After facing a Global Pandemic and the world-wide weather effects of Climate Change, our recognition of uncertainty in the variable conditions of our lives makes the idea of strict rules and schedules in booking vacations look like anything but common sense.
By providing flexible terms, we hope to provide our clients with a blend of both certainty and adaptability, as we promise to do our best in accommodating their needs to postpone or cancel journeys.
Whether designing a bespoke journey or creating the space for a traveller to change their mind, at Up Norway, flexibility is an important element of service.
Our Provisional Terms are designed to reduce risk for as long as possible, allowing our travellers to make necessary changes. For up to 31 days before their scheduled arrival date, journeys may be postponed for up to 18 months. And any journey can be cancelled, for any reason.
All payments are processed by Stripe, a PCI certified service provider, who uses the most stringent level of verification available in the payments industry.
Funds will be deposited into their own holding account at Norway's largest bank, DNB.
We closely monitor our accounts to ensure that we can always settle travel arrangements with our partners. And your payments are guaranteed at full refund, by the Norwegian Travel Guarantee Fund, of which we are members.
Our dedicated team of travel curators are constantly striving to exceed your expectations – from our very first contact, right up until you arrive back home. We also take into account the needs of our network of partners, who are often independent/boutique providers.
Our Provisional Terms are designed to be fair for you, to our partners, and for us. Here’s how they work:
Since our journeys are individually tailored and personalised, there may be exceptions for some accommodation options, flights, voyages or cruises or other non-refundable services. Those cases will be shared and explained before deposits are collected. Prices may be subject to change if postponements affect specific dates or seasons.
To create a bespoke itinerary with a specific price and guaranteed availability, we charge an upfront trip-design fee for our time and expertise. The trip-design fee is NOK 3000,- for journeys of less than 15 days, and NOK 4500,- for journeys longer than 14 days. For last-minute or peak season bookings, the trip design fee may be higher. This fee is credited to the final bill and non-refundable, should the trip not be booked through Up Norway.
At the point of a journey’s acceptance, we collect a deposit to confirm the bookings with our partners. The deposit typically totals 15% of the journey’s total cost (sometimes more, if a journey contains many elements which require up-front payment). The balance of the cost is due 45 days prior to the scheduled start date of the Up Norway journey.
Our journeys include all charges, fees, and/or taxes and duties (including Norwegian VAT) that Norwegian authorities will impose on the services included. Prices do not include personal expenses such as gratuities, visa/passport fees, insurance, medical costs, etc. A full list of inclusions is shared with our clients when planning and booking our journeys.
A journey may be cancelled at any time. The cancellation, however, will be subject to a cancellation charge, the amount of which depends on how much notice is given prior to the scheduled dates of your itinerary:
Cancellation 90 days prior to arrival date:
25 % of total journey price.
Cancellation 60-89 days prior to arrival date:
30-50 % of total journey price.
Cancellation 30-59 days prior to arrival date:
50-75 % of total journey price.
Cancellation less than 30 days prior to arrival date:
100 % of total journey price.
Up Norway is part of the Norwegian Travel Guarantee Fund. In the unlikely event of our firm’s insolvency, your money will be refunded by the fund.
If a journey includes a rental car, the driver must adhere to the rules put forward by the rental car company in question. A valid driver’s licence and credit card must be presented when the car is received. In Norway, driving a snowmobile or other motorised vehicle requires a valid driver's licence.
As visa and health requirements are subject to change without notice, we recommend that our clients verify health and visa requirements with appropriate consulates prior to their departure.
We advise all travellers to purchase a comprehensive travel insurance and cancellation policy to minimise possible losses due to unforeseeable situations during travel. Travel insurance can be purchased through World Nomads and many other carriers.
We offer “Cancel For Any Reason” (CFAR) insurance on most of our journeys. For an additional cost of NOK 5000 per person (approx. USD 560) we will ensure fully flexible rates allowing the cancellation of an entire journey for any reason up until 20 days prior to the scheduled arrival date, with a secure a refund of 75 % of the journey’s total value (*subject to availability).
By booking with Up Norway it is accepted and understood that participation in certain activities may involve risks beyond conventional holidays. Up Norway shall not be liable for any loss, damage, accidents, injuries, sickness or death during a journey.
If changes are required during a journey, we are available via “Chat” in the Up-app, or by phone. Refund claims must be submitted by email within 2 weeks after the completion of the specific journey or activity.
A detailed version of our Terms of Service can be found below.
That being said, welcome to Norway!
Up Norway AS (“Up Norway” or “we”) is a limited company established in 2016 (company number 917 092 893 MVA) whose registered office is at Spaces, Kristian Augusts gate 13, 0164 Oslo, Norway. We are specialist travel organisers catering to discerning global travellers (“you” or the “traveller,” the “guest,” the “visitor,” the “client”).
