Common use of THE GUEST’S RIGHTS AND OBLIGATIONS ETC Clause in Contracts

THE GUEST’S RIGHTS AND OBLIGATIONS ETC. 7.1 The Guest’s rights if the Arrangement is not fulfilled If the Arrangement cannot be provided according to the Booking Confirmation and these terms and conditions, and SkiStar is unable to offer the Guest equivalent alternative services, the Guest is entitled to withdraw from the agreement. The Guest also has the right to withdraw from the agreement if the terms and conditions are changed significantly to the detriment of the Guest. SkiStar shall then refund the full amount paid, less an amount for any portion of the Arrangement already received by the Guest. In order for the Guest to be entitled to withdraw from the agreement, the Guest shall inform SkiStar of this intention as soon as possible. Problems that arise during the Guest’s stay shall be reported without delay during the stay by the Guest so that SkiStar has an opportunity to rectify the situation. If the Guest did not report any defects or inadequacies to the relevant personnel on site and SkiStar therefore did not have the opportunity to rectify the situation, the Guest will not be entitled to a discount or compensation in accordance with customary practice and our booking terms. 7.2 Right to rectification, discount and compensation If the Arrangement is not provided in accordance with the agreement, SkiStar must rectify the defect within a reasonable time. However, SkiStar is not responsible for rectifying defects if it is impossible or if the cost of rectification would be disproportio- nate. If SkiStar fails to rectify the defect, the Guest may be entitled to a discount and compensation. The Guest is not entitled to a discount and/or com- pensation for defects during the stay (including, but not limited to, Service Disruptions) or cancellation of the trip by SkiStar, if SkiStar can prove that the trip could not have gone ahead or the defect was caused by impediments or circumstances beyond SkiStar’s control, which SkiStar could not reaso- nably have anticipated when entering into the agreement and the consequences of which SkiStar could not reasonably have avoided or overcome, such as temporary loss of IT services, TV signal, water or energy supply. Compensation for any claims for damage covered by the provisions of the Norwegian Maritime Act, the Air Traffic Act, the Railway Act or other trans- port laws will be limited to the amounts indicated in those laws at the time the damage occurred. It is the responsibility of the Guest to limit any damage as far as possible. 7.3 Specific provisions for the SkiPass In accordance with current trade regulations from Alpinogfjell (see link in paragraph 1), the Guest is entitled to a proportional price reduction in respect of SkiPass for Service disruptions only provided that: 1. the Service Disruption lasted for at least 30 minutes, and 2. the limited availability lasted for more than 1/3 of the period of validity of the SkiPass. There are no price reductions for day passes, half- day passes or hourly passes. Refunds for Service Disruptions shall correspond to 50% of that part of the validity period of the SkiPass that could not be used. In the event of Service disruptions that is beyond SkiStar’s control, the price reduction shall be 50% of the proportionate price reduction des- cribed above. This applies, for example, to Service disruptions due to weather and wind conditions, lack of snow, landslides, lightning strikes, floods, fire, power cuts, strikes, public law prohibitions or orders, epidemics/pandemics, etc. Regardless of the reason for the Service disruptions, any price reduc- tions are limited to 50% of the purchase price. For example, if the Guest was unable to cross one or more national borders (Sweden, Norway) and therefore could not use SkiStar All at SkiStar’s destinations abroad, the Guest cannot claim a price reduction or a refund of SkiStar All where such travel restrictions or other reasons are beyond SkiS- tar’s control. This is because SkiStar All can be used at all SkiStar’s destinations in the country where the Guest bought the pass. This point 7.3 does not apply to SkiStar All Year; see Section 8.5 instead. 7.4 Specific provisions for Activities Guests and Travelling Companions must comply with the safety rules issued by SkiStar on site for a particular Activity. The Guest who books the Activity for Travelling Companions is responsible for ensuring that they are also aware of and comply with those safety rules. Full information about the safety rules applying to each Activity is provided in the on-site information/signs and at xxxxx://xxx. xxxxxxx.xxx/xx/xxxxxxxxxxx/. 7.5 Specific provisions for the hire of Sports Equipment Guests are required to show ID when collecting hired Sports Equipment, and to pay in advance. During the rental period, the Guest is responsible for and care of the Sports Equipment in the best possible way. In the event of recklessness or neg- ligence the Guest is liable to pay for any damages incurred. Sports Equipment must be returned in a clean state. All Sports Equipment must be returned by the time stated in the Booking Confirmation. If Sports Equipment is not returned, the Guest will be charged the full sales value. Guests are liable for repaying the cost of stolen equipment (see separate terms and conditions when taking out Skier- and Activity Insurance). A medical certificate and ERV Skier- and Activity Insurance must be provided to obtain a refund for cancellation due to illness or injury during the hire period (not applicable to children under 6). 7.6 The Guest’s right to transfer the agreement The Guest has the right to replace himself with another person and SkiStar shall approve that person unless there are particular reasons not to do so. One such reason could be that the exchange of traveller must be approved by the transport company or another company used by SkiStar. The Guest must notify SkiStar of the exchange at least 5 days before Departure. If changes are made to bookings, SkiStar is entitled to charge a reasonable fee to cover costs and must also show how the cost has been calculated. If the agreement is transferred, the party transferring the agreement and the party acquiring it are jointly responsible to SkiStar for the outstanding payment for the Arrangement and for any extra costs incurred in connection with the transfer. 