General terms and conditions

These documents describe the terms and conditions applicable to participation in Seil Senja’s activities, and for purchases in our webshop.

By checking the box “I accept the Terms and Conditions” when you book a sailing activity, or purchase something from our webshop, you give your acceptance to all its content.

You can read through the documents here:

Printable PDF-document.

1. General

This document describes the terms and conditions applicable to participation in all of Seil Senja’s activities. By checking the box “I accept the Terms and Conditions” you confirm that you have read this document and that you agree to all its content. Therefore, take your time to read it through.

2. Booking

Booking of Seil Senja’s activities must be made electronically, either via our website, by e-mail to booking@seilsenja.no, or by text message to phone number 0047 977 40 383. All bookings are binding and you are advised that the right to cancel according to the Cancellation Act does not apply to reservation services. Delayed payment of the deposit and/or balance is considered a material breach and gives Seil Senja the right to cancel the order. Our claim for payment will not be waived by any such cancellation and will if necessary be collected in accordance with the terms described in this document.

3. Deposit (20%)

Shortly after you have finished your booking, you will receive an invoice for payment of the deposit. This amount is 20% of the total cost of the sailing activity that you have booked. When the invoice is paid, your sailing activity reservation is completed. Immediate payment is therefore recommended by us.

4. Remaining amount (80%)

When you receive the invoice for the deposit, you will also receive an invoice for the remaining amount (80%). The payment deadline for this invoice is due 14 days prior to the arrival date unless otherwise agreed. Upon drop-in and bookings close to the arrival date, participants can pay by card or cash (NOK, SEK, EUR, USD) upon attendance.

5. Communication

Information from Seil Senja is sent by e-mail to your registered e-mail address. You are responsible for verifying that confirmations and information sent to your e-mail correspond to your booking. Immediately after booking you will receive an e-mail from us. If this does not happen, contact us on 0047 977 40 383. As a participant, make sure that you are reading your incoming e-mails on a regular basis. This is even more important if any information is provided closer to the date of the activity. You will be notified if any confirmations from you regarding important information are required.

6. Changes in booking, cancellation and no-show

6.1. Change of type of sailing activity and/or time for the activity

You can change your booking free of charge to a different type of sailing activity and/or time of the activity up to 14 days prior to arrival date. Any changes must be made as early as possible by sending an email to booking@seilsenja.no. If you wish to make changes when there are less than 14 days left for attendance, a fee corresponding to the amount of the deposit will be added, this means 20 per cent of the total cost of the sailing activity. However, Seil Senja can make exceptions to this fee if there are participants on the waiting list for the activity that you have booked.

6.2. Cancellation

If cancellation is necessary due to illness (see also the section on travel insurance) or any other foreseen or unforeseen circumstances, the following conditions will apply:

6.2.1. Cancellation more than 30 days prior to arrival date

You can cancel your booking free of charge when it is 30 days or more before the arrival date. This must be done by written notification, either by sending an email to booking@seilsenja.no or a text message to +47 977 40 383.

6.2.2. Cancellation less than 30 days prior to arrival date, but more than 14 days

80 percent of the total cost (if already paid) for the sailing activity that you have booked will be refunded. This means the cancellation fee is 20 percent of the total cost, or the same amount as for the deposit.

6.2.3. Cancellation less than 14 days prior to arrival date

Your booking will be considered binding and you will have no refund. Nevertheless, Seil Senja can make exceptions to this decision when there are people on the waiting list for the activity that you have booked.

6.3. In case of no-show

If you do not show up for the sailing activity that you have booked, the same conditions as for cancellations less than 14 days will apply (see “Cancellation less than 14 days”).

7. Cancellation of a sailing activity

Unfortunately, some conditions can lead to cancellation of a planned sailing activity. In these cases, participants will have the opportunity to choose a new time for the activity they have booked. If it is not possible to find a new date, you will get a full refund of the original sailing activity.

Seil Senja is not responsible for any expenses that participants may have prior to the cancellation of an activity, such as airline tickets, hotel rooms, equipment or other expenses (see also the travel insurance section below).