Our journeys are high-end, sustainable travel concepts tailor-made for our clients (hereinafter the “journeys”). Our terms of service describe how we run our business to ensure our journeys become a great experience for our clients, our partners and our team. Should amendments to booked itineraries be required, we will do our best to assist. Please bear in mind that some of our partners are small and their services are in high demand. This means that the earlier reservations are secured, the better. Our team and partners have costs involved in preparing for our clients’ arrivals and/or related to administering changes in their schedules or journeys. Therefore, late cancellations or amendments after booking may involve fees and are subject to availability, as outlined in our terms below.
Our Terms & Conditions are summarised in this chapter. For details, please read our full terms under Section C below.
Booking, payment and insurance: Booking, deposit, insurance and payment are regulated under part 1-4 (section C) below. As our service creates bespoke and curated offers, we amass significant hours early in the process, and will collect a non-refundable prepayment design fee before we confirm reservations. An invoice for a deposit on the specific journey’s costs will follow.
The Norwegian Travel Guarantee Fund: Further, see part 4.6 (section C) for your protection as a traveller under the mandatory Norwegian Travel Guarantee Fund
Modifying or cancelling a booking: Adjustment of the price, re-booking and cancellations are regulated under part 5-6 (section C) below.
The parties’ obligations: Up Norways’ and our clients’ rights and obligations as a traveller, is regulated under part 7 (section C) below.
Traveller’s Rights: In the unanticipated and unlikely event that travel arrangements are affected by the non-performance or defective performance of UpNorway, traveller’s rights are regulated under part 8-9 (section C) below.
These terms and conditions will apply to journeys that fall under the definition in Section 6 of the Act relating to package travel of June 15, 2018. We have based our positions on the balanced General Terms and Conditions for Package Travel, negotiated and prepared by Virke Travel Abroad, and the Norwegian Consumer Ombudsman.
1. Booking and payment
The agreement between the parties is deemed as concluded upon a confirmed booking and full payment of the agreed deposit.
COLLECTED IN FULL BEFORE PROCEEDING WITH BOOKINGS
After the creation of a journey and an outline of the bespoke itinerary is presented and agreed, we ask for a Trip-Design Fee before detailing logistics, making initial reservations, and confirming the exact price per person. The fee starts from NOK 3000, but, depending on the complexity of the journey in question, that number may change. The fee goes towards the costs of our services. The Trip-Design Fee amount is deducted from the final bill, but is not refunded in cases of no-purchase. Amendments may be made to the itinerary proposal after having the deposit is paid. Only upon approval of the amendments, will the itinerary be finalised.
First payments act as an approval of Up Norway's terms as listed on this page.
If the contractual amount has not been deposited to Up Norway's account within 2 days of the due date, Up Norway may terminate the agreement unless the traveller can document that payment has been made by the date noted.
Typically, and in standard procedure, the balance of the journey’s costs will be due approximately 45 days prior to departure. If Up Norway has payment obligations to service providers that require payments earlier than 45 days prior to our clients’ departure, our clients will be notified, billed, and the amounts collected, with the balance due at 45 days.
PAYMENT METHODS - ELECTRONIC PAYMENTS
Payments are made through a secure payment link or, alternatively, through bank transfer. Our Payment Processing Platform operates at the highest level of security and Up Norway stores no payment details.
2. The agreement between the traveller and Up Norway
Our agreement covers the journey as set forth in the booking confirmation and the travel document (itinerary or similar document), as well as any additional services included in the journey by agreement between the parties. Furthermore, the information Up Norway has provided on its websites and digital correspondence may be seen as part of the agreement unless they are assumed to be of no significance to the traveller's purchase of the journey in question. The website and digital correspondence information is not deemed to be part of the agreement if it has clearly been modified prior to the conclusion of the journey.
3. Price of the journey
All itineraries offered by Up Norway are subject to availability. Inclusions are listed in our client’s personal itineraries.
The price quoted for the journey includes all charges, fees and/or taxes and duties (including Norwegian VAT) that Norwegian authorities impose on the services included in the journey. Prices do not include tips/gratuities, passport and visa fees/costs, baggage and personal insurance, travel insurance, any items of a personal nature, vaccinations & medical expenses, optional activities, local taxes or use-fees including foreign departure, security, customs, immigration, agricultural, passenger-facility charges or international transportation tax or food and beverage not specifically listed in the itinerary.
The price for any cancellation protection and/or travel insurance must be understood as additional to the price of the journey, and is not covered by the provisions in this section. The same applies to any connecting travel or land arrangements that are not part of the Up Norway journey.