7.7 The Guest’s obligations, etc. In order to enter into an agreement with SkiStar in respect of lodging and/or insurance, the Guest shall be aged 18 or over. All members of the group staying in the accommodation must be aged 18 or over. Guests must satisfy the age requirement for entry to the accommodation. Identification will be checked. If the Guest does not satisfy the age requirement on entering the accommodation, the cancellation rules in paragraph 3 apply. The age limit does not apply to children accompanied by a guardian. When booking accommodation, a bed is obligatory for children over three years of age. Exceptions to the above rules may be made for organised groups and travel parties by agreement with SkiStar. Guests can log in to My Page at xxx.xxxxxxx.xxx or the SkiStar app to find current information on checking in and out. Guests/Subscribers and all Travelling Companions must comply with the rules of order, safety condi- tions, instructions and regulations communicated to the Guest/Subscriber regarding travel, accommo- dation and other products/services covered by the Arrangement/Subscription, as well as the general industry regulations communicated by Alpinogfjell’s general industry regulations, including the skiing rules (see link in paragraph 1). Instructions include, for example, instructions issued on site concerning open/closed slopes, opening times, special rules for night skiing and safety rules for skiing/cycling and each Activity. SkiStar is not liable for any damage that may be caused by Guests/Subscribers failing to follow these instructions, for example skiing out- side marked slopes or breaking the safety rules. SkiStar’s alpine range (including snowboarding, cycling etc.) and SkiStar’s range of other Activi- ties only cover the geographical area that SkiStar has calculated for the Activity. The alpine range includes, for example, only the bottom area, lifts and secured and groomed slopes. SkiStar has no responsibility for skiing/cycling etc. outside secured and groomed slopes, which is associated with a high risk of injury and is not recommended. Between 11 pm and 7 am, Guests and all Travelling Companions must show the greatest consideration and avoid disturbing other guests. Guests must also show respect for each other at all other times of day. Disturbances will be dealt with in consultation with the concierge. Guests will be fined for the disturbance regardless of the time of day. The fine is NOK 1 500-NOK 5 000 per disturbance, depen- ding on its nature and severity. This is assessed in consultation with the concierge. Hotels may have different codes of conduct and Guests will be notified of these when they check in. The Guest is fully responsible for any damage to the lodging and its furniture. If the no smoking or no pets rules are violated, a cleaning cost of at least NOK 6,000 will be charged. The Guest may not use the lodging for any purpose other than the one agreed upon at the time the booking was made. The Guest is also not permitted to allow more people to stay overnight in the lodging or put up a tent, caravan, bath tub, music system or similar on any plot belonging to the lodging. SkiStar lodging where it is not allowed to smoke or bring pets is not sanitised to cater for allergy suffe- rers. The price of lodging does not include cleaning, bed linens, towels, cots/high chairs, toilet paper, cleaning supplies, etc. unless otherwise stated in the Booking Confirmation. If departure cleaning has not been booked, the Guest shall clean the property before Departure in accordance with the cleaning instructions. If these rules are not observed, SkiStar will debit a fee of NOK 1,500 or more (depending on the size of the lodging). The Guest can book end-of-stay cleaning prior to Arrival. Booked or obligatory cleaning does not include basic clea- ning inside and out, washing dishes or emptying rubbish/removal of empty bottles. SkiStar is not responsible for items left behind. When staying in a cabin/apartment the Guest is re- sponsible for ensuring that snow is removed and/or slippery conditions in direct connection to the lod- ging are dealt with during the entire period of stay. The Guest may only charge electric vehicles at a designated charging point. SkiStar may charge the Guest NOK 5,000 for behaviour which may cause a fire risk. SkiStar is entitled to disconnect the Guest’s electricity cable if it is used to charge electric vehic- les outside the designated charging bays. All keys and/or key cards to the accommodation must be returned on departure. Failure to do so will result in a charge of at least NOK 2,000 for changing and/or recoding locks and NOK 200 for lost key cards. SkiStar has the right to cancel the agreement with immediate effect if the Guest or any person in the Guest’s party behaves in a disorderly manner and/ or causes damage to the lodging or the surroun- ding area, or if the lodging is used for a purpose other than those intended. If the agreement is cancelled under this provision, the Guest and those in his/her party shall immediately move out of the lodging and no refund will be paid for the lodging price. SkiStar is also entitled to levy the Guest a cost equivalent to the damage, but at least NOK 5,000. SkiStar reserves the right to be able to close the lodging and remove the Guest’s belongings in the event of immediate termination of the agreement. SkiStar will provide information about the appli- cable passports and visas for countries within the EEA. The Guest is, however, responsible for taking care of the necessary formalities for the trip. For more information see xxxxx://xxx.xxxxxxx.xxx/en/ myskistar/general-booking-information/passports- visas-toll/ or contact SkiStar by phone at 00 00 00 00.