As early as possible, Seil Senja is obligated to tell if the activity will be cancelled due to one or more of the following conditions:

7.1. Weather conditions

Naturally, sailing depends on some wind. However, too much wind is not recommended for safety reasons. When the weather forecast reports demanding conditions, a sailing activity may be cancelled. The heading “I hear there will be a soft breeze – does it mean a slow sailing trip” link “questions and answers”, will give you various descriptions of wind forces.

7.2. Required number of participants

Some sailing activities require at least two registered participants to be completed. According to this requirement, Seil Senja may have to cancel an activity if only one participant is registered. However, if we do not have the number of participants required, we are usually able to make the journey at an additional cost.

7.3. Damage of the boat or the equipment on board

Seil Senja may have to cancel a sailing activity when damage has occurred on a sailboat or the equipment needed to carry out a sailing activity in an appropriate, safe and secure way.

7.4. Disease

If our skipper is unable to carry out a sailing activity due to illness, and Seil Senja fails to find a substitute, an activity can be cancelled.

8. Changes to the original program

Activities at sea are more prone to changing weather conditions and other unforeseen circumstances than land-based activities. This means that flexibility is required from both participants and Seil Senja as the organizer. Therefore, our sailing activities may sometimes differ slightly from descriptions given on our websites and marketing material. Whenever possible, such changes will be announced prior to attendance. If changes to the original program occur along the way, we will do our best to ensure that the sailing activitity will be as close to the original activity as possible.
Seil Senja as the organizer will do whatever we can to solve any problems that may arise before and during a sailing activity. Where external circumstances (“force majeure”) make it impossible to carry out the original program, this does not normally result in a reduction in the price of the activity.

9. Complaints

If you think something is wrong or is missing in a sailing activity, you must report this to the skipper immediately after you realize it. If you think your opinion is not taken into consideration, and you want to make a complaint on your sailing activity when you return home, this must be done within two weeks of completing the activity. Such a complaint must be sent by written notification (e-mail) to post@seilsenja.no. If a disagreement arises from different interpretation of terms and conditions, the matter may be presented to a dispute resolution board. Any lawsuit must be regulated by Norwegian law.

When it comes to descriptions of activities and prices, Seil Senja makes reservations to misprints on our website and marketing material.

10. Health and safety

Although sailing is suitable for most people, there are some physical and mental health requirements. If, for various reasons, you are unsure whether sailing is for you, you are obligated to inform Sail Senja in advance of the activity. This will give the skipper an opportunity to get into a dialogue with you regarding the possibilites that exist for you to join the activity.

You are advised that participation in sailing activities may cause discomfort, dangers, accidents or, in the worst case, death. This danger is far more prominent at sea than in land-based activities. In all of Seil Senja’s activities, there will be insurance coverage for you as a participant in case of personal injury or death. If you as a participant are in need of this insurance, there will be a fee of NOK 5,000. If you are experiencing any kind of discomfort such as fear, seasickness or the like, the responsibility cannot be claimed against the skipper or Seil Senja as the organizer.

Some people become more easily seasick than others. If you are one of those who know that this can be a problem, it is possible to take a travel sickness tablet 1-2 hours before the sailing activity. You are advised that travel sickness tablets may also cause discomfort such as drowsiness, which is a common side effect of such medications. Therefore, taking these tablets may not be the best solution for you. As a participant, you are fully responsible for making such an assessment.

As a participant, you are always obligated to follow the skipper’s instructions. If you show any behavior on board that signalize you are not following instructions given, or if, through your behavior, you put yourself and/or others at risk, this can cause the skipper to cancel or interrupt the sailing activity. In such cases, the payment will not be refunded.

The safety of the participants will always be the focus of attention to our skippers. If any unexpected situation arises because of weather conditions, illness, damage of the boat or participants or the like, and the skipper finds it necessary to make changes during the sailing activity due to safety reasons, you are obligated to follow the changed activity.

11. Be prepared

You are responsible for bringing clothes and food for the sailing activity you have booked. Package list can be found here (link to package list). Feel free to contact Seil Senja if you are missing something on the list. If we have the equipment available you can usually borrow this from us.

12. Drugs

No drugs or alcohol is allowed during Seil Senja’s sailing activities. On suspicion that one or more of the participants are under the influence of alcohol or other intoxicants, they will be denied access to the sailboat. In such cases, the payment will not be refunded.