The contracted journey price can be adjusted up or down by changes in government taxes and fees, and/or transport prices and/or the currencies in question. In these cases, our clients will be given grounds for, and a calculation of, the price increase. Occasionally, service providers make changes to dates, prices, inclusions, coverage, age requirements, etc. Up Norway cannot be held responsible or liable for any change in information related to such services or tours provided from a third party. In the notice of a price increase or change in accordance with the provisions above, Up Norway will give our clients the option of terminating the specific purchase in question at no cost, ref. Section 19 & 20 of Package Travel Act.
Conversion of foreign currency: Prices are quoted in Norwegian Krone (NOK) based on the local tariff at the time of quoting, and payment is made in NOK converted at the prevailing foreign-exchange rate at the time of payment. Price quotations are subject to change without notice, until a booking has been confirmed with payment and Up Norway has confirmed that the bookings have been made.
If a booking is made more than 6 weeks prior to arrival:
At the time of confirmation, Up Norway requests a deposit payment of 15 % of the full price, plus the cost of domestic flights and other services that require payment at the time of booking. Often, a journey entails financial obligations to Up Norway prior to the start of travel, for example, domestic flights, hotels requiring a non-refundable prepayments or special land arrangements (excursions, courses, etc.) where Up Norway is not entitled to a refund upon cancellation. In these cases, the deposit will correspondingly be increased.
Upon receipt of payment, we proceed to confirm our journey details to secure the best places, experiences and prices. Full payment is due 6 weeks before scheduled arrival date.
If the booking is made less than 6 weeks prior to arrival:
The full amount is due at the time of the booking’s confirmation. If final payment is not received by due date, Up Norway reserves the right to cancel the journey.
Prices of flights and accommodations may change between the time a client has received their proposed itinerary and bookings are confirmed. We therefore recommend the securing of bookings through payment as soon as possible after receiving itinerary proposals. As soon as Up Norway has received payment, we confirm all bookings, and send written confirmation to our clients. If Up Norway, for any reason, is unable to confirm a proposed itinerary to the satisfaction of our client after deposit payment, the client has the right to a refund of the deposit amount paid to Up Norway, exclusive of the trip-design fee
4. Special conditions related to the agreement
4.1. CANCELLATION PROTECTION AND TRAVEL INSURANCE
We advise all travelers to purchase comprehensive travel insurance and cancellation insurance to minimize possible losses due to unforeseeable situations during travel. Travel insurance can be purchased through World Nomads, and many other reputable carriers. Note that regardless of the travel insurance provider, special rules apply when it comes to coverage in case of cancellation before or during the journey; cancellation coverage before journeys commence should be purchased upon confirming the date of the journey. In general, cancellation coverage is only applicable with valid medical documentation. Travelers are responsible for making themselves familiar with their travel insurance provider’s terms.
We strongly recommend our clients carry a valid travel/cancellation insurance policy with extended coverage for loss or damage to luggage, medical expenses, and possible repatriation in the event of an accident/illness. We advise that an insurance card proving the purchased such insurance and/or a European Health Insurance Card is carried by our clients at all times.
4.2. ENTRY REGULATIONS, PASSPORTS AND VISAS
It is always the ultimate responsibility of all travelers to check with the consulate of the country they are visiting for current entry requirements. As they are subject to change without notice, we recommend that our clients validate visa and health requirements with the appropriate consulate prior to departure. Travelers are obligated to provide correct information in accordance with the requirements various countries have stipulated as a condition for entry.
For some nationalities, it is required that passports have validity of no less than 6 months after the day of arrival to Norway. Some nationalities are also required to have valid visas to travel to Norway. For information about visa requirements, we advise checking the UDI website.
4.3 INFORMATION REGARDING TRANSPORT
Up Norway will share with our travelers the airlines that will operate flights included in each journey. Should there be a change of airline after the journey has been purchased, the client will be informed.
4.4. VEHICLE RENTAL TERMS
All drivers must adhere to the rules put forward by their car rental company. A valid driver’s license and a credit card must be presented when the car is received. The traveler will be asked to sign a contract with the car rental company. This contract is between the car rental company and the traveler. Up Norway advises our clients to read the contract carefully, and to make sure that they are aware of the different insurance options available. The contract should detail how the driver is insured or liable (insurance cover), self-risk/self-cost and more. Up Norway cannot be liable for any damages, injuries, accidents or sickness during our clients’ journeys. All matters related to damages to the car are dealt with directly with the car rental dealer.
