General Terms and Conditions

General Terms and conditions Kompas Nordic ApS

 

KOMPAS Nordic ApS is a Tour Operator acting as intermediary or a “Booking Agent” for travel related products and services. KOMPAS NORDIC Aps is providing package tours (combination of accommodations, meals, sightseeing and transportation components) as well as individual travel services to its Clients.

These General Terms and Conditions shall apply to all deliveries of products and services from KOMPAS Nordic ApS to Clients, unless otherwise specifically agreed between the parties in writing.

 

1. Offer document / Agreement

    1.1.

    Upon request from the Client Kompas Nordic Aps provides the Client with initial Offer Document containing details and the price. The Offer Document may include additional terms and conditions required by Kompas Nordic external suppliers. These additional terms and conditions shall be binding if the client accept the proposal.

    1.2.

    Offer Document shall be treated as an offer to enter into a legally binding contract/agreement for the purchase of the Travel Services set forth therein and any additional terms and conditions contained within. Unless otherwise stated, the Travel Services are offered subject to availability.

    1.3.

    The Client’s acceptance of the terms set forth in an Offer Document shall be done by notifying Kompas Nordic ApS in writing no later than the offer validity deadline set forth therein. Prior to such acceptance Kompas Nordic ApS reserves the right to rescind or otherwise modify the terms of the Offer Document. Kompas Nordic ApS shall be under no obligation to take any action in respect of a Tour/Travel Services proposed in an Offer Document prior to such Offer Document being so accepted.

    1.4.

    Written confirmation of Offer Document is considered as agreement/contract. Kompas Nordic ApS and the Client can also sign individual B2B or B2C contract that sets the terms and conditions of their business relationship in detail. 

    1.5.

    If the Client has not accepted the offer in writing till the offer validity deadline, the offer shall become void. Any non-compliant acceptance from the Client shall be deemed as a new offer. KOMPAS Nordic ApS shall not be bound by such new offer, unless KOMPAS Nordic ApS has specifically agreed hereto in writing.

    1.5.

    Written confirmation of Offer Document is considered as agreement. General Terms and Conditions are considered as part of the agreement. Kompas Nordic ApS is entitled to assume that when the Client has confirmed the offer document the Client has read General Terms and Conditions and agrees with them.

    1.6.

    Kompas Nordic ApS and the Client can specifically agree on individual terms and conditions and/or set the special/additional conditions of their business relationship, however that should have been agreed between the parties in writing prior to the execution of the agreement.

     

    2. Travel Services/Tours

    2.1.

    Kompas Nordic ApS will ensure performance of the Travel services/Tours as agreed in the agreement with care and diligence and ensure that the services comply with Applicable Laws

    2.2.

    Kompas Nordic ApS reserves the right to provide the Travel services/Tours and fulfil obligations from the agreement through our affiliated companies or third-party service providers.

    2.3.

    Client is obliged to comply with all relevant laws, regulations, codes of practice and requirements of regulatory or governmental bodies.

    2.4.

    Client may not assign his rights or obligations hereunder without Kompas Nordic prior written consent.

    2.5.

    Both parties shall obtain and maintain all necessary licenses required to conduct the services upon the agreement.

     

    3. Payment terms and charges

    3.1.

    Prices are stated in EUR (incl. VAT if applicable) if not agreed otherwise between the parties.

    3.2.

    KOMPAS Nordic ApS reserves the right to regulate prices, if such regulation is due to matters beyond the control of KOMPAS Nordic ApS, including but not limited to foreign exchange rates, changes to the prerequisite conditions of the original price or unforeseen extra costs (such as the cost of fuel, changes to tax rates, dues or other fees, landing taxes, embarkation fees at ports and airports).

    3.3.

    The Client shall be liable for any extra costs incurred due to changes of the Agreement made by the Client ( e.g. changes in number of travelers or the date, change of the tour, travel services included).

    3.4.

    Payment must be made 30 days prior to the date of the Tour departure / Travel service date execution unless otherwise specified in the Offer Document or any separate written agreement agreed between parties. Payment must be made in the quoted currency by bank draft or bank transfer. Payment in a different currency may only be made with Kompas Nordic prior consent at an exchange rate specified by Kompas Nordic.

    3.5.

    Late payment shall be subject to interest in accordance with applicable provisions of the Danish Interest Act. KOMPAS Nordic ApS shall be entitled to claim damages or loss incurred by any late payment in addition to interests. 

    3.6.

    In the event of the Client’s late payment, KOMPAS Nordic ApS shall be entitled to withhold delivery of the Travel Services/Tours and/or cancel services included in the agreement. This does not exempt the Client from the obligations pursuant to the Agreement, including but not limited to obligations related to non-refundable purchases.  

    3.7.

    If delay in delivery of the Travel Services/Tours is caused by the Client, the Client shall be obligated to pay KOMPAS Nordic ApS in accordance with the Agreement as if delivery was on time. 

    3.8.

