The Finnair Holidays special terms and conditions have been updated as of 1 August 2018. Below you can see the terms and conditions for trips taken before and after 1 August 2018.
FINNAIR HOLIDAYS SPECIAL TERMS AND CONDITIONS - TERMS AS OF 1 AUGUST 2018
Packaged Travel Act (2018:1217) in force from 1st of August 2018 and Finnair Holidays special terms and conditions shall apply to Finnair Holidays trips. The aforementioned terms and conditions shall be applied to contracts concluded on from 1st of August 2018 and after that date. The package travel contract, binding to the traveler, shall be concluded when the first payment ordered by the organiser is paid on the due date at the latest.
The responsible organiser of Finnair Holidays is Oy Aurinkomatkat – Suntours Ltd Ab (hereinafter Aurinkomatkat/organiser), who has provided a security for insolvency to the Finnish Competition and Consumer Authority. The registration number of Aurinkomatkat at the Finnish Competition and Consumer Authority is KuVi 164/88/MJ, link: https://www.kkv.fi/en/facts-and-advice/travelling-and-travel-agencies/register-of-package-travel-agencies/
If the English version of Finnair Holidays special terms and conditions is contradictory to the Swedish text, the latter will be followed.
1 PACKAGE TRAVEL CONTRACT AND LIABILITY FOR PERFORMANCE OF THE CONTRACT
1.1 Liability for the performance of the contract
The organiser shall be liable for the compliance of the passenger’s package travel with the contract. The organiser’s liability also includes performance of the contract with respect to the activities of the service providers used by it (carriers and accommodation establishments).
Before concluding the contract, the traveller must be notified of whether the organiser has set the security for offering package travel prescribed by the Tourism Act (921/2017) and whether this security covers the trip being offered.
The Traveller has a notification obligation, prescribed in these contract terms and conditions. The obligation can be fulfilled by contacting the organiser.
Service providers, such as Finnair, air transport and airport transfer providers, accommodation service providers, excursion providers and the respective booking centres are used for carrying out the Finnair Holidays trips. The responsible organiser for Finnair Holidays, Aurinkomatkat, has concluded contracts with the service providers and shall be liable for the traveller to receive services that (s)he has bought according to the contract. If the traveller does not receive the purchased service, (s)he must contact the Finnair Holidays’ customer services at the moment (s)he has the right to receive the respective service.
The organiser shall not be liable for events that are not included in the package, such as the connection transport or the materialisation of intermediated special services the traveller has ordered separately. The terms of carriage of the airlines that have issued the ticket and are related to the transport, and international aviation regulations shall be applied to the air tickets, baggage taken on the flight and other matters added to transport, such as catering on the flight.
The organiser or travel service provider shall have the right to offer the travellers better arrangements then that resulting from the contract. However, the organiser is not obliged in such cases to offer all travellers the same benefits.
The complaints in the package must be notified according to Section 12.2.
1.2 Content of the contract
The trip shall include such services and preparations that have been agreed between the traveller and organiser. When assessing the content of the contract, all precontractual information notified in writing or by electronic means before concluding the travel contract, terms and conditions of the contract, standard information sheet and other information concerning the respective trip established by law https://www.regeringen.se/4948a5/contentassets/f45906ca39934ca8907cabb718b5bcb4/en-ny-paketreselag--ett-starkare-resenarsskydd.pdf shall be taken into account.
1.3 Travel documents and travel insurance
The organiser shall provide the traveller with general information about the passport and visa requirements of the destination country prior to concluding the contract, including the average processing time needed obtaining a visa. Instructions regarding travel documents can be found at https://www.finnair.com/se/gb/information-services/before-the-flight/travel-documents/finnair-holidays.
Traveller is responsible for observing the organiser’s instructions and ensuring that (s)he has the necessary documents for their trip (e.g., passport, visa, vaccination certificates) and that these documents and airline tickets are correct and match each other. The traveller is also responsible for checking transport timetables. As long as the organiser has provided all the necessary information, it cannot be held liable for any loss incurred by a traveller if the traveller is prevented to participate on the trip or if the trip is disrupted due to inadequate travel documents (i.e. damaged passport) or not having or being denied a visa.
The organiser shall not be responsible for the traveller’s voluntary insurances necessary on the trip but the traveller him-/herself shall be responsible for the insurance cover and its sufficiency e.g. in case of interruption or cancellation of the trip. Therefore, the organiser recommends the traveller to obtain travel insurance with sufficient insurance cover for the trip that covers the traveller’s person as well as the traveller’s property and includes travel interruption and cancellation.