4.5 FITNESS LEVEL AND RISK
It is our client’s responsibility to estimate whether their own fitness level fits the activity recommended and booked. By booking with Up Norway, one acknowledges that participation in certain activities involve risks above and beyond those encountered on more conventional holidays. Such risks include, but are not limited to the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. Up Norway will always have the safety of our travelers first in mind, but our clients are responsible for taking necessary precautions to avoid serious damage or injury to themselves and others. By confirming the booking through payment and acceptance of our Terms & Conditions, our clients fully accept these risks and agree not to hold Up Norway responsible in case of injury, damage or loss.
4.6. THE TRAVEL GUARANTEE FUND
Up Norway has furnished a mandatory guarantee to the Travel Guarantee Fund. Journeys consisting of a combination of accommodation, food & drink, transportation and activities purchased by travelers through Up Norway, fall under the Package Tour Act of 2018/0107, which regulates traveler’s rights. The Norwegian Travel Guarantee Fund (the “Fund”) is organized as a private foundation. Its objective is to administer the travel guarantee requirements in Directive 2018/0107/EU as implemented in the Package Tours Act. The fund may be contacted using this email: email@example.com. By law, Up Norway has a travel guarantee which secures that their clients are refunded in case of company dissolve. If transportation to a client’s home destination is purchased through Up Norway, the travel guarantee will also cover refund of purchased transportation. Clients may read the related legal regulations here and send complaints to the abovementioned email address in case of insolvency.
5. Traveler's right to amend, cancel or transfer the journey
General information: All amendments or cancellations are made by contacting Up Norway on firstname.lastname@example.org. If modifications are required during a journey, an Up Norway staff member will be available via “Chat” in the Up-app or by telephone. Refund claims must be submitted by email within 2 weeks after the completion of the specific journey or activity. To receive a refund for a cancelled service, the cancellation must have been managed directly through Up Norway. We take no responsibility for cancellation of services made directly through our partners. Please note that reducing the number of persons in a booking is considered a cancellation for the change in number of persons. No refunds will be made in the case of no-show.
5.1. CANCELLATION IN THE EVENT OF EXTRAORDINARY CIRCUMSTANCES
The traveler has the right to cancel the journey if at the destination or in the immediate vicinity thereof, and prior to the start of the journey, inevitable or extraordinary circumstances have been noted, such as acts of war, natural disasters, hazardous infectious diseases, or other events that must be equated with such events, which will affect the completion of the journey or the transport of the traveler to the destination.
The right of cancellation also applies if the events arise near or on the destinations included in the itinerary and entail a genuine risk to the traveler. Refund claims for services where funds have already been transferred from Up Norway to the service providers in question, will be addressed to the service providers on a contractual basis.
The right to cancel in accordance with this section does not apply if the traveler knew, or should have been aware of the circumstances when he entered into the agreement to purchase the journey.
5.2. FEES FOR CANCELLATION
A journey is considered confirmed when a traveler has paid the deposit payment. After this point in time, the fee for cancellation will range from 25 % to 100 % depending on how much notice is given to Up Norway prior to the scheduled starting date of the itinerary:
Cancellation 90 days prior to arrival date:
25 % of total journey price.
Cancellation 60-89 days prior to arrival date:
30-50 % of total journey price.
Cancellation 30-59 days prior to arrival date:
50-75 % of total journey price.
Cancellation less than 30 days prior to arrival date:
100 % of total journey price.
Cancellation of one or more travelers:
Note that the price per person is based on the number of persons within the same group. If one or more persons within the same group cancels, this may not entitle a refund as the services we have purchased from our partners are based on a price for the group; therefore, cancellation of one or more persons may not incur a reduction in price, regardless of time of cancellation. This also applies if a booking is based on discounts or reductions linked to the number of guests. Up Norway may also collect a higher price, due to the loss of discounts related to the size of the group, from the remaining travelers.
“Cancel For Any Reason”: For an additional cost of 5000 NOK per person, we will ensure fully flexible rates allowing the cancellation of an entire journey for any reason, up until 20 days prior to the scheduled arrival date, with a refund of 75 % of total journey value (*subject to availability).
5.3. IN THE EVENT OF A SUDDEN ILLNESS OR ACCIDENT - VOLUNTARY CANCELLATION PROTECTION (BY THIRD PARTY PROVIDER)
If the traveler has taken out cancellation protection/insurance, they are entitled to be released from the agreement. They are obligated to notify Up Norway of the cancellation as soon as possible after becoming aware of the circumstances that entitle cancellation in accordance with this section.