Appears in 1 contract

Samples: General Booking Terms

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THE GUEST’S RIGHTS AND OBLIGATIONS ETC. 7.1 The Guest’s rights if the Arrangement is not fulfilled If the Arrangement cannot be provided according to the Booking Confirmation and these terms and conditions, and SkiStar is unable to offer the Guest equivalent alternative services, the Guest is entitled to withdraw from the agreement. The Guest also has the right to withdraw from the agreement if the terms and conditions are changed significantly to the detriment of the Guest. SkiStar shall then refund the full amount paid, less an amount for any portion of the Arrangement already received by the Guest. In order for the Guest to be entitled to withdraw from the agreement, the Guest shall inform SkiStar of this intention as soon as possible. Problems that arise during the Guest’s stay shall be reported without delay within a reasonable time during the stay by the Guest so that SkiStar has an opportunity to rectify the situation. If the Guest did not report any defects or inadequacies to the relevant personnel on site and SkiStar therefore did not have the opportunity to rectify the situation, the Guest will not be entitled to a discount or compensation in accordance with customary best practice rules and our booking terms. 7.2 Right to rectification, discount a deduction and compensation If the Arrangement is not provided in accordance with the agreement, SkiStar must rectify the defect within a reasonable time. However, SkiStar is not responsible for rectifying defects if it is impossible or if the cost of rectification would be disproportio- nate. If SkiStar fails to rectify the defect, the Guest may be entitled damages The right to a discount and compensation. The Guest is not entitled to a discount price reduction and/or com- pensation damages for defects deficiencies during the stay (including, including but not limited to, Service Disruptionsto disruptions) or for cancellation of the trip by SkiStar, SkiStar ceases to exist if SkiStar can prove that the trip Arrangement could not have gone ahead be provided or the defect was caused by impediments or deficiency arose due to circumstances beyond SkiStar’s control, which control that SkiStar could not reaso- nably reasonably have anticipated when entering into the agreement was entered into and the consequences of which SkiStar could not reasonably have avoided or overcome, such as temporary loss short disruption of IT services, TV signal, water or energy supply. Compensation for any Any claims for damage relating to damages covered by the provisions of the Norwegian Maritime Act, the Air Traffic Act, the Railway Act or other trans- port laws transport law will be limited to compensated no more than the amounts indicated in those the said laws at the time the damage occurred. It is the responsibility of the Guest to limit any damage as far as possible. 7.3 Specific provisions Especially relevant for the SkiPass In accordance with current trade regulations from Alpinogfjell SLAO (see link in paragraph 1), the Guest is entitled to a proportional price reduction in respect of SkiPass and/or damages for Service disruptions only provided that: 1. the Service Disruption lasted for at least 30 minutes, and 2. the limited availability lasted for more than 1/3 of the period of validity of the SkiPass, and 2. There are no price reductions for day passes, half- day passes or hourly passesthe limited availability covers more than 2/3 of the ski area under normal conditions. Refunds for Service Disruptions shall correspond to 50% of that part of the validity period of the SkiPass that could not be used. In the event of Service disruptions that is beyond SkiStar’s control, the price reduction shall be 50% of the proportionate price reduction des- cribed above. This applies, for example, to Service disruptions due to weather and wind conditions, lack of snow, landslides, lightning strikes, floods, fire, power cuts, strikes, public law prohibitions or orders, epidemics/pandemics, etc. Regardless of the reason for the Service disruptions, any price reduc- tions are limited to 50% of the purchase price. For example, if the Guest was unable to cross one or more national borders (Sweden, Norway) and therefore could not use SkiStar All at SkiStar’s destinations de- stinations abroad, the Guest cannot claim a price reduction re- duction or a refund of SkiStar All where such travel restrictions or other reasons are beyond SkiS- tarSkiStar’s control. This is because due to the fact that SkiStar All can be used at all SkiStar’s destinations in the country where the Guest bought the pass. This point 7.3 does not apply Alle vores SkiPass er personlige, bortset fra forældrepas, der xxxxx xxxxxx to SkiStar All Year; see Section 8.5 insteadpersoner. 7.4 Specific provisions Especially relevant for Activities Guests and Travelling Companions must comply with climbing park The Guest shall follow the safety rules issued conditions announced by SkiStar on site in the climbing park. It is the responsibility of the Guest booking such an activity for a particular Activity. The Guest who books several people to ensure that others in the Activity for Travelling Companions is responsible for ensuring that they are also aware company have taken advantage of and comply with those the above safety rulesconditions and that the Guest is permitted to provide the information required in order to complete the booking. Full information For more informa- tion about the safety rules applying to each Activity is provided conditions in the onclimbing parks, see xxxxx://xxx.xxxxxxx.xxx/en/myskistar/gene- ral-site booking-information/signs and at xxxxx://xxx. xxxxxxx.xxx/xx/xxxxxxxxxxx/.safety-conditions-clim- ber-park/. 7.5 Specific provisions Especially relevant for the hire rental of Sports Equipment Guests are required When renting Sports Equipment, the Guest is requi- red to show provide ID when collecting hired Sports EquipmentEquipme- nt, and to pay make a payment in advance. During the rental period, the Guest is responsible for and care of the Sports Equipment in the best possible way. In the event of recklessness or neg- ligence negligence the Guest is liable to pay for any damages incurred. Sports Equipment must shall be returned in a clean stateupon return. Equipment that has not been cleaned will be charged to the Guest. All Sports Equipment must shall be returned by no later than the time stated in the Booking ConfirmationConfirma- tion. If Sports Equipment is not returned, the Guest will be charged the full sales value. Guests are The Guest is liable for repaying compensation if the cost of equipment is stolen equipment (see separate terms and conditions when taking out Skier- and Activity Insurance). A For a refund in the event of cancellation during the current rental period due to illness or injury, a medical certificate and ERV Skier- and Activity Insurance must be provided to obtain a refund for cancellation due to illness or injury during the hire period (does not applicable to cover children under the age of 6). 