1.4 Potential safety risks at the destination
The organiser must inform the traveller of any potential special risks related to the trip and provide the general healthcare regulations of the country of destination prior to the trip. The traveller herself/himself shall be responsible for obtaining special instructions related to special needs associated with her/his personal state of health. In addition, the traveller must be provided with instructions for potential illness, accident or another similar situation.
Besides the traveller herself/himself, the authorities the respective destination shall in the first instance be responsible for the traveller’s safety abroad. The traveller must act in consideration of the circumstances of the destination.
Important information concerning the destination and its safety is obtained from the Ministry of Foreign Affairs and The Public Health Agency of Sweden, e.g., at www.ud.se and https://www.folkhalsomyndigheten.se/. Information about necessary vaccinations and health provisions for various destinations can be found at https://www.1177.se/Tema/Vaccinationer/. The traveller should familiarise herself/himself with conditions at the destination with the help of the above information.
1.5 The organiser’s obligation to provide assistance
If the traveller falls ill, gets in to an accident, becomes a victim of a crime or suffers other damage during the trip, the organiser shall provide the traveller with information on health services, local authorities and local authorities, consulate services and relevant assistance as well as access to a means of remote communication and help the traveller to make alternative travel arrangements and provide other necessary assistance without undue delay. The traveller shall herself/himself be responsible for those or other extraordinary expenses caused by the situation (e.g. new transport service, additional nights at the hotel and potential additional expenses arising for the organiser) that arise for the organiser due to his/her situation. If a situation provided in Section 10.1.b. arises during the trip, the organiser must assist the traveller accordingly and attempt to limit the damage caused to the traveller as far as is practicable.
The organiser has the right to charge a reasonable fee for any such assistance provided, if the traveller has caused the situation intentionally or through negligence. However, the fee must not exceed the actual costs incurred by the organiser in providing the assistance.
Finnair Holidays does not have its own staff at the destination, but the traveller may, if necessary, contact Finnair Holidays customer service on +46 867 90 010 (lsa/msa). Current business hours are available at https://www.finnair.com/se/gb/customer-care.
1.6 The traveller’s obligations and responsibilities
1.6.1. During the trip the traveller shall have the obligation to follow the instructions and regulations related to carrying out the trip given by the authorities, the organiser or the organiser’s representative and the rules in force in hotels and companies providing transport services.
1.6.2. The traveller shall not disturb other travellers with his/her behavior. If a traveller substantially neglects his or her obligations, he or she may not be permitted on the trip or may be removed from the trip. In such case, the traveller shall not have the right to a refund of the price and he or she is responsible for all the expenses arising from of the return journey.
1.6.3. The traveller shall be liable for the damages (s)he causes to the organiser or third parties with his/her intentional or negligent behaviour, including by breaching the rules specified in Sections 1.6.1 and 1.6.2.
1.6.4. The traveller must give to the organiser such contact details through which (s)he can be reached before and during the trip.
1.6.5 A tour group representative is obligated to forwarding to the group all the information and documents related to the trip and forwarding to the organiser any information and documents relating to travellers. The organiser’s notification obligations shall be deemed performed if it has passed the information concerning the trip on to the representative of the specified tour group and this does not need to be delivered to each traveller separately.
Only the tour group representative alone may make amendments to the booking on behalf of the tour group or they may do so together with the traveller that wants the change
1.6.6. The traveller or tour group representative shall be responsible for the accuracy and timely notification of the data given by it to the organiser, such as time of the trip, names of the travellers, their dates of birth, other personal data and the travellers’ special needs. The organiser shall not be liable for the damage that arises from the inaccurate or incomplete data provided by the traveller or tour group representative.
1.6.7. The traveller is responsible for the consequences and/or expenses him-/herself if (s)he uses the package travel services or its other parts in a different manner than is agreed in the package travel contract. For example, failing to use the transport services included in the package in part or in full (e.g. not using the air tickets and flights in the prescribed order) may lead to the restriction or loss of the right of use of other available services.
1.6.8. The following condition applies to the package travel contracts concluded on or after 25 September 2018: The representative of the traveller group is responsible for ensuring that there is at least one traveller of age included in the reservation. Depending on the destination, the age limit (for example at hotels) can be up to 23 years.
2 CONCLUDING THE CONTRACT AND PAYING THE PRICE
The contract will become binding for the traveller when the payment that the organiser has set, has been paid latest at the expiry date
2.1 Terms of payment
The trip price of the package, hereinafter also the packages price, shall be paid in full either when finalizing the order or by another agreed due date. In the web shop, payment may be made in accordance with the alternative payment methods listed and a trip booked at customer service shall be paid by credit card.