13. Use of facilities on board

As a participant in a sailing activity, you are only allowed to stay out and back in the boat (cockpit) when the boat is at sea. Exceptions to this can be made by the skipper if you should suffer from severe travel sickness, or if you are experiencing any other kind of discomfort and need to rest, or if you are cold and need to warm up in the cabin. Under good weather conditions, the skipper may permit a stay on deck at the front of the boat.
Unless otherwise agreed in advance, you are responsible for bringing your own food and drinks for the sailing activity you will participate in. For sailing activities that last for 4 hours or less, intake of a meal within one hour before attendance usually will be enough.

14. Vandalism and reckless behavior

Participants are not financially responsible for any accidents with the boat along the way, such as a grounding. It is always the skipper’s responsibility to ensure that the participants and the boat do not get into dangerous situations. However, if your ignorance of the skipper’s instructions or obvious reckless behaviour should lead to damage of the boat or other participants on board, you may be held responsible for any consequential financial loss.

15. Age

Participants at Seil Senja’s sailing activities must be at age 14 years or older. However, Seil Senja can make exceptions for younger people to join. Each participant under the age of 18 must be accompanied by an adult.

16. Photos and video recordings

Usually, a lot of movie recordings and photos will be taken on board the sailboat. These photos and movies are easily shared between participants, and they may also appear on social media and websites. As a participant you may also be mentioned by your first name in these publications. If you rather would not have your picture or your name written in such publications, you are obligated to inform the skipper upon attendance.

Introduction

This purchase is regulated by the Standard Sales Conditions for Consumer Purchases of Goods over the Internet, given below. Consumer purchases via the Internet are regulated primarily by the Contracts Act, the Consumer Purchases Act, the Marketing Control Act, the Cancellation Act and the E-Commerce Act, and these laws provide consumers with man- datory rights. These laws are available (in Norwegian) at www.lovdata.no. The terms of the contract are not to be understood as a limitation on legal rights, but present the parties’ most important rights and duties in regard to the purchase.

The Sales Conditions have been created and are recommended by the Norwegian Consumer Authority. For a better understanding of these Sales Conditions, see the Consumer Authority’s guidelines.

1 Contract

The contract consists of these Sales Conditions, information given in the ordering solution, and any specially agreed conditions. In the event of a conflict between pieces of information, precedence goes to what has been specially agreed between the parties, as long as this does not conflict with mandatory legislation.

In addition, the contract will be complemented by relevant statutory provisions that regulate the pur- chase of goods between traders and consumers.

2 Parties

The seller is Seil Senja/Øystein A. Østgård – Seilkompetanse, Hamnveien 1145, 9385 Skaland, post@seilsenja.no, Telephone number 0047 977 40 383, VAT registration number: 988168033, and is designated in the following as the Seller.

The purchaser is the consumer who places the order, and is designated in the following as the Purchaser.

3 Price

The stated price for the good and services is the total price to be paid by the Purchaser. This price includes all taxes and additional costs. The Purchaser shall not be charged for any further costs of which the Seller has not informed the Purchaser before the purchase.

4 Conclusion of contract

The contract is binding for both parties as soon as the Purchaser has sent the order to the Seller.

However, a party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution of the online shop or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.

5 Payment

The Seller may charge the Purchaser for the good from the time it is sent from the Seller to the Purchaser.

If the Purchaser uses a credit or debit card to make the payment, the Seller may hold the funds on the card when the order is placed. The card will be charged on the same day the good is sent.

If the Seller offers post-delivery invoicing, the invoice shall be issued when the good is dispatched. The due date shall be written on the invoice and must be a minimum of 14 days from when the Purchaser receives the delivery.

Purchasers under the age of 18 may not pay via post-delivery invoicing.

6 Delivery

Delivery has occurred once the Purchaser or his/ her representative has taken possession of the item.

If the delivery time is not stated in the ordering solution, the Seller shall deliver the good to the Purchaser within a reasonable time frame and no later than 30 days after the order is placed by the customer. The good shall be delivered to the Purchaser unless other, special arrangements are made between the parties.