    All payments for Travel services/Tours are due and payable without discount, set-off or other claim the Client may have against Kompas Nordic ApS. Client shall be responsible for any bank charges, currency conversion costs and similar expenses, if any. If there is any item of dispute arising out of or in connection with any invoice full details of the dispute must be made known to Kompas Nordic ApS in writing within 8 days of the date of issue of the disputed invoice(s).

    3.9 

    If payment is not received upon the due date in accordance with the agreement and no alternative arrangement has been agreed between parties, Kompas Nordic ApS reserve the right to:

    a.  cancel Client Tour/Travel services and rescind any or all Offer  Documents/Agreements;

    b.  refuse to supply the Client with future Travel Services/Tours;

    c.  terminate with immediate effect any or all contracts with the Client, including with respect to Tours/Travel Services that have been paid for but have not yet commenced;

    d.  demand prepayment for existing Travel Services as a condition to not cancelling the same;

    e.  cancel any reservation being held on Client behalf;

    f.  charge interest in accordance with applicable provisions of the Danish Interest Act calculated on the total amount of each outstanding invoice from the date of issue, until the date of payment (together with all costs legal or otherwise) and expenses incurred on Kompas Nordic ApS behalf in the collection of any overdue amount.

     

    4. Changes, cancellation and termination

    4.1.

    All changes and cancellations shall be made in writing to KOMPAS Nordic ApS on the terms and conditions as stated by KOMPAS Nordic ApS in the Agreement otherwise they are subject to KOMPAS Nordic ApS written acceptance.

    4.2.

    All cancellations of Tours/Travel services must be notified to Kompas Nordic ApS  in writing. The cancellation date will be deemed to be the date on which the notification in writing is received by Kompas Nordic ApS.

    4.3.

    If not otherwise stated in the agreement the following cancelation charges apply:

    1. Cancellation received 32 days prior to the starting date of the Tour/Travel services: no charges unless the Client has been specifically advised of charges that may apply to cancellations before this time.
    2. Cancelation received within 31 to 15 days prior to the starting date of the Tour/Travel services: 50% charge will applyunless the Client has been specifically advised of other charges that may apply to cancellations within this time.
    3. Cancelation received within 14 to 8 days prior to the starting date of the Tour/Travel services: 75% charge will applyunless the Client has been specifically advised of other charges that may apply to cancellations within this time.
    4. Cancelation received 7 days or less prior to the starting date of the Tour/Travel services: 100% charge will apply

    4.4.

    Tours/Travel services during high season periods or at specific locations may be subject to more stringent cancellation policies and the Client  will be advised of these prior to the Tour/Travel services in the offer/agreement.

    4.5.

    Any reduction in the number of Group members travelling on a Tour or booking Travel services must be notified to Kompas Nordic Aps immediately in writing. Kompas Nordic ApS reserves the right to pass on the Client any cancellation charges charged by suppliers.

    4.6.

    KOMPAS Nordic ApS shall be entitled to change travel plans, route or departure time without prior notice, if such changes are necessary due to weather conditions or other conditions beyond the control of KOMPAS Nordic ApS. In which case both parties will cooperate to accommodate the changes and resolve any problems.

    Unless otherwise agreed KOMPAS Nordic ApS shall be entitled to replace agreed Travel Services with similar services or services of higher quality.

    4.7.

    No-Show: If the Client stays away from departure or misses the departure of an action attributable to the Client or because of coincidence, this will result in the Client paying 100% of the travel prices as compensation.

    4.8.

    Kompas Nordic ApS reserves the right to terminate the agreement If the Client:

    a.  fail to pay any sum due to Kompas Nordic;

    b.  breach of Client’s obligations and, provided such breach is not material, fail to cure such breach within seven (7) days of receiving notice from Kompas Nordic ApS specifying the breach;

    c.  become subject to a legal proceeding (or related legal proceedings) which in Kompas Nordic sole discretion may affect Client performance hereunder;

    e.  go into compulsory or voluntary liquidation;

    g.  have an administrator appointed or a receiver, administrative receiver or manager is appointed over any part of Clent’s assets or business;

    h.  become subject to any other proceedings that are governed by applicable bankruptcy or corporate rehabilitation law;

    j.  become subject to any similar circumstances under applicable bankruptcy or corporate rehabilitation law,

    Then, in each case, without affecting Kompas Nordic other rights under this agreement, Kompas Nordic may terminate agreement effective immediately upon notice and any outstanding amounts or credit owed to us shall become immediately due and payable.

    4.9.

    Following the termination of the agreement, Kompas Nordi ApS will have no further obligations towards the Client, except expressly agreed otherwise between Parties in written.

     

    5. Liability 

    5.1.

    It is acknowledged that Kompas Nordic ApS acts only as an intermediary in reserving or arranging for hotels, transportation (including but not limited to flight, coach, cruise and rail services) or any other Travel Services. All information given by KOMPAS Nordic ApS whether in writing or orally is to the best of KOMPAS Nordic ApS’s knowledge and believed correct at the time given and is given in good faith. Kompas Nordic ApS shall not be liable in any way to the Client should any information with respect to hotels or other Travel Services proves to be inaccurate or incomplete in any way, which such information is provided as a courtesy and without representation or warranty. Kompas Nordicis  is not liable for personal injury, illness, property damage or other loss or expense of any nature whatsoever arising directly or indirectly out of any actions of hotels, transportation company or other suppliers providing services or Travel Services reserved through Kompas Nordic ApS.