In these terms and conditions, the first passenger in the booking shall be considered the group representative. The traveller or the representative of a group of travellers is required to notify Finnair Holidays customer service if travel documents for a paid and confirmed trip have not arrived by email within 24 hours of the booking. The travel documents sent via e-mail are travel confirmation, electronic flight ticket confirmation and hotel voucher and possible transfer and excursions vouchers. The electronic flight ticket confirmation shall be sent to each traveller to the contact address provided by him/her, the other travel documents shall be sent to the representative of the group of travellers.
If the network service booking process is interrupted and the customer does not receive a confirmation of the paid and complete reservations or other travel documents at the specified email address, the traveller or group representative shall immediately contact Finnair Holidays customer service.
The travellers are obligated to bring the travel confirmation and as well as the most recent travel documents (electronic flight ticket confirmation and documents/voucher concerning accommodation as well as other possible additional services) on the trip.
2.2 Services included in the Finnair Holidays trip price
Finnair Holidays trips are based on scheduled flights and the price will be based on the price lists, currency exchange rates and regulations in force at the time of booking. The prices shall be in force from the moment they are announced and shall not apply to trips booked before that time. We reserve the right to change prices before the package travel contract is created. We shall retain the right to increase the price of the contracted trip, in accordance with Section 8.
The package price shall include all taxes that can be paid before going on the trip. Travellers may be charged a tourist tax or fee related to overnight stays in several cities and destinations in connection with their accommodations. The amount is dependent on the accommodation class and duration of stay. These taxes cannot be paid in advance together with the package price, they must be paid directly to the accommodation establishment.
The basic price of a Finnair Holidays trip includes:
• flight in the selected cabin class (economy or business) from the point of origin of the trip to the destination and back
• at least one (1) checked baggage per passenger (maximum 23 kg) and carry-on baggage per passenger (maximum 8 kg)
• accommodation with potential meals at the destination
• meals on intercontinental long-haul flights
• travel documents delivered via e-mail
The basic price of a Finnair Holidays trip does not include:
• service fees
• meals on European and Middle Eastern flights
• ground and connecting transportation in home country
• guide service at the destination
• airport transfers at the destination
• excursions at the destination
• meals, beverages and service fees
• passport and visa expenses
• travel insurance
• potential accommodation taxes and other authoritative fees collected at the destinations
• potential authoritative fees collected at airports when leaving the country
• mailing of travel documents
In case of special requests related to the booking (incl. golf equipment, skis, wheelchair), contact Finnair Holidays customer service well in advance of the trip. The applicable service price list can be found at https://holidays.finnair.com/se-en/service-charges.
2.3 Campaign deals
We shall reserve the right to target promotional offers and booking benefits to new bookings. In this case, a new booking is one that is made during the time the campaign or booking benefit is valid. Additional published rules and instructions apply to promotional offers and booking benefits. Offers and benefits are personal and do not apply retroactively.
3 TRAVELLING WITH CHILDREN
An infant, child under two years of age, is not entitled to travel without their own seat on a flight or their own bed at the accommodation. If a seat or bed is desired, the child's booking shall be treated as that of a child passenger 2–11 years old. If an infant turn two (2) years old during the trip, the booking shall be made as a child passenger and the child must have a seat on the flight.
When travelling with children and wishing to ensure a spare bed for them, the traveller must check the availability of a spare bed from the Finnair Holidays customer services. When booking online, some accommodation establishments provide an opportunity to book accommodation for a child without a spare bed, in which case the child will share a bed with the adult on the same booking.
In accordance with Swedish law, parents have joint custody of the child, which means that one parent or another person is not entitled to take the child abroad without the other legal guardian or the guardians consent. Also, transport companies and accommodation provider, as well as authorities at the destination may limit the right of children under 18 to travel without a guardian. Travel requirements involving minors should always be checked with the authorities of the departure, destination or transit countries, since some countries have detailed regulations as to required authorisations.
A child under the age of 18 travelling without legal guardians shall have a written consent, signed by the legal guardian. The consent form requirements may vary. The consent is a document containing information about the trip and the legal guardian’s signature and contact information. The consent shall be taken on the trip and produced at the request of authorities, transport or accommodation establishments among others. Additional information can be found on www.ud.se or from Finnair Holidays customer service. Example letter of consent https://www.finnair.com/go/documents/PDFs/letter_of_consent.pdf
4 THE TRAVELLER’S RIGHT TO CANCEL THE BOOKING BEFORE THE BEGINNING OF THE TRIP
Traveller has the right to cancel the trip whenever she/he wants before departure. Finnair Holidays trips are included in the package travels with special terms and conditions in which the costs for changes and termination is determined according to special regulations, such as the terms and conditions of reservations and sales of the airline and other travel service providers in the package travel that are binding to the tour operator. The transportation in Finnair Holidays trips is based on scheduled flights and the trips are individually compiled packaged travels not based on quotas obtained in advance.
