who satisfies all the conditions that apply to this booking, by giving Polar Force notice in writing at least 14 days before departure. Both the traveller and the new traveller are responsible for paying all costs Polar Force incur in making the transfer. Polar Force will charge an administration fee of EUR 100 per traveller before the transfer can be made.
IN THE EVENT OF A DISPUTE
This contract is governed by Swedish Law.
In the event of a dispute, the traveller should turn to Polar Force with any complaints in the first instance. If the traveller and Polar Force do not agree on a suitable solution, the traveller may submit their complaint online via the European Commission’s dispute resolutions platform or turn to the Swedish General Complaints Board (Allmänna reklamationsnämnden, ARN).
In addition to what is stated above the following may be applicable in case of so-called force majeure events, eg acts of war, natural disasters, labour disputes, prolonged interruptions in water or energy supply, fires, pandemics or other similar major events which is unable to anticipate or influence (“force majeure event”).
If a force majeure event occurs and travel restrictions are imposed within Norrbotten, which means that the travel cannot be conducted and is therefore cancelled by Polar Force, the traveller has the possibility to rebook to still available flights, or transfer it to a third party up to 14 days before departure, without costs. Beside that the normal cancellation and rebooking rules mentioned in these terms and conditions applied.
A circumstance and/or event that was known or was known to be a risk at the time of booking does not constitute a force-majeure event. A circumstance that the traveller can take actions to avoid shall not constitute a force majeure event.
When the traveller orders an arrangement on the web or by telephone, the personal data provided will be processed by Polar Force. The personal data may also be processed by Polar Force’s partners such as insurers, hotels, train, airline and bus companies, etc. Polar Force will also process necessary personal data that the traveller provides about people in the traveller´s travel company.
Polar Force is the data controller for the processing of personal data collected from travellers. Polar Force may also process data to provide offers and other marketing to travellers. A traveller can unsubscribe from Polar Force’s marketing at any time. Complaints can be sent by e-mail to firstname.lastname@example.org.
THE SWEDISH TRAVEL GUARANTEE ACT
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
Therefore, you will benefit from all EU rights applying to packages. Polar Force will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, Polar Force has/have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
Key rights under Directive (EU) 2015/2302
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem. 11.12.2015 L 326/25 Official Journal of the European Union EN
- Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
- If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Polar Force has taken out insolvency protection in Sweden through Vector Nordic. Travellers may contact this entity or, where applicable, the competent authority Kammarkollegiet, Birger Jarlsgatan 16, 114 34 Stockholm, 08-700 08 00, email@example.com if services are denied because of Polar Force’s insolvency.