7.6 The Guest’s right to transfer the agreement The Guest has the right to replace himself with another person and SkiStar shall approve that person unless there are particular reasons not to do so. One such reason could be be, for example, that the exchange of traveller must be approved by the transport company providing transportation or another company used by SkiStarSkiStar shall approve the passenger exchange. The Guest must notify SkiStar of shall provide information about the exchange at least 5 days before Departuredeparture. If changes are made to bookings, SkiStar is entitled to charge levy a reasonable fee to cover costs and must shall also be able to show how the cost has been calculated. If the agreement is transferred, the party transferring the agreement and the party acquiring it are jointly responsible to SkiStar for the outstanding payment for the Arrangement and for any extra costs incurred in connection with the transfer. 7.7 The Guest’s obligations, etc. In order to enter into an agreement with SkiStar in respect of lodging and/or insurance, the Guest shall be aged 18 or over. All members of the group staying in the accommodation must residential guests shall be aged 18 or overover to stay in the lodging. Guests must satisfy The age limit does NOT refer to children accompanied by a guar- dian. When booking lodging, a bed is mandatory for children over three years of age. Satisfying the age limit is a requirement for entry to gain access to the accommodationlodging. Identification will be checkedis required. If the Guest does not satisfy the age requirement on entering limit when accessing the accommodationlodging, the cancellation rules in paragraph 3 apply3apply. The age limit does not apply to children accompanied by In the case of organised groups and travel parties with a guardian. When booking accommodation, a bed is obligatory for children over three years of age. Exceptions to leader exceptions from the above rules may be made for organised groups and travel parties by agreement with SkiStar. Guests The Guest can log find current check-in to and check-out information by logging into My Page at xxx.xxxxxxx.xxx www.skistar. com or in the SkiStar app to find current information on checking in and outapp. Guests/Subscribers and all Travelling Companions must comply with Guests shall follow the rules code of order, safety condi- tionsconduct, instructions and regulations communicated to the Guest/Subscriber regarding provisions that apply for travel, accommo- dation lodging and other products/services covered that are encompassed by the Arrangement/Subscription, as well as Arrangement and shall also follow the general industry regulations communicated by Alpinogfjell’s general industry regulationsrules, including the skiing rules (see link in paragraph 1). Instructions include, for example, instructions issued on site concerning open/closed slopes, opening times, special rules for night skiing and safety rules for skiing/cycling and each Activity. SkiStar is not liable for any damage that may be caused by Guests/Subscribers failing to follow these instructions, for example skiing out- side marked slopes or breaking the safety rules. SkiStar’s alpine range (including snowboarding, cycling etc.) and SkiStar’s range of other Activi- ties only cover the geographical area that SkiStar has calculated for the Activity. The alpine range includes, for example, only the bottom area, lifts and secured and groomed slopes. SkiStar has no responsibility for skiing/cycling etc. outside secured and groomed slopes, which is associated with a high risk of injury and is not recommended. Between 11 pm and 7 am7:00, Guests and all Travelling Companions must the Guest shall show the greatest utmost consideration and avoid disturbing not disturb other guests. Guests must We also ask everyone to show mutual respect for each other their neighbours at all other times of daytimes. Disturbances There will be dealt with in consultation with the concierge. Guests will be fined a charge of at least NOK 1,500 for the any disturbance reported, regardless of the time of the day. The fine is NOK 1 500-NOK 5 000 per disturbance, depen- ding on its nature and severity. This is assessed in consultation with the concierge. Hotels may have different Deviating codes of conduct may apply to hotels, and Guests these will be notified of these when they check inat check-in at the hotel. The Guest is fully responsible for any damage to the lodging and its furniture. If the no smoking or no pets rules are violated, a cleaning cost of at least NOK 6,000 will be charged. The Guest may not use the lodging for any purpose other than the one agreed upon at the time the booking was made. The Guest is also not permitted to allow more people to stay overnight in the lodging or put up a tent, caravan, bath tub, music system or similar on any plot belonging to the lodging. SkiStar lodging where it is not allowed to smoke or bring pets is not sanitised to cater for allergy suffe- rers. The price of lodging does not include cleaning, bed linens, towels, cots/high chairs, toilet paper, cleaning supplies, etc. unless otherwise stated in the Booking Confirmation. If departure cleaning has not been booked, the Guest shall clean the property before Departure in accordance with the cleaning instructions. If these rules are not observed, SkiStar will debit a fee of NOK 1,500 or more (depending on the size of the lodging). The Guest can book end-of-stay cleaning prior to Arrival. Booked or obligatory cleaning does not include basic clea- ning inside and out, washing dishes or emptying rubbish/removal of empty bottles. SkiStar is not responsible for items left behind. When staying in a cabin/apartment the Guest is re- sponsible responsible for ensuring that snow is removed and/or and/ or slippery conditions in direct connection to the lod- ging lodging are dealt with during the entire period of stay. The Guest may only charge electric vehicles at a designated charging point. SkiStar may charge Violation can result in a fine, due to the Guest NOK 5,000 for behaviour which may cause a fire risk. SkiStar is entitled to disconnect the Guest’s electricity cable if it is used to charge electric vehic- les outside the designated charging baysrisk of fire. All keys and/or key cards to the accommodation must lodging shall be returned on departure. Failure to do so will result in a charge of at least NOK 2,000 for changing the locks and/or recoding locks and locks, as well as NOK 200 for lost key cards. SkiStar has the right to cancel the agreement with immediate effect if the Guest or any person in the Guest’s party behaves in a disorderly manner and/ or causes damage to the lodging or the surroun- ding area, or if the lodging is used for a purpose other than those intended. If the agreement is cancelled under this provision, the Guest and those in his/her party shall immediately move out of the lodging and no refund will be paid for the lodging price. SkiStar is also entitled to levy the Guest a cost equivalent to the damage, but at least NOK 5,000. SkiStar reserves the right to be able to close the lodging and remove the Guest’s belongings in the event of immediate termination of the agreement. SkiStar will provide information about the appli- cable passports and visas for countries within the EEA. The Guest is, however, responsible for taking care of the necessary formalities for the trip. For more information see xxxxx://xxx.xxxxxxx.xxx/en/ myskistar/general-booking-information/passports- visas-toll/ or contact SkiStar by phone at 00 0000 00 00 00. SkiStar gift vouchers may not be used in marketing or competitions.