Each cancellation is treated on a case-by-case basis. For changes and cancellations, the traveller must without delay contact Finnair Holidays customer service.
Confirmation of the selected flights and other travel services for a Finnair Holidays trip takes place automatically after the trip has been paid. At the same time, the travel service provider’s binding booking and sales terms and conditions comes into force for the organiser. Airlines’ and other travel service providers’ booking, and sales terms and conditions do not often allow refunds for the changes or cancellation after the booking has been confirmed. This means that the possibility of reimbursement can be very limited, if at all possible.
Reselling a individually compiled Finnair Holidays trip, or using the trip in an alternative way, is not possible in the case of cancellation. The cancellation charge is at a maximum equal to the package price, from which the potentially saved expenses arising from cancellation have been deducted. In addition to the cancellation charge we will claim the office expenditure according to the services price list of the organiser, which will be used to compensate for expenses made in the various stages of work. The organiser’s price list of current services is available on https://holidays.finnair.com/se-en/service-charges.
Upon the traveller’s request the organiser shall provide explanations to the size of the cancellation charge and distribution for the different parts of the package.
If the price of the trip has been calculated on two or more travellers is accommodated in the same room or apartment and one member of the party cancels the trip, the organiser shall have the right to claim a reasonable additional fee for the cancellation, in addition to the aforementioned cancellation expenses. Members of the party that cancelled the trip and are participating on the trip are jointly and severally liable for the payment of these costs to the organiser. The organiser and the travel party going on the trip may together agree on a more suitable accommodation arrangement for the travel party to replace the aforementioned residence, in that case the party going on the trip shall be liable for possible additional expenses.
If the trip is not cancelled and a traveller does not arrive at the agreed point of departure on time or if the traveller cannot participate because the traveller, through his/her own doing, lacks the documents necessary for the trip, e.g., a valid passport, visa, identity card or vaccination certificate, the traveller shall not be entitled to a refund.
The organiser recommends the traveller to obtain sufficiently comprehensive travel insurance coverage before the trip, for the protection of person and property, as well as travel interruption.
5 THE TRAVELLER’S RIGHT TO CANCEL THE BOOKING BEFORE THE BEGINNING OF THE TRIP DUE TO CHANGES MADE BY THE ORGANISER OR THE CONDITIONS AT THE DESTINATION
5.1 The traveller may cancel the booking if
a) the organiser makes substantial changes to the travel arrangements. Substantial changes include, a change in transportation resulting in considerably extends travel time; changes to departure and arrival times that cause considerable inconvenience or extra costs to the traveller, for example, due to having to rearrange their transport or accommodations; a daytime flight being replaced by a night-time flight (an afternoon arrival time is replaced by an arrival time after midnight); a change of destination or a change that significantly decreases the standard of accommodations; and substantial changes in the nature of the trip, such as a trip having been advertised as accessible for disabled travellers not being so; or
b) the traveller has reason to believe that the organiser’s ability to perform the trip as agreed has been significantly compromised after the conclusion of the contract due to war broken out at the destination or in its vicinity or other serious security issues, such as terrorism or a natural disaster such as flooding, an earthquake or weather conditions, strikes, significant health risks or similar circumstances, or if the trip cannot be carried out without endangering the traveller’s health or life at the destination or in its vicinity.
When evaluating the reason for the cancellation the Swedish authorities' position on the issue shall be considered, e.g., the Swedish Consulate’s public information relating to the matter, or advice from the Ministry of Foreign Affairs.
c) the dates or times of the trip change
- by more than 24 hours in the case of trips lasting at least 7 days;
- by more than 12 hours in the case of trips lasting 2–6 days;
- the traveller’s right to cancel trips lasting less than two days is assessed case-by-case; or
d) they have strong reason to believe that the organiser will otherwise fail to deliver on some essential element of the contract.
5.2. The organiser must inform travellers about changes in a document or in any other legible and durable form and the message shall clarify what changes the organiser intends to make, whether the changes will degrade the package trip’s quality or lower its value and what price reduction the traveller may be accorded and whether changes entitle the traveller to cancel the trip.
5.3. The traveller must notify the organiser of the cancellation without delay. If the traveller has not, within the reasonable time limit specified in the change notice, announced that he or she will cancel the trip, he/she shall be considered to have approved the proposed changes.
5.4. The traveller’s right to cancel their booking due to price increases is established in Section 8.3
5.5. If the traveller cancels the booking in the abovementioned situations, the traveller shall have the right to an immediate refund of the paid travel price but not later than within 14 days from the time the traveller terminates the contract. The traveller nevertheless does not have the right to cancel the booking without paying the cancellation charge if the situation provided in Section 5.1.b) was known to the traveller already when concluding the contract.