In these cases, Up Norway refund in accordance with section 5.2. and if requested by the traveler – provide documentation on the amount that has been paid for the journey which is not refunded. The traveler can use this material to document loss and make a claim to the insurance / cancellation protection provider. If the booking includes multiple travelers and the total price reflects the discount or reduction based on the total number of travelers, a cancellation by one or more of the travelers may entail that the conditions for the agreed price no longer apply. This may lead to an increased price for the remaining travelers. It is the responsibility of the individual travelers to ensure they are covered by their travel insurance / cancellation protection in these situations. In these situations, Up Norway will go out of their way to make suitable adjustments to the journey so that the extra cost on remaining travelers, on the same journey, is kept to a minimum or eliminated. This may involve choosing different accommodations, transportation, or activities other than those which were originally booked for the initial number of travelers.
5.4. TRANSFER OF THE JOURNEY
The traveler is entitled to transfer the journey to another person who meets the conditions for participating in the journey. The prerequisite here is that Up Norway or a distributor is notified well in advance of the start of the journey, and that Up Norway and/or our partners are not bound by rules prohibiting such transfers. Scheduled flights, for example, are in this category of partners. When the scheduled airline accepts name changes, the company's Terms & Conditions for this will be in addition to the rules in the General Terms & Conditions for Package Travel.
In the event of a transfer, Up Norway may charge a reasonable name-change fee. The original traveler and the new traveler will be jointly and individually liable for such fees and any remaining amounts for the journey.
Up Norway's duty of disclosure in accordance with the Package Travel Act and these Terms & Conditions, is normally regarded as having been fulfilled in relation to the new traveler to the extent that the duty of disclosure has been fulfilled in relation to those who are transferring the journey. If there is a need to provide further information, and this is practically possible, Up Norway will nevertheless still be obligated to disclose the necessary information to whomever the journey has been transferred. Up Norway will not bear any liability if the person to whom the journey has been transferred does not satisfy the requirements stipulated by the country of entry.
5.5. AMENDING THE RESERVATION
We do not normally charge extra for helping to change or rearrange a journey after the time of booking; however, costs, including a reasonable service fee, may occur due to late cancellations or when selecting new accommodation facilities, modes of transportation, activities or food experiences. We may not be able to fulfil requirements due to lack of availability and timing, but we undertake to do our best.
In the case of changes in price, we will notify our clients about increased costs or we will refund the difference should the cost be less than paid. If our partners cancel activities due to weather conditions or any other circumstances, every effort will be made to offer suitable alternatives. If Up Norway's costs associated with the changes are higher than the amount paid for the original activities, extra costs will apply to the client.
6. Up Norway's right to cancel or change (parts of) the journey / activities
6.1. TOO FEW PARTICIPANTS REGISTERED
On occasion, Up Norway and/or partners may offer fixed-date journeys/activities which require a minimum number of guests to be carried through. If the number of participants set as a condition for completing such journeys/activities have not been secured, Up Norway may be forced to cancel such journeys/activities. In these circumstances, Up Norway will go out of our way to offer suitable alternatives, or offer our travelers a refund for the cancelled journey/activity. If the cancelled activity is part of a longer journey, the traveler is only entitled to a refund of the cancelled activity, not other parts of the journey.
Up Norway will notify our client of any cancellations, in accordance with this section, as soon as possible.
6.2. IMPEDIMENT BEYOND THE CONTROL OF UP NORWAY
Up Norway may cancel a journey without liability to pay compensation if the journey cannot be completed due to inevitable and extraordinary circumstances, and if the traveler is notified of the cancellation without undue delay. Such impediments may, under the circumstances, be war or acts of war, natural disasters, hazardous infectious diseases, or other events that must be equated with those mentioned above.
Up Norway and our partners reserve the right to change routes, schedules and itineraries if needed because of weather, road conditions, or other unforeseen reasons. This is always with the safety and best interest of our clients in mind. If you wish to convey feedback on any of our partners, please send us an email on email@example.com.
If a journey is cancelled before it starts due to impediments beyond the control of Up Norway, we are obligated to refund all the amounts paid by the traveler immediately. Alternatively, our client shall be offered an alternative journey of a corresponding or higher quality. If the client is offered an alternative journey of lower quality than originally presented and agreed upon, he shall be given a suitable price reduction.
In accordance with the same conditions as mentioned in the first paragraph, Up Norway will not be liable to pay compensation due to non-performance or deficient performance of a journey if interrupted due to such impediments arising after the start of said journey. If the journey is shortened due to Up Norway, or one of our partners cancelling due to such conditions, the traveler will nonetheless be entitled to a proportionate price reduction.
6.3 UP NORWAY'S RIGHT TO CHANGE THE CONTENT OR CONDITIONS UPON CONCLUSION OF THE AGREEMENT
Up Norway may not change the Terms & Conditions of the agreement or the specifications of the journey, to the detriment of the traveler, upon the conclusion of the agreement, unless specifically designated services/specifications are made subject to change, and this is expressly stated in the individual agreement, i.e. the travel document or other contract document.