Appears in 1 contract

Samples: General Booking Terms

THE GUEST’S RIGHTS AND OBLIGATIONS ETC. 7.1 The Guest’s rights if the Arrangement is not fulfilled If the Arrangement cannot be provided according to the Booking Confirmation and these terms and conditions, and SkiStar is unable to offer the Guest equivalent alternative services, the Guest is entitled to withdraw from the agreement. The Guest also has the right to withdraw from the agreement if the terms and conditions are changed significantly to the detriment of the Guest. SkiStar shall then refund the full amount paid, less an amount for any portion of the Arrangement already received by the Guest. In order for the Guest to be entitled to withdraw from the agreement, the Guest shall inform SkiStar of this intention as soon as possible. Problems that arise during the Guest’s stay shall be reported without delay during the stay by the Guest so that SkiStar has an opportunity to rectify the situation. If the Guest did not report any defects or inadequacies to the relevant personnel on site and SkiStar therefore did not have the opportunity to rectify the situation, the Guest will not be entitled to a discount or compensation in accordance with customary practice and our booking terms. 7.2 Right to rectification, discount and compensation If the Arrangement is not provided in accordance with the agreement, SkiStar must rectify the defect within a reasonable time. However, SkiStar is not responsible for rectifying defects if it is impossible or if the cost of rectification would be disproportio- nate. If SkiStar fails to rectify the defect, the Guest may be entitled to a discount and compensation. The Guest is not entitled to a discount and/or com- pensation for defects during the stay (including, but not limited to, Service Disruptions) or cancellation of the trip by SkiStar, if SkiStar can prove that the trip could not have gone ahead or the defect was caused by impediments or circumstances beyond SkiStar’s control, which SkiStar could not reaso- nably have anticipated when entering into the agreement and the consequences of which SkiStar could not reasonably have avoided or overcome, such as temporary loss of IT services, TV signal, water or energy supply. Compensation for any claims for damage covered by the provisions of the Norwegian Maritime Act, the Air Traffic Act, the Railway Act or other trans- port laws will be limited to the amounts indicated in those laws at the time the damage occurred. It is the responsibility of the Guest to limit any damage as far as possible. 7.3 Specific provisions for the SkiPass In accordance with current trade regulations from Alpinogfjell (see link in paragraph 1), the Guest is entitled to a proportional price reduction in respect of SkiPass for Service disruptions only provided that: 1. the Service Disruption lasted for at least 30 minutes, and 2. the limited availability lasted for more than 1/3 of the period of validity of the SkiPass. There are no price reductions for day passes, half- day passes or hourly passes. Refunds for Service Disruptions shall correspond to 50% of that part of the validity period of the SkiPass that could not be used. In the event of Service disruptions that is beyond SkiStar’s control, the price reduction shall be 50% of the proportionate price reduction des- cribed above. This applies, for example, to Service disruptions due to weather and wind conditions, lack of snow, landslides, lightning strikes, floods, fire, power cuts, strikes, public law prohibitions or orders, epidemics/pandemics, etc. Regardless of the reason for the Service disruptions, any price reduc- tions are limited to 50% of the purchase price. For example, if the Guest was unable to cross one or more national borders (Sweden, Norway) and therefore could not use SkiStar All at SkiStar’s destinations abroad, the Guest cannot claim a price reduction or a refund of SkiStar All where such travel restrictions or other reasons are beyond SkiS- tar’s control. This is because SkiStar All can be used at all SkiStar’s destinations in the country where the Guest bought the pass. This point 7.3 does not apply to SkiStar All Year; see Section 8.5 instead. 7.4 Specific provisions for Activities Guests and Travelling Companions must comply with the safety rules issued by SkiStar on site for a particular Activity. The Guest who books the Activity for Travelling Companions is responsible for ensuring that they are also aware of and comply with those safety rules. Full information about the safety rules applying to each Activity is provided in the on-site information/signs and at xxxxx://xxx. xxxxxxx.xxx/xx/xxxxxxxxxxx/. 7.5 Specific provisions for the hire of Sports Equipment Guests are required to show ID when collecting hired Sports Equipment, and to pay in advance. During the rental period, the Guest is responsible for and care of the Sports Equipment in the best possible way. In the event of recklessness or neg- ligence the Guest is liable to pay for any damages incurred. Sports Equipment must be returned in a clean state. All Sports Equipment must be returned by the time stated in the Booking Confirmation. If Sports Equipment is not returned, the Guest will be charged the full sales value. Guests are liable for repaying the cost of stolen equipment (see separate terms and conditions when taking out Skier- and Activity activity Insurance). A medical certificate and ERV Skier- and Activity activity Insurance must be provided to obtain a refund for cancellation due to illness or injury during the hire period (not applicable to children under 6). 7.6 The Guest’s right to transfer the agreement The Guest has the right to replace himself with another person and SkiStar shall approve that person unless there are particular reasons not to do so. One such reason could be that the exchange of traveller must be approved by the transport company or another company used by SkiStar. The Guest must notify SkiStar of the exchange at least 5 days before Departure. If changes are made to bookings, SkiStar is entitled to charge a reasonable fee to cover costs and must also show how the cost has been calculated. If the agreement is transferred, the party transferring the agreement and the party acquiring it are jointly responsible to SkiStar for the outstanding payment for the Arrangement and for any extra costs incurred in connection with the transfer. 7.7 The Guest’s obligations, etc. In order to enter into an agreement with SkiStar in respect of lodging and/or insurance, the Guest shall be aged 18 or over. All members of the group staying in the accommodation must be aged 18 or over. Guests must satisfy the age requirement for entry to the accommodation. Identification will be checked. If the Guest does not satisfy the age requirement on entering the accommodation, the cancellation rules in paragraph 3 apply3apply. The age limit does not apply to children accompanied by a guardian. When booking accommodation, a bed is obligatory for children over three years of age. Exceptions to the above rules may be made for organised groups and travel parties by agreement with SkiStar. Guests can log in to My Page at xxx.xxxxxxx.xxx or the SkiStar app to find current information on checking in and out. SkiStar’s alpine range (including snowboarding, cycling etc.) and SkiStar’s range of other Activities only cover the geographical area that SkiStar has calculated for the activity. The alpine range includes, for example, only the bottom area, lifts and secured and groomed slopes. SkiStar has no responsibility for skiing/cycling etc. outside secured and groomed slopes, which is associated with a high risk of injury and is not recommended. Guests/Subscribers and all Travelling Companions must comply with the rules of order, safety condi- tions, instructions and regulations communicated to the Guest/Subscriber regarding travel, accommo- dation and other products/services covered by the Arrangement/Subscription, as well as the general industry regulations communicated by Alpinogfjell’s general industry regulations, including the skiing rules (see link in paragraph 1). Instructions include, for example, instructions issued on site concerning open/closed slopes, opening times, special rules for night skiing and safety rules for skiing/cycling and each Activity. SkiStar is not liable for any damage that may be caused by Guests/Subscribers failing to follow these instructions, for example skiing out- side marked slopes or breaking the safety rules. SkiStar’s alpine range (including snowboarding, cycling etc.) and SkiStar’s range of other Activi- ties only cover the geographical area that SkiStar has calculated for the Activity. The alpine range includes, for example, only the bottom area, lifts and secured and groomed slopes. SkiStar has no responsibility for skiing/cycling etc. outside secured and groomed slopes, which is associated with a high risk of injury and is not recommended. Between 11 pm and 7 am, Guests and all Travelling Companions must show the greatest consideration and avoid disturbing other guests. Guests must also show respect for each other at all other times of day. Disturbances will be dealt with in consultation with the concierge. Guests will be fined for the disturbance regardless of the time of day. The fine is NOK 1 500-NOK 5 000 per disturbance, depen- ding on its nature and severity. This is assessed in consultation with the concierge. Hotels may have different codes of conduct and Guests will be notified of these when they check in. The Guest is fully responsible for any damage to the lodging and its furniture. If the no smoking or no pets rules are violated, a cleaning cost of at least NOK 6,000 will be charged. The Guest may not use the lodging for any purpose other than the one agreed upon at the time the booking was made. The Guest is also not permitted to allow more people to stay overnight in the lodging or put up a tent, caravan, bath tub, music system or similar on any plot belonging to the lodging. SkiStar lodging where it is not allowed to smoke or bring pets is not sanitised to cater for allergy suffe- rers. The price of lodging does not include cleaning, bed linens, towels, cots/high chairs, toilet paper, cleaning supplies, etc. unless otherwise stated in the Booking Confirmation. If departure cleaning has not been booked, the Guest shall clean the property before Departure in accordance with the cleaning instructions. If these rules are not observed, SkiStar will debit a fee of NOK 1,500 or more (depending on the size of the lodging). The Guest can book end-of-stay cleaning prior to Arrival. Booked or obligatory cleaning does not include basic clea- ning inside and out, washing dishes or emptying rubbish/removal of empty bottles. SkiStar is not responsible for items left behind. When staying in a cabin/apartment the Guest is re- sponsible for ensuring that snow is removed and/or slippery conditions in direct connection to the lod- ging are dealt with during the entire period of stay. The Guest may only charge electric vehicles at a designated charging point. SkiStar may charge the Guest NOK 5,000 for behaviour which may cause a fire risk. SkiStar is entitled to disconnect the Guest’s electricity cable if it is used to charge electric vehic- les outside the designated charging bays. All keys and/or key cards to the accommodation must be returned on departure. Failure to do so will result in a charge of at least NOK 2,000 for changing and/or recoding locks and NOK 200 for lost key cards. SkiStar has the right to cancel the agreement with immediate effect if the Guest or any person in the Guest’s party behaves in a disorderly manner and/ or causes damage to the lodging or the surroun- ding area, or if the lodging is used for a purpose other than those intended. If the agreement is cancelled under this provision, the Guest and those in his/her party shall immediately move out of the lodging and no refund will be paid for the lodging price. SkiStar is also entitled to levy the Guest a cost equivalent to the damage, but at least NOK 5,000. SkiStar reserves the right to be able to close the lodging and remove the Guest’s belongings in the event of immediate termination of the agreement. SkiStar will provide information about the appli- cable passports and visas for countries within the EEA. The Guest is, however, responsible for taking care of the necessary formalities for the trip. For more information see xxxxx://xxx.xxxxxxx.xxx/en/ myskistar/general-booking-information/passports- visas-toll/ or contact SkiStar by phone at 00 00 00 00.