If the cancellation arises from the reasons specified in Sections 5.1.a), 5.1.c) or 5.1.d), the traveller shall have the right to receive compensation also for these expenses that have been made due to the trip and that will become useless as a result of the cancellation, if the change does not arise from unavoidable and extraordinary circumstances, which the organiser or its subcontractors encounter.
6 THE TRAVELLER’S RIGHT TO INTERRUPT THE TRIP AND TERMINATE THE CONTRACT DURING THE TRIP
6.1 The traveller has the right to interrupt the trip if
a) the performance of travel arrangements is so faulty that it does not satisfy its original purpose; or
b) a situation referred to in 5.1. b) arises during the trip and the traveller was not aware of the conditions at the destination when the contract was concluded.
6.2. A traveller who interrupts his/her rip or terminates the contract on the grounds of 6.1 a) or b) is entitled to a refund of the price of the package and any other payments made to the organiser. If the traveller has had the benefit of the organiser's performance, such benefit shall be taken into account (e.g., a completed part of a combination tour, meals on the trip or admission tickets which travellers have used) in assessing the size of the rebate.
6.3. If a traveller interrupts the trip on grounds referred to in Section 6.1.a), the organiser shall arrange for the traveller’s return transport at its own expense. The transport shall be arranged to the point of departure or to an agreed destination on a carrier similar to that originally agreed.
6.4. If a traveller interrupts the trip under Section 6.1.b. and the organiser does not assist him or her to arrange for repatriation in accordance with Section 1.5, the traveller can take the necessary action him/herself. The traveller should, however, seek to minimise the costs and other damage that may befall the organiser.
6.5. Section 16 shall be applied to the potential right to receive compensation.
7 THE TRAVELLER’S RIGHT TO CHANGE THE CONTRACT AND TRANSFER IT TO ANOTHER PERSON
The traveller shall have the right to change the contract before departure. The change fee is based on the actual costs charged to the organiser for scheduled flight tickets and booking and sales terms and conditions for other travel services. In addition to the change charge, the traveller must pay the office expenditure pursuant to the organiser’s services price list, which shall cover the operating costs the change for organising the trip so far. The applicable service price list can be found at https://holidays.finnair.com/se-en/service-charges.
Transport for the Finnair Holidays trips is based on scheduled flights, packages are prepared individually, and pre-obtained quotas do not form the basis for them. Due to this reason reselling a individually compiled Finnair Holidays trip, is not possible in the case of cancellation, and in case of amendments it cannot be used in an alternative way either.
Confirmation of the selected flights and other travel services for a Finnair Holidays trips takes place automatically after the trip has been paid. At the same time, the travel service provider’s binding booking, and sales conditions come into force for the organiser. Airlines’ and other travel service providers’ booking, and sales terms and conditions do not often allow refunds for the changes or cancellation after the booking has been confirmed. This means that the change can be regarded as a cancellation of the ticket or that the change options can be very limited.
The traveller shall have the right to request to change the personal booking information or transfer rights under the contract to a person who meets all the conditions for participation in the trip.
If the traveller wishes to transfer the contract or make a change to the details, the organiser shall be so notified no later than seven (7) days before departure. The details may also notified later if that does not cause unreasonable inconvenience to the organiser.
Section 7 can also be applied in this case. The transferring party and the transferee are jointly liable for the payment of travel costs and compensation to the organiser.
8 CHANGES TO PRICES
8.1. After the conclusion of the contract the organiser has the right to raise and accordingly an obligation to reduce the agreed price on the following grounds:
a) a change in transport costs due to the price of fuels and other energy sources, or
b) changes in taxes affecting the price or fees that third parties have set for travel services, such as charges related to the use of airports and ports or changed destination or city taxes The taxes and fees may be set by the authorities of the country of origin as well as the destination, or
c) changes in exchange rates that affect the cost of the trip. Changes in the exchange rate are determined relative to the exchange rate of six (6) weeks prior to departure. The comparison rate is the exchange rate on the day the organiser declares as a basis for pricing. If a pricing rate is not separately given, the exchange rate on the date of the contract’s conclusion shall apply.
8.2. The price increase cannot be greater than the increase in costs.
The organiser shall announce the new price to the traveller as soon as possible and provide the basis for the price change and the parts of the package travel to which the change applies.
The traveller shall be notified of the price increase in a document or in any other legible and durable form no later than 20 days before departure.