Up Norway is obligated to notify the traveler in writing as soon as possible if Terms & Conditions are amended. Up Norway shall advise the traveler of their right to cancel the purchase of the journey should changes result in material non-performance or defective performance of the journey itself. Optionally, they may claim a price reduction for non-performance or defective performance of the journey. If the traveler has not claimed this right within three days after notification of the change, the right to cancel the purchase or claim a price reduction will be forfeited.
7. Parties' obligations
7.1. UP NORWAY'S DISTRIBUTOR'S OBLIGATIONS
Up Norway shall complete the journey in accordance with what has been agreed upon with the traveler, cf. Section 2. If unforeseen circumstances make changes to the journey necessary, Up Norway shall, to a reasonable extent, ensure that the traveler is subjected to as little inconvenience as possible.
Up Norway shall provide appropriate assistance to travelers in difficulties as soon as possible. This assistance shall aim to provide appropriate information about health services, local authorities and consular assistance, as well as assistance in finding alternative travel services. Up Norway may charge a reasonable fee for this assistance if the difficulties are caused intentionally or negligently by the traveler.
Up Norway/distributor shall disclose any circumstances they understand, or should understand, will be of importance to the traveler as soon as possible.
If the traveler identifies any non-performance or defective performance of the journey, Up Norway will be obligated, within reasonable limits, to remedy the non-performance or defective performance as soon as possible.
7.2 TRAVELER'S OBLIGATIONS
The traveler is obligated to familiarize himself with these general Terms & Conditions or the conditions published on the Up Norway website or otherwise.
a) Payment: The traveler is obligated to pay the agreed upon prices and fees by the schedules outlined in Terms & Conditions. A material payment default will entitle Up Norway to cancel the booking.
b) Information: The traveler is obligated to provide Up Norway and partners / service providers with the relevant information that he understands, or should understand, is of significant importance to the completion of the journey. Whoever makes bookings for travel companions is obligated to provide correct and relevant information for these travelers as well. Up Norway is not liable for any problems arising from the fact that the personal details or special needs of travelers have not been provided in a correct manner. Anyone who books a journey on behalf of someone else is obligated to make sure that the individual(s) who are to participate can comply with regulations established by Up Norway, and that the journey in question is of such a nature that the registered traveler is able to participate without causing distress to himself or others.
c) Complaints: Travelers are obligated to notify Up Norway without undue delay if they discover any non-performance or deficient performance that will entitle them to rights under Sections 8.1 a) – e). If the non-performance or deficient performance is discovered after the journey has begun, the traveler must file a complaint locally whenever possible.
d) Documents etc.: The traveler is obligated to verify that tickets and travel documents are in accordance with the booking, and that the name of the travelers match the names that appear on the passports. The traveler is obligated to carry and present all but not limited to: a valid passport, visa/health certificates, transportation tickets, reference numbers, a valid driver’s license and/or any other documents that may be required for travel or activity. The traveler is obligated to obtain all documents necessary for the journey, and obligated to secure any insurance that he deems to be necessary. Up Norway is entitled to reject a traveler without compensation if the required documents are not carried and presented.
e) Consideration of travelling companions etc.: The traveler is further obligated to observe Up Norway's own regulations as they have been presented prior to the conclusion of the agreement, as well as the regulations of hotels and other subcontractors, and the regulations of carriers and local authorities. Furthermore, the traveler shall comply with the instructions Up Norway provides about when and where to report or gather during the journey, as well as any other instructions the carrier or transport may denote in connection with the journey.
The individual participants in the journey must not inconvenience their travel companions or create security or practical problems for Up Norway. Up Norway has the right to reject travelers at the start of the journey should their conduct or condition make it obvious that they cannot fulfil the requirements in this section.
f) Travel etc.: The traveler is obligated to observe any rules stated by Up Norway regarding the confirmation of tickets on scheduled airlines. If these rules are not followed, one cannot count on using the seats that have been reserved. Furthermore, the traveler is obligated to check and note changes in flight departure times by contacting Up Norway, should the traveler have left the travel party, or otherwise made himself or been unavailable up to 24 hours prior to the scheduled departure. The traveler is obligated to follow Up Norway's invitations to read messages sent through the digital itinerary app, Up Norway's e-mail, and SMS messages.
g) Consequences of a breach: Gross breach of these regulations, after there has been a complaint about a matter, will entitle Up Norway to refuse the traveler in question to continue his participation in the journey. Up Norway will not bear any liability for additional expenses in connection with early or changed travel. The rejected traveler may not submit a claim for the part of the journey that has not been completed.