Appears in 1 contract

Samples: General Booking Terms

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THE GUEST’S RIGHTS AND OBLIGATIONS ETC. 7.1 The Guest’s rights if the Arrangement is not fulfilled If the Arrangement cannot be provided according to the Booking Confirmation and these terms and conditions, and SkiStar is unable to offer the Guest equivalent alternative services, the Guest is entitled to withdraw from the agreement. The Guest also has the right to withdraw from the agreement if the terms and conditions are changed significantly to the detriment of the Guest. SkiStar shall then refund the full amount paid, less an amount for any portion of the Arrangement already received by the Guest. In order for the Guest to be entitled to withdraw from the agreement, the Guest shall inform SkiStar of this intention as soon as possible. Problems that arise during the Guest’s stay shall be reported without delay within a reasonable time during the stay by the Guest so that SkiStar has an opportunity to rectify the situation. If the Guest did not report any defects or inadequacies to the relevant personnel on site and SkiStar therefore did not have the opportunity to rectify the situation, the Guest will not be entitled to a discount or compensation in accordance with customary practice and our booking terms. 7.2 Right to rectification, discount and compensation If the Arrangement is not provided in accordance with the agreement, SkiStar must rectify the defect within a reasonable time. However, SkiStar is not responsible for rectifying defects if it is impossible or if the cost of rectification would be disproportio- nate. If SkiStar fails to rectify the defect, the Guest may be entitled to a discount and compensation. The Guest is not entitled to a discount and/or com- pensation for defects during the stay (including, but not limited to, Service Disruptions) or cancellation of the trip by SkiStar, if SkiStar can prove that the trip could not have gone ahead or the defect was caused by impediments or circumstances beyond SkiStar’s control, which SkiStar could not reaso- nably have anticipated when entering into the agreement and the consequences of which SkiStar could not reasonably have avoided or overcome, such as temporary loss of IT services, TV signal, water or energy supply. Compensation for any claims for damage covered by the provisions of the Norwegian Maritime Act, the Air Traffic Act, the Railway Act or other trans- port laws will be limited to the amounts indicated in those laws at the time the damage occurred. It is the responsibility of the Guest to limit any damage as far as possible. 7.3 Specific provisions for the SkiPass In accordance with current trade regulations from Alpinogfjell SLAO (see link in paragraph 1), the Guest is entitled to a proportional price reduction in respect of SkiPass and/or damages for Service disruptions only provided that: 1. the Service Disruption lasted for at least 30 minutes, and 2. the limited availability lasted for more than 1/3 of the period of validity of the SkiPass, and 2. There are no price reductions for day passes, half- day passes or hourly passesthe limited availability covers more than 2/3 of the ski area under normal conditions. Refunds for Service Disruptions shall correspond to 50% of that part of the validity period of the SkiPass that could not be used. In the event of Service disruptions that is beyond SkiStar’s control, the price reduction shall be 50% of the proportionate price reduction des- cribed above. This applies, for example, to Service disruptions due to weather and wind conditions, lack of snow, landslides, lightning strikes, floods, fire, power cuts, strikes, public law prohibitions or orders, epidemics/pandemics, etc. Regardless of the reason for the Service disruptions, any price reduc- tions are limited to 50% of the purchase price. For example, if the Guest was unable to cross one or more national borders (Sweden, Norway) and therefore could not use SkiStar All at SkiStar’s destinations abroad, the Guest cannot claim a price reduction or a refund of SkiStar All where such travel restrictions or other reasons are beyond SkiS- tar’s control. This is because SkiStar All can be used at all SkiStar’s destinations in the country where the Guest bought the pass. This point 7.3 does not apply to SkiStar All Year; see Section 8.5 instead. 7.4 Specific provisions for Activities Guests and Travelling Companions must comply with the safety rules issued by SkiStar on site for a particular Activity. The Guest who books the Activity for Travelling Companions is responsible for ensuring that they are also aware of and comply with those safety rules. Full information about the safety rules applying to each Activity is provided in the on-site information/signs and at xxxxx://xxx. xxxxxxx.xxx/xx/xxxxxxxxxxx/. 7.5 Specific provisions for the hire of Sports Equipment Guests are required to show ID when collecting hired Sports Equipment, and to pay in advance. During the rental period, the Guest is responsible for and care of the Sports Equipment in the best possible way. In the event of recklessness or neg- ligence the Guest is liable to pay for any damages incurred. Sports Equipment must be returned in a clean state. All Sports Equipment must be returned by the time stated in the Booking Confirmation. If Sports Equipment is not returned, the Guest will be charged the full sales value. Guests are liable for repaying the cost of stolen equipment (see separate terms and conditions when taking out Skier- and Activity activity Insurance). A medical certificate and ERV Skier- and Activity activity Insurance must be provided to obtain a refund for cancellation due to illness or injury during the hire period (not applicable to children under 6). 7.6 The Guest’s right to transfer the agreement The Guest has the right to replace himself with another person and SkiStar shall approve that person unless there are particular reasons not to do so. One such reason could be that the exchange of traveller must be approved by the transport company or another company used by SkiStar. The Guest must notify SkiStar of the exchange at least 5 days before Departure. If changes are made to bookings, SkiStar is entitled to charge a reasonable fee to cover costs and must also show how the cost has been calculated. If the agreement is transferred, the party transferring the agreement and the party acquiring it are jointly responsible to SkiStar for the outstanding payment for the Arrangement and for any extra costs incurred in connection with the transfer. 7.7 The Guest’s obligations, etc. In order to enter into an agreement with SkiStar in respect of lodging and/or insurance, the Guest shall be aged 18 or over. All members of the group staying in the accommodation must be aged 18 or over. Guests must satisfy the age requirement for entry to the accommodation. Identification will be checked. If the Guest does not satisfy the age requirement on entering the accommodation, the cancellation rules in paragraph 3 apply3apply. The age limit does not apply to children accompanied by a guardian. When booking accommodation, a bed is obligatory for children over three years of age. Exceptions to the above rules may be made for organised groups and travel parties by agreement with SkiStar. Guests can log in to My Page at xxx.xxxxxxx.xxx or the SkiStar app to find current information on checking in and out. Guests/Subscribers Guests and all Travelling Companions must comply with follow the rules code of orderconduct, safety condi- tionsrules, instructions and regulations communicated provisions issued to the Guest/Subscriber regarding them for travel, accommo- dation and other products/services covered by included in the Arrangement/Subscription, as well as Arrangement and must also follow the general industry regulations communicated by AlpinogfjellALF’s general industry regulations, including the skiing rules (see link in paragraph 1). Instructions include, for example, instructions issued on site concerning open/closed slopes, opening times, special rules for night skiing and safety rules for skiing/cycling and each Activity. SkiStar SkiS- tar is not liable for any damage that may be caused by Guests/Subscribers Guests failing to follow these instructions, for example skiing out- side outside marked slopes or breaking the safety rules. SkiStar’s alpine range (including snowboarding, cycling etc.) and SkiStar’s range of other Activi- ties only cover the geographical area that SkiStar has calculated for the Activity. The alpine range includes, for example, only the bottom area, lifts and secured and groomed slopes. SkiStar has no responsibility for skiing/cycling etc. outside secured and groomed slopes, which is associated with a high risk of injury and is not recommended. Between 11 pm and 7 am, Guests and all Travelling Companions must show the greatest consideration and avoid disturbing other guests. Guests must also show respect for each other at all other times of day. Disturbances will be dealt with in consultation with the concierge. Guests will be fined for the disturbance regardless of the time of day. The fine is NOK SEK 1 500-NOK SEK 5 000 per disturbance, depen- ding on its nature and severity. This is assessed in consultation with the concierge. Hotels may have different codes of conduct and Guests will be notified of these when they check in. The Guest is fully responsible for any damage to the lodging and its furniture. If the no smoking or no pets rules are violated, a cleaning cost of at least NOK 6,000 will be charged. The Guest may not use the lodging for any purpose other than the one agreed upon at the time the booking was made. The Guest is also not permitted to allow more people to stay overnight in the lodging or put up a tent, caravan, bath tub, music system or similar on any plot belonging to the lodging. SkiStar lodging where it is not allowed to smoke or bring pets is not sanitised to cater for allergy suffe- rers. The price of lodging does not include cleaning, bed linens, towels, cots/high chairs, toilet paper, cleaning supplies, etc. unless otherwise stated in the Booking Confirmation. If departure cleaning has not been booked, the Guest shall clean the property before Departure in accordance with the cleaning instructions. If these rules are not observed, SkiStar will debit a fee of NOK 1,500 or more (depending on the size of the lodging). The Guest can book end-of-stay cleaning prior to Arrival. Booked or obligatory cleaning does not include basic clea- ning inside and out, washing dishes or emptying rubbish/removal of empty bottles. SkiStar is not responsible for items left behind. When staying in a cabin/apartment the Guest is re- sponsible for ensuring that snow is removed and/or slippery conditions in direct connection to the lod- ging are dealt with during the entire period of stay. The Guest may only charge electric vehicles at a designated charging point. SkiStar may charge the Guest NOK 5,000 SEK 5 000 for behaviour which may cause a fire risk. SkiStar is entitled to disconnect the Guest’s electricity cable if it is used to charge electric vehic- les outside the designated charging bays. All keys and/or key cards to the accommodation must be returned on departure. Failure to do so will result in a charge of at least NOK 2,000 for changing and/or recoding locks and NOK 200 for lost key cards. SkiStar has the right to cancel the agreement with immediate effect if the Guest or any person in the Guest’s party behaves in a disorderly manner and/ or causes damage to the lodging or the surroun- ding area, or if the lodging is used for a purpose other than those intended. If the agreement is cancelled under this provision, the Guest and those in his/her party shall immediately move out of the lodging and no refund will be paid for the lodging price. SkiStar is also entitled to levy the Guest a cost equivalent to the damage, but at least NOK 5,000. SkiStar reserves the right to be able to close the lodging and remove the Guest’s belongings in the event of immediate termination of the agreement. SkiStar will provide information about the appli- cable passports and visas for countries within the EEA. The Guest is, however, responsible for taking care of the necessary formalities for the trip. For more information see xxxxx://xxx.xxxxxxx.xxx/en/ myskistar/general-booking-information/passports- visas-toll/ or contact SkiStar by phone at 00 0000 00 00 00. SkiStar’s gift vouchers may not be used for marke- ting or competitions.

Appears in 1 contract

Samples: General Booking Terms

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