GENERAL TERMS & CONDITIONS
Article 1: Definitions
For the purposes of these Terms and Conditions:
- ‘operator’ means Kuurakettu Oy (YT: 3021342-9)operating under the name of Frost Fell Adventures;
- ‘consumer’ means any natural person who’s order has been confirmed by the operator;
- ‘order’ means any communication from any natural person to the operator requesting the reservation of a service offered by the operator;
- ‘reservation’ means any order that is confirmed by the operator in case that the consumer wants to pay right at the beginning of the booked service, or any order for which the consumer has paid the price in full in advance and received a confirmation, thus creating a binding contract between the operator and the consumer;
- ‘service’ means any activity or tour which the operator supplies or undertakes to supply to the consumer and the consumer pays or undertakes to pay the price thereof
- ‘guide’ means any person providing a service to a consumer under the direction of the operator.
Article 2: Scope
These General Terms and Conditions shall apply, under the conditions and to the extent set out in its provisions, to any contract concluded between the operator and the consumer.
Article 3: Service Language
The language used during all services provided by the operator is English, unless otherwise stated or agreed.
Article 4: Liability
The operator shall exercise pro-activity, contingency, due diligence and appropriate health and safety measures in accordance with the laws and regulations of Finland and Finnish standards of recommended practices of program services at all times when delivering offered services under these General Terms and Conditions.
Article 5: Liability Insurance
The operator has a general third party liability Insurance for bodily injury and property damage according to the terms and conditions of Vahinkovakuutus Oyj.
Article 6: Other Injuries
The operator may only be held liable for personal injuries or material damage arising from accidents that have happened during the delivery of the offered services and which are caused by negligence of the operator or its guides or by the provision of faulty equipment. The operator is not liable for any accidental damage or injury which has to be indemnified under the travel insurance of a consumer. Having personal travel insurance is always highly recommended. Offered services e.g. snowshoe hikes can be physically demanding and the consumer may be exposed to different kinds of physical strain. In the case the consumer is having any illnesses or disabilities (for instance heart disease, asthma, diabetes, epilepsy, back or hip problems) that could affect his/her/their ability to take part in the services, or if she/they is pregnant, he/she/they should prior to participating in any services consult medical experts about his/her/their ability to participate in the service in question. Should the consumer have an illnesses or disability of this nature, he/she/they acknowledges that he/she/they participates in the service at his/her/their own risk.
Article 7: Animals
All animals used in the services (companion dog on a tour) are trained as far it is possible for the activity. Acknowledging the fact that an animal’s behavior can never be fully predicted, all instructions given by the guide must be observed in order to minimize risks.
Article 8: Force Majeure
Neither party shall be held liable for any default, damage or loss due to force majeure or to unreasonable impairment of the Party’s operations due to a similar cause (including but not limited to war, strike, weather, lack of snow, or other natural condition etc.). If encountering force majeure, the affected party shall immediately notify the other party in writing thereof, and shall keep the other party fully informed of the continuance of the force majeure condition and of any relevant change of circumstances whilst such force majeure continues. When affected by force majeure the parties shall undertake all reasonable steps available to them to minimize the effects of the force majeure on the performance of their obligations under these General Terms and Conditions.
Article 9: Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the Finnish Law. The Finnish Courts shall have the exclusive jurisdiction to settle any dispute, controversy or claim arising between the operator and the consumer. The District Court of Lapland Lapin Käräjäoikeus), located in Rovaniemi, shall be the court of first instance.
Article 10: Severability
If a provision or part thereof of these General Terms and Conditions is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect:
(1) the enforceability or validity in that jurisdiction of the remainder of that provision and any other provision of these Terms and Conditions, or
(2) the enforceability or validity in other jurisdictions of that or any other provision of these General Terms and Conditions.
Article 11: Privacy Policy
The operator’s privacy policy can be found at: https://frostfelladventures.com/privacy-policy.
Article 12: Services and Prices
The prices and the services offered and to be delivered by the operator under these General Terms and Conditions are set out in the program descriptions for each service. The given prices include VAT according to the Taxation Laws and Regulations of Finland. The operator reserves the right to change the prices in case of any unforeseen increases in costs (including but not limited to taxes, fuel prices etc.) beyond the control of the operator.
RESERVATIONS AND CANCELLATION POLICY
Article 13: Making a reservation
A reservation is made when:
- An order is confirmed by the operator in case that the consumer wants to pay right at the beginning of the booked service; or
- The consumer has paid the price in full in advance and received a confirmation by the operator.
Both options create a binding contract between the operator and the consumer. All payment options will be presented on the operator’s website, or in case of reservations made on the spot, during the booking process.
Article 14: Cancellation by the operator
1) The operator reserves the right to cancel the tour for the following reasons:
- Extremely cold weather. When the temperature drops below -25°C: the risk for cold related injuries is too high;
- Stormy or otherwise dangerous weather where a weather warning has been issued on ilmatieteenlaitos.fi (e.g. snowstorm, extremely icy road conditions etc.);
- Technical problems related to providing the tour. In this case we will inform the customer as soon as possible. The operator will return the possible pre-booking costs to the customer in case that the customer has paid by prepayment. No extra refund is paid to the customer.
In case of a cancellation for the above reasons, the operator will inform the consumer as soon as possible. The price of the reservation will be refunded in full. No additional refunds will be made.
2) The operator also reserves the right to cancel the tour in case that the consumer has insufficient winter clothing for the tour and they refuse to rent. This is done to ensure the consumers safety and wellbeing. In case of such cancellation no refund will be made.
3) The operator also reserves the right to refuse participation to consumers believed to be under the influence of alcohol or drugs. In case of such cancellation no refund will be made.
4) The operator also reserves the right to refuse participation to any consumer whose conduct or manner is likely to cause offence, upset, or put other consumers in danger. In case of such cancellation no refund will be made.
Article 15: Aurora watching cancellation
On discretion of the operator, in the event that the weather forecast on www.ilmatieteenlaitos.fi shows that the sky is too cloudy for northern lights during the duration of the reserved tour, the operator will give the consumer the following options min. 1h prior to the respective start time of the booked service:
- The consumer can choose cancel the tour (and receive a full refund for the reservation if booked through Frost Fell Adventures’ website https://frostfelladventures.com. For bookings made through Viator, Get Your Guide and TripAdvisor, the OTA’s cancellation policy will be applied), no additional refunds will be paid; or
- Join the trip regardless of the forecast and hope that the weather clears. No refunds will be made in case that there are no northern lights.
Article 16: Cancellation by the consumer
Cancellations shall me made in writing by sending an email to: booking@frostfelladventures.com. The following conditions apply to cancellations made by the consumer:
- if the cancellation take place less than 48h prior to the respective start time of the booked service no refunds will be made to the consumer;
- if the cancellation takes place 7 days to 48h prior to the respective start time of the booked service, 50% of the price of the booked service will be refunded to the consumer;
- if the cancellation take place more than 7 days prior to the respective start time of the booked service, the price of the booked service minus a 25 EUR cancellation fee will be refunded to the consumer. The 25 EUR cancellation fee covers the cost for processing your reservation and preparing the service.
If you booked your tour through Get Your Guide, TripAdvisor or Viator, please refer to their website for more information on your rights to cancel the reservation.
Article 17: Changes to the reservation
All changes or alterations to be made to the reservation shall be made in writing within office hours in Finland and min. 24h prior to the respective start time of the booked service. The requested changes are subject to the written approval by the operator.