8.3. If the trip price after conclusion of the contract is raised by more than 8%, as calculated under Section 8.2, the traveller is entitled to terminate the contract. The traveller shall inform the organiser if he or she terminates the contract within a reasonable time limit established by the organiser or, if no limit has been set, within seven (7) days of having been informed about the price increase. A message sent in an electronic format shall be considered received on the date when the organiser sent it. If one cannot otherwise explain when the message arrived, it shall be considered that a message sent by mail will have been received seven (7) days after it was sent.
If the traveller terminates the contract, he or she is entitled to refund for the price of the trip without undue delay, but no later than within 14 days from the traveller’s termination of the contract. The right to any indemnity shall be determined in accordance with Section 16.
8.4. The organiser shall indemnify the traveller by a proportion corresponding to the reduced costs based on the causes in Section 8.1.a-c which arose before the trip. The organiser shall have the right to recover actual administration costs caused by the repayment.
9 CHANGES TO THE PACKAGE TRAVEL CONTRACT MADE BY THE ORGANISER
9.1. If before departure the organiser makes changes to the package travel contract that are insignificant to the whole trip, the traveller shall not be entitled to cancel the contract or obtain a reduction of the price or compensation. As insignificant changes means such changes as the traveller could reasonably have foreseen, given the destination or nature of the trip, such as the cancellation of an excursion included in the package travel, if the trip includes several excursions.
9.2. Significant changes by the organiser that entitle one to cancel the trip are listed in Section 5.1.
9.3. If the organiser makes other insignificant changes than those indicated in section 9.1 or the changes justifying cancellation specified in Section 9.2, the traveller shall be obligated to pay the package price and other agreed fees, nevertheless taking into account the traveller’s right to receive a discount and compensation determined in Sections 15 and 16.
9.4. The organiser must inform the traveller of any changes by means of a durable medium in a clear, comprehensible and prominent manner.
9.5. Instead of cancelling a trip or a series of trips due to low demand, the organiser has the right to run the trip by changing the form of transport, route and/or timetable as long as these changes do not significantly affect the nature of the trip. The traveller must be informed of such changes:
1) at least 20 days before the start of the trip in the case of trips lasting more than six days;
2) at least seven (7) days before the start of the trip in the case of trips lasting between two and six days;
3) at least 48 hours before the start of the trip in the case of trips lasting less than two days.
The aforementioned changes may entitle the traveller to a price reduction and/or compensation pursuant to Sections 15 and 16.
10 THE ORGANISER’S RIGHT TO CANCEL OR INTERRUPT A TRIP
10.1 The organiser has the right to cancel a trip if
a) not enough participants have signed up for the trip and the organiser has specified that the performance of the trip is subject to demand in the documentation provided to the traveller beforehand (e.g. the programme or other documentation). A minimum number of participants can be set for individual trips or series of trips to a particular destination. Travellers must be informed of such cancellations
1) at least 20 days before the start of the trip in the case of trips lasting more than six days;
2) at least seven (7) days before the start of the trip in the case of trips lasting between two and six days;
3) at least 48 hours before the start of the trip in the case of trips lasting less than two days.
b) the organiser’s ability to perform the trip as agreed has been significantly compromised after the conclusion of the contract due to war having broken out at the destination or in its vicinity or other serious security issues, such as terrorism or a natural disaster such as flooding, an earthquake or weather conditions, strikes, significant health risks – such as the outbreak of a serious disease at the destination – or similar circumstances, or if the trip cannot be carried out without endangering the traveller’s health or life at the destination or in its vicinity. In addition, interruption of essential services at the destination, such as electrical and water supply as a result of natural disaster or strike, may constitute such a cause.
The traveller must be informed of the such cancellations as soon as possible.
10.2. If a situation referred to in Section 10.1.b should arise during the trip, the organiser has the right to cancel the trip and make other necessary changes in the travel programme. After the trip, the organiser must promptly refund the traveller the part of the price that corresponds to the omitted service.
10.3. After the trip has been cancelled, the organiser shall refund the traveller’s payments no later than 14 days after the contract has been cancelled.
11 THE ORGANISER’S RIGHT TO TERMINATE THE CONTRACT
The organiser has the right to terminate a traveller’s contract if the traveller has not paid the price or part thereof by the agreed due date. The due date must be reasonable. In the document stating the payment time shall state that the organiser has the right to termintate the contract because of non-payment.
12 BREACH OF CONTRACT AND COMPLAINTS
12.1 The organiser shall be deemed to be in breach of contract if:
a) the services or other arrangements associated with a trip do not correspond to what has been agreed or what can be deemed to have been agreed; or
b) the organiser fails to provide the traveller with all the information required under the Package Travel Act concerning the terms and conditions applicable to the trip, the contents of the package, the necessary travel documents, applicable health regulations, transport links and timetables as well as other necessary information such as instructions in the event that a traveller falls ill, has an accident or encounters other similar difficulty and this can be deemed to have affected the traveller’s decision-making process; or
c) the organiser has neglected its duty to assist under Section 1.5.