The traveler may be liable to pay compensation for losses or additional expenses incurred by Up Norway in the event of a gross breach of the aforementioned regulations. The traveler is liable for damages and losses, in accordance with the ordinary rules of the law of damages.
8. About non-performance or defective performance
8.1. NON-PERFORMANCE OR DEFECTIVE PERFORMANCE PRIOR TO DEPARTURE
The traveler may terminate the agreement before the start of the journey if it is clear that there will be material non-performance or defective performance of the journey. The same applies if the contractual Terms & Conditions change and the change will represent a significant disadvantage for the traveler. A price increase of more than 8% shall always be deemed to be a significant disadvantage. In this event, the traveler shall notify Up Norway of termination within a reasonable period of time, should he decide to terminate. Unless there are special grounds so indicating, such notification shall be given within one week of notice of the change being received at the latest, or as soon as possible if notification is received prior to departure. The traveler is entitled to a full refund of all paid amounts and any compensation under the rules of Section 29 of the Package Travel Act.
Alternatively, should the price of an activity increase beyond 8%, travelers are entitled to a different journey of a corresponding or higher quality if Up Norway can offer such an option. If the proposed alternative travel services result in a journey of lower quality than originally agreed upon, the traveler shall be given an appropriate price reduction.
8.2. NON-PERFORMANCE OR DEFECTIVE PERFORMANCE AFTER DEPARTURE
If there has been non-performance or deficient performance of the journey with respect to the delivery of the travel services included in a journey, and this is not due to the traveler or any circumstances of his making, the traveler is obligated to submit a complaint about non-performance or defective performance without undue delay. Non-performance or defective performance after departure giving rise to a legitimate complaint grants the traveler the following rights:
a) Remedies: The traveler may demand that Up Norway remedy the non-performance or deficient performance if this can be carried out without unreasonable cost to or inconvenience. The remedy must be carried out within a reasonable deadline set by the traveler. If the non-performance or deficient performance is not remedied by the deadline, the traveler may remedy the non-performance or deficient performance himself, and claim a refund for the necessary expenses.
If the traveler refuses a solution that would remedy the non-performance or deficient performance, or if he fails to submit a complaint to Up Norway or Up Norway's representative where possible, so that a remedy may be made, he will lose his right to submit further claims.
b) Alternative travel services: The traveler may demand that Up Norway offer an alternative travel service if a significant portion of the travel services cannot be delivered in accordance with the journey agreement. If possible, Up Norway shall offer an alternative travel service of comparable or higher quality at no additional cost. If the proposed alternative travel services result in a journey of lower quality than agreed upon, the traveler shall be granted a suitable price reduction. The traveler may only reject the offer if it is not comparable to what follows from the journey agreement, or if the price reduction is insufficient.
c) Price reduction: If the non-performance or deficient performance is not remedied, the traveler is entitled to an appropriate price reduction for the duration of the non-performance or deficient performance of the journey.
d) Termination: If there is non-performance or deficient performance of the journey that materially affects the completion of the journey, and Up Norway has not remedied the non-performance or deficient performance, nor offered alternative services, the traveler may terminate the agreement and claim a refund for the value of the travel services not delivered.
If the traveler terminates the agreement in accordance with this provision and should the journey include a transport component, he is entitled to transport, free of charge, to the point of departure or other destination where the journey was scheduled to end. The rules in Section 6.2, third paragraph apply in the same manner.
e) Compensation: If there is non-performance or deficient performance of the journey, and the traveler incurs losses due to this performance, the traveler may claim compensation from Up Norway. Up Norway's liability to pay compensation in accordance with the above does not apply if Up Norway can demonstrate that the non-performance or deficient performance is due to inevitable and extraordinary circumstances. Moreover, the right to compensation does not apply if the non-performance or deficient performance is caused by a third party, not related to the delivery of the travel services included in the agreement, or if the non-performance or deficient performance could not have been foreseen or avoided. When transport law restricts the scope of or conditions for compensation from a carrier, the same restrictions apply to Up Norway.
8.3 LIMITATION OF COMPENSATION - DISCLAIMERS & LIMITATIONS OF LIABILITY
Limitations of liability - general: Up Norway shall not be liable for any loss, damage, accidents, injuries or sickness during a journey. The same applies for any changes in our clients’ itinerary due to weather, strikes or any other force majeure. Up Norway and its partners accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
Limitation of consequential losses: Under no circumstances will Up Norway or its partners be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of upnorway.com regardless of the form of action.
Limitation of liability incurred by our partners: Up Norway does not operate any tours but directs clients to partners in the form of hospitality and service providers in the Nordic countries. Service providers may also include local non-professional partners. Up Norway cannot be held liable for any accidents, losses, injuries, damages, delays, expenses due to any action or inaction on the part of the operators, guides and service providers. As the terms and conditions of each operator and service provider may vary, we ask that our clients read the terms and conditions of each of our partners that are included on their itineraries.
No warranty of data, accuracy of information, implied warranties or similar warranties provided: Up Norway’s content - including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to Up Norway, upnorway.com and/or to a Up Norway-affiliated website, service provider, operator and/or distribution partner is provided “as is” and on an “as available” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
At Up Norway we consistently monitor details and information about the products and services we offer to our clients for accuracy and conformation. However, Up Norway does not warrant that functionality, content, or information contained on upnorway.com or any Up Norway-affiliated website will be uninterrupted or error free, that defects will be corrected, or that upnorway.com or the servers that make it available are free of viruses or bugs.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Total cap of limitation of liability: To the degree Up Norway's liability to pay compensation has not already been limited by other transport law, Up Norway limits the compensation as described in this journey agreement, however in no event more than three times the total price of the journey. This restriction does not apply to personal injury or damage caused intentionally or negligently by Up Norway.
8.4 RELATIONSHIP TO OTHER TRANSPORT LAW
The traveler's right to a price reduction or compensation does not limit the traveler's rights under other transport law. Price reductions and compensation under the Package Travel Act, and compensation under other transport law shall be deducted from each other.
The traveler can address Up Norway directly with his claim for a price reduction for the cost of his journey. Any claims against carriers (for example, airlines) under other transport law (including standard compensation under the EU regulation on air passenger rights) must be addressed to the carrier.
Regardless of whether Up Norway is liable to pay compensation in accordance with the above, travelers are obligated to limit losses to the best of their ability. Compensation may not be claimed for loss or damage due to the traveler's own negligence or circumstances. Relationship to EU Regulation 2004-261 (delays, cancellations and overbookings). Provisions can be found at this address.
In case of delays, cancellations and/or overbooking, the rules that follow from the aforementioned EU Regulation apply. Any claim under this regulation must be addressed to the carrier. Where the EU Regulation grants the passenger the right to terminate the contract of carriage, this does not apply to the remainder of the journey unless the nature of the non-performance or deficient performance is such that the conditions for terminating the purchase of the journey have been met, cf. Section 8. Minor delays do not normally give entitlement to terminating the purchase of a journey. If the passenger chooses to cancel/terminate the purchase of the journey pursuant to the provisions of the EU Regulation, but the conditions for terminating the journey pursuant to the Package Travel Act have not been met, only the portion of the purchase price that relates to transport shall be refunded to the traveler. Up Norway is obligated to make their clients aware that a full refund of the journey price will not be made.
8.5 FOLLOWING CIRCUMSTANCES ARE NOT NORMALLY REGARDED AS NON-PERFORMANCE OR DEFECTIVE PERFORMANCE OF THE JOURNEY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8
a) Deviations from the expectations that the traveler has had and have not been created by Up Norway, such as other building standards at the destination or other circumstances linked to the destination, provided the circumstances for which the traveler is complaining must be regarded as "ordinary" at the destination.
b) Abnormal weather or other natural conditions of which Up Norway did not and could not have knowledge.
c) Conditions the traveler must assume may arise from time to time, which are beyond the control of Up Norway nor do they deviate from what is regarded as having been assumed in the agreement. Change of accommodation due to overbooking shall not be regarded as a "foreseeable deviation".
d) Delays during transport or changed departure/arrival times, when the stay at the destination is not shortened by more than a maximum of 6 hours for travel with a duration of less than 5 days, or 8 hours for travel with a duration of 5 to 8 days, or a maximum of 12 hours for travel with a duration in excess of 8 days. If the delay/change in the departure/arrival times is due to actions by the aviation authorities, exceptional weather conditions, air space congestion or other similar conditions beyond the control of Up Norway or the carrier, then the aforementioned deadlines are doubled. The fact that the circumstance is not regarded as non-performance or deficient performance in accordance with this provision does not prevent the traveler from receiving the assistance and any compensation that the traveler is entitled to, pursuant to the aforementioned EU Regulation.
e) Deviations from what has been agreed upon due to the traveler's own circumstances.
9. Dispute resolution
In the event of a complaint which results in a dispute where the parties cannot reach an agreement, cases may be brought before the Complaints Board for Package Travel (Package Travel Complaints Board) or other dispute resolution body. This agreement is governed by and shall be construed in accordance with Norwegian law. In the event of disputes which are not resolved by mutual agreement, or the Package Travel Complaints Board, shall be by settled by the Norwegian Courts.
The EU Complaints Portal can also be used if a client wishes to submit a complaint. This is particularly relevant if the complainant is a consumer residing in another EU/EEA country. Complaints can be submitted here.