7 Product risk

Product risk is assumed by the Purchaser as soon as the item is taken over by the Purchaser or his/ her representative in accordance with Section 6.

8 Right to cancel

Unless the contract is exempt from the right to cancel, the Purchaser may cancel the order in accordance with the Cancellation Act.

The Purchaser must inform the Seller that he/she will exercise this right within 14 days after the start of the cancellation period. This time limit includes all calendar days. If the period ends on a Saturday, Sunday or public holiday, the period will be extended until the next business day.

The deadline to exercise one’s right to cancel will be seen as met if notice is sent before the end of the cancellation period. The Purchaser has the burden of proof for demonstrating that the right has been asserted, and notice must therefore be submitted in writing (via the cancellation form, email or letter).

The cancellation period begins as follows:

  • In the purchase of individual goods, the cancellation period will begin on the day after the good is/goods are.
  • If a subscription is being sold, or the contract contains the regular delivery of identical goods, the period begins on the day after the first shipment is received.
  • If the purchase consists of several deliveries, the period will begin on the day after the final delivery is.

The cancellation period will be extended to 12 months after the end of the original period should the Seller not inform the Purchaser of the right to cancel and the standard cancellation form before the conclusion of the contract. This will also apply if information on terms and conditions, time limits and procedures for exercising the right to cancel is insufficient. However, if the trader gives this infor- mation during these 12 months, the cancellation pe- riod ends 14 days after the day the Purchaser re- ceived the information.

When the right to cancel is exercised, the good must be returned to the Seller within a reasonable amount of time and no later than 14 days after no- tice has been given on the intention to exercise the right. The Purchaser must cover the direct costs associated with returning the good, unless otherwise agreed or the Seller has not informed the Purchaser that he/she has to cover the return costs. The Seller may not set fees for the Purchaser’s use of the right to cancel.

The Purchaser may check or test the good in an appropriate manner in order to determine the nature, properties and function of the good without affecting the right to cancel. If the checking or testing goes beyond what is reasonable and ne- cessary, the Purchaser may be responsible for any reduction in the good’s original value.

The Seller is obligated to pay back the purchase sum to the Purchaser without undue delay, and no later than 14 days after the Seller received notice on the Purchaser’s decision to exercise the right to cancel. The Seller has the right to retain the repay- ment until it has received the goods from the Pur- chaser, or until the Purchaser has documented that the goods have been sent back.

9 Delays and non-delivery: the Purchaser’s rights and time limit to make a claim

If the Seller does not deliver the good or delivers it late according to the terms of the parties’ contract, and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold the purchase sum, de- mand performance of the contract, terminate the contract and/or demand compensation from the Seller, according to the relevant circumstances.

For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by email).

Performance

The Purchaser may affirm the purchase and demand performance from the Seller. The Purchaser may not however demand performance if there is a barrier to performance the Seller cannot overcome, or if performance would cause a great disadvantage or expense to the Seller that is out of proportion to the Purchaser’s interest in the performance. Should these obstacles be removed within a reasonable amount of time, however, the Purchaser may demand performance.

The Purchaser loses his/her right to demand per- formance if he/she waits an unreasonably long time to make the claim.

Termination

If the Seller does not deliver the good at the time set for delivery, the Purchaser shall call on the Seller to deliver within a reasonable additional time frame for performance. If the seller does not deliver the good within the additional time frame, the Purchaser may cancel the purchase.

The Purchaser may however cancel the purchase immediately if the Seller refuses to deliver the good. This also applies to cases in which delivery at the agreed time was a decisive factor in the conclusion of the contract, or if the Purchaser has informed the Seller that the delivery time is a decisive factor.

If the item is delivered after the additional time frame set by the consumer or after the delivery time that was a decisive factor in the conclusion of the contract, termination must be asserted within a reasonable time frame after the Purchaser was informed of the delivery.

Compensation

The Purchaser may demand compensation for losses incurred as a result of the delay. However, this does not apply to cases in which the Seller can assert that the delay was due to obstacles outside the Seller’s control that could not have reasonably been fore- seen at the time the contract was concluded, could not have been avoided or the consequences of which could not have been overcome.