Travellers should be prepared for reasonable changes to the transport schedule. Changes to transport schedules that do not result in a traveller’s stay at the destination being shortened or lengthened by more than four hours in the case of trips lasting between two and five days, by more than five hours in the case of trips lasting between five and eight days or by more than eight hours in the case of trips lasting more than eight days, shall not constitute a breach of contract. In the case of trips lasting less than two days, what constitutes a breach of contract shall be assessed case-by-case.
It is not a breach if the passenger does not use transport or other services included in the trip or uses them only in part.
12.2 Notifying of breach
The traveller may not invoke breach of contract if he or she fails to notify the organiser of the breach within a reasonable time after it was discovered or should have been discovered. A traveller who notices a breach of contract that can be remedied during the trip must alert the organiser or its representative on the trip as soon as possible.
A breach in the package shall be notified to Finnair Holidays customer service or outside of customer service hours, to Finnair customer service.
Unless the breach of contract requires immediate remedial action, the traveller can allow a reasonable period of time for the breach to be rectified. What constitutes a reasonable period of time depends on the duration of the trip, the destination and other factors relating to the nature of the trip.
However, the above does not prevent the traveller from filing a complaint if the organiser or another supplier used by the organiser for assistance in fulfilling the contract has acted with gross negligence or in bad faith.
13 RECTIFYING BREACHES OF CONTRACT
13.1. The organiser shall rectify any breaches of contract immediately or, if immediate remedial action is not necessary, by a reasonable deadline set by the traveller and in a manner that does not result in the traveller incurring any costs or significant inconvenience. What constitutes a reasonable deadline for rectifying breaches of contract depends on the nature of the breach and its effect on the traveller as well as the organiser’s possibilities of rectifying the breach.
Despite the organiser’s remedial action, the traveller may be entitled to a price reduction for the duration of the breach pursuant to Section15 and to compensation pursuant to Section 16.
13.2. The organiser cannot be expected to rectify a breach of contract if remedial action is impossible or would result in the organiser incurring unreasonable costs. What constitutes unreasonable costs depends on the scale of the breach and the value of the affected travel services.
If the organiser decides not to rectify a breach of contract or fails to take immediate remedial action if such is required or fails to rectify the breach by the deadline set by the traveller, the traveller has the right to take independent action. In such circumstances, the traveller is entitled to be reimbursed for any costs incurred from the remedial action taken.
If the traveller rectifies a breach in the organiser’s performance, the latter shall not be liable to compensate the traveller for the expenses thus incurred if said costs are disproportionately high. A organiser who refuses to rectify a breach of contract pursuant to this Section may have a duty to provide the affected traveller with a price reduction and compensation pursuant to Sections 15 and 16.
14 PROVISION OF ALTERNATIVE SERVICES DURING A TRIP
If a significant portion of travel included in a traveller’s package cannot be provided during a trip, the organiser shall make suitable alternative arrangements without the traveller incurring any additional costs. Such alternative services must, where possible, be of at least the same standard as the agreed travel services. The obligation to make alternative arrangements also applies in cases where a traveller cannot be returned to their original point of departure as agreed.
If the alternative arrangements lower the value of the package compared to what was agreed in the package travel contract, the organiser must give the traveller an appropriate price reduction.
The traveller has the right to turn down any alternative arrangements offered if they differ considerably from what was agreed in the package travel contract or if the price reduction offered is not proportionate to the impact of the change. If a traveller for good reason declines the alternative arrangements or if no alternative arrangements can be offered, he/she has the right to an appropriate price reduction and compensation even if they do not cancel the contract. If the traveller’s package includes transport, the organiser shall arrange for the traveller to be repatriated in the manner agreed in the contract without undue delay and without the traveller incurring any additional costs.
If a traveller, without a justifiable reason as referred to above, turns down alternative arrangements offered by the organiser, he/she shall not be entitled to compensation or a price reduction.
15 PRICE REDUCTION
If an organiser fails to rectify a breach of contract without delay or if the breach cannot be remedied, the traveller is entitled to a price reduction proportionate to the impact of the breach unless the organiser can prove that the breach was caused by the traveller.
The traveller is not entitled to price reduction if the breach if the breach only has a minor impact relative to the entire package. The price reduction depends on the total price of the package rather than the price of the individual service affected by the breach. The traveller’s personal needs and any special wishes expressed in connection with concluding the contract may also be taken into account when assessing the impact of the breach.
16.1. The traveller is entitled to compensation for any losses incurred because of a breach of contract by the organiser. The organiser shall pay the compensation to the traveller without undue delay.