    5.2 

    Kompas Nordic ApS shall not be liable to the Client for economic loss, loss of profit, loss of business, revenues, depletion of goodwill or otherwise (direct, indirect or consequential).

    5.3 

    The total liability of KOMPAS Nordic ApS to the Client shall not exceed the amount equal to the charges due to be paid by the Client  as set in the Agreement.

    5.4

    Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for:

    (a) death or personal injury caused by negligence;

    (b) fraud or fraudulent misrepresentation;

    (c) any other liabilities which cannot be legally limited.

     

    8. Force majeure

    8.1.

    In the event of force majeure, KOMPAS Nordic ApS shall be free of any obligations for as long as the force majeure situation exists. 

    8.2.

    Force majeure shall mean events which cannot be controlled, avoided or anticipated by KOMPAS Nordic ApS’, including but not limited to:

    • war, civil war, insurrection, terror actions, public restrictions,
    • import or export bans,
    • catastrophes of nature of any kind, local
    • regional or global outbreaks of diseases
    • extensive or local industrial conflicts, fire, power failure, computer viruses or alike

    8.3.

    Kompas Nordic ApS shall not be liable to the Client  for any loss, additional costs or expenses connected with inability to fulfil obligations by reason of any force majeure event.

     

    9. Choice of law and venue

    9.1.

    Any disputes arising out of or relating to the Agreement or the Travel Services shall be exclusively settled in accordance with Danish law by the courts of Denmark, either the district court where KOMPAS Nordic ApS is domiciled or the Maritime and Commercial Court of Copenhagen at KOMPAS Nordic ApS’ own exclusive option.

     

    10. Complaints

    10.1.

    Any complaint regarding the supply of a Travel Service/Tours should be brought to the attention of the accommodation or service provider immediately so the problem can be solved on the spot. If this is not possible, the Client shall contact Kompas Nordic Aps directly as early as possible during the Group member’s stay. All complaints if not resolved should be notified to Kompas Nordic ApS in writing, including by email, within 14 days of the date of service.  For complaints which have not been so notified the right to compensation will be reduced or completely invalidated.

     

    11. Confidentiality

    11.1.

    Kompas Nordic Aps and the Client commit to keep secret and shall not disclosure to third-parties (except to legal advisors) any confidential information in connection with this agreement.

    11.2.

    All information in the Offer Document and any material provided by Kompas Nordic ApS to the Client or other information to which Client gain access as a result of being a party to this agreement and business relationship, including any intellectual property, proprietary technology, trade secrets and know-how, in any form, shall in each case remain Kompas Nordic ApS property. Client shall keep all such material strictly confidential, may not copy any such information or disclose the same to any third party without Kompas Nordic ApS prior written permission.

    11.3.

    The client is prohibited to disclose prices or rates or any information relating to them to any third party. Kompas Nordic ApS reserves the right to cancel all Tours/Travel services and terminate with immediate effect all contracts without prior notice to the Client, should the Client  be in breach of the terms of this provision.

    11.3.

    KOMPAS Nordic ApS and the Client agrees to maintain confidentiality obligations during business relationship between the parties and five years from the date of termination of this agreement.

     

    12. Data Protection

    12.1.

    Both parties Kompas Nordic ApS and the Client undertake to comply with all applicable requirements of data protection legislation – GDPR (https://gdpr-info.eu/). 

    12.2.

    Kompas Nordic as Data Processor is committed to process personal data exclusively based on documented written instructions of the Client and ensure the client that all personnel who have access to it (including sub-processors) are obliged to keep the personal data confidential. 

    12.3.

    Both parties are expected to provide appropriate safeguards in relation to transferring any personal data. 

    12.4.

    Kompas Nordic ApS  is obliged to notify the Client immediately in case of becoming aware of a personal data breach and shall in this case provide immediate assistance to the Client (at no cost to the Client).

    12.5.

    Upon written direction of the Client, Kompas Nordic is obliged to return or delete all received personal data unless required otherwise by the Applicable Law. 

    12.6.

    Based on this agreement, the Client undertakes to provide all whom it relates with the requisite information required by the Data Protection Legislation, to pass their personal data to Kompas Nordic and that all transmitted data is accurate and up to date. 

    12.7.

    Both parties consent to appointing possible third party processors of personal data under this Agreement. 

    12.8.

    For purposes of correct interpretation of this section, the term “personal data” censers all individually identifiable information relating to an identified or identifiable natural person.

     

    13. Contact

    KOMPAS Nordic ApS

    Vestergade 18B, 1. Th

    4600 KØGE

    Denmark

    Phone: +45 31 14 07 54

    Phone: +45 31 24 47 04
    E-mail: office@kompas-nordic.dk