10 Defective goods: the Purchaser’s rights and time limit to give notice

If the good is defective, the Purchaser must notify the Seller that he/she wishes to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered. The Purchaser is always considered to have given timely notice if it occurs within two months after the defect was discovered or should have been discovered. Notice may be given no later than two years after the Purchaser took possession of the good. If the good or parts of it are meant to last considerably longer than two years, this deadline is extended to five years.

If the good has a defect and this is not due to the Purchaser or to conditions on the part of the Purchaser, the Purchaser may, in accordance with Chapter 6 of the Consumer Purchases Act, withhold the purchase sum, choose between repair and replacement, demand a price reduction, demand that contract be terminated and/or demand compensa- tion from the Seller, according to the relevant cir- cumstances.

Notice should be given to the Seller in writing.

Repair or replacement

The Purchaser may choose between having the defect repaired or the delivery of an equivalent item. The Seller may however oppose the Purchaser’s claim if carrying out the claim is impossible or causes the Seller to incur unreasonable expenses. Repair or replacement shall be performed within a reason- able amount of time. The Seller does not as a rule have the right to more than two attempts to cure for the same defect.

Price reduction

The Purchaser may demand a suitable price redu- ction if the good is not repaired or replaced. This means that that relation between the reduced and originally agreed price corresponds to the relation between the item’s value in defective condition and the condition according to the original contract. If special circumstances call for it, the price reduction may instead correspond to the defect’s impact on the Purchaser.

Termination

If the good is not repaired or replaced, the Purchaser may also cancel the purchase in cases where the defect is not immaterial.

11 Seller’s rights in case of Purchaser’s breach of contract

If the Purchaser does not pay or otherwise fulfil his/her duties according to the contract and/or the law, and this is not due to the Seller or to conditions on the part of the Seller, the Seller may, in accor- dance with the rules in Chapter 9 of the Consumer Purchases Act, withhold the good, demand perfor- mance of the contract, terminate the contract and demand compensation from the Purchaser, accor- ding to the relevant circumstances. The Seller may also, according to the relevant circumstances, charge interest for late payment, a collection fee and a reasonable fee for uncollected goods.

Fulfilment

If the Purchaser does not pay, the Seller may af- firm the purchase and demand that the Purchaser pay the purchase sum. If the good is not delivered, the Seller will lose its right if it takes an unreaso- nably long time to make the claim.

Termination

Upon significant non-payment breach or any oth- er significant breach by the Purchaser, the Seller may terminate the contract. However, the Seller may not terminate the contract after the purchase sum has been paid. The Seller may also terminate the purchase if the Purchaser does not pay within a reasonable additional time frame for fulfilment set by the Seller.

Interest relating to late payment/collection fee

If the Purchaser does not pay the purchase sum specified in the contract, the Seller may charge interest on the purchase sum according to the Act Relating to Interest on Overdue Payments. In cases where payment is not made, the debt may be sent for collection after a warning has been issued, and the Purchaser may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.

Fees for uncollected, non-prepaid items

If the Purchaser fails to collect unpaid goods, the Seller may charge the Purchaser a fee. The fee shall at maximum cover the Seller’s actual expenses for delivering the good to the Purchaser. Purchasers under 18 years of age cannot be charged this fee.

12 Warranties

Warranties given by the Seller or manufacturer give the Purchaser additional rights beyond those mandatory rights he/she has by mandatory law. Thus, a warranty does not imply any limitation on the Purchaser’s right to give notice or make claims in case of delay or defect according to Sections 9 and 10.

13 Personal data

The Seller is the party responsible for handling collected personal data. Unless the Purchaser consents otherwise, the Seller may only obtain and store whatever personal data is necessary for the Seller to complete its duties according to the con- tract. The Purchaser’s personal data shall only be given to others if this is necessary for the Seller to fulfil the contract with the Purchaser, or in cases where this is required by law.

14 Conflict resolution

Claims must be directed to the Seller within a reasonable time frame in accordance with Sections 9 and 10. The parties shall attempt to resolve any disputes out of court. If this is not successful, the Purchaser may contact the Consumer Council of Norway for mediation. The Consumer Council may be reached on (+47) 23 400 500 or at www.forbrukerradet.no

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