However, the right to compensation is lost if the organiser can demonstrate that the breach:
1) the breach of contract was due to the traveller;
2) the breach was due to third parties who are unrelated to the provision of travel services and it could not reasonably have been foreseen or prevented;
3) the breach was due to the kinds of unavoidable and extraordinary circumstances referred to in Section 16.9.
16.2. Damages to be compensated include additional costs and expenditures that become unnecessary as a result of the damage and loss of income for late return home and extra costs of accommodation and loss of enjoyment from holiday or trip. The last-mentioned requires a significant failure in carrying out the travel services.
16.3. The traveller is entitled to compensation for the loss of their luggage, if this causes any inconvenience to the traveler, considering the length of the delay and other circumstance
16.4. The traveller should do his/her best to limit the damage. The organiser is not liable for damages from the traveller’s own actions.
16.5. Compensation in the event of losses incurred during transport by air, sea or rail will be calculated based on the rules or contracts applied by the transport operator to their services. The organiser’s liability for damages in the context of transport is governed by the applicable provisions of the: the Maritime Act (1994:1009) or European Parliament and Council Regulation (EU) No. 392/2009 on the Transporter’s Liability in Case of Accident During Passenger Transport at Sea, The Air Transport Act (2010:510), the Air Transport Contract Act (45/1997), the Air Transport Act (387/1986), the Railway Transport Act (1119/2000), Council Regulation (EU) No. 2027/97 on Air Carrier Liability with Respect to the Carriage of Passengers and their Baggage, the 2002 Athens Convention on the Maritime Transpoprt of Passengers and Their Baggage (Treaty 70/2017), the European Parliament and Council Regulation (EU) No. 1371/2007 on the Rights and Obligations of Rail Passengers and the Railway Traffic Act (2018: 181).
16.6. The compensation granted to the traveller shall be determined by the extent of the damage, but it may not exceed three times the price of the travellers packaged. This limitation does not apply to personal injury or other damage caused intentionally or by negligence.
16.7. To obtain compensation, the traveller shall demonstrate that there is a fault in the organiser’s performance and that the damage caused to him or her is a result of that failure. The party claiming compensation also holds the burden of proof regarding the extent of the damage.
16.8. Section 1.6.3 shall apply to the traveller's liability to the organiser.
16.9 Unavoidable and extraordinary circumstances
The organiser shall not be liable for damage caused by an unavoidable and extraordinary circumstances or other unforeseen events that the organiser or a hired subcontractor could not have prevented even through utmost care. Such unavoidable and extraordinary circumstances include government regulations; airspace restrictions; acts of war; other serious security problems, e.g., terrorism, serious unrest, serious risks with regard to human health, e.g., serious illness at the destination; natural disasters, such as floods, earthquakes or weather conditions that make it impossible to conduct a safe trip to the destination under the package travel contract; or that otherwise significantly affect the ability to carry out the tour as agreed. In addition, interruption of key services at the destination, such as electrical and water supply as a result of natural disaster or strike, may constitute such a cause.
Effective reservation made latest 28th of November 2018
16.10. If the traveller's return trip cannot be completed as agreed due to unavoidable and extraordinary circumstances, the organiser shall see that, the necessary costs for accommodation correspond to the package travel contract for a maximum of three (3) nights, in case the transport company does not take care of the arrangements.
The limitation of the above-mentioned cost liability does not apply to a disabled traveller or his assistant, pregnant women, minors who travel unaccompanied or people requiring special medical attention if the organiser at least 48 hours before departure has been informed of the person's special care needs.
16.11. The organiser cannot plead unavoidable and extraordinary circumstances to limit its liability when the return transport is delayed if the provider of the applicable transport services cannot invoke such conditions under the applicable EU legislation.
Effective reservation made from 29th of November 2018
16.10. If a traveller’s return home cannot be arranged as planned due to unavoidable and extraordinary circumstances, the organiser has a duty to cover any costs of up to three nights’ stay in alternative accommodation, where possible, of the standard specified in the package travel contract if the transport operator does not provide accommodation. Where longer periods are provided for in Union passenger rights legislation applicable to the relevant means of transport for the traveller's return, those periods shall apply.
The organiser cannot limit their liability for a traveller’s delayed return home on the grounds of unavoidable and extraordinary circumstances, if the transport service provider in question is prevented by applicable European Union laws from denying liability in such circumstances.
The aforementioned limitation of liability does not apply in the case of disabled passengers and their caregivers, pregnant women, unaccompanied minors or individuals who require specialist medical care, provided that the organiser was informed about the traveller’s need for special assistance at least 48 hours before the start of the trip.
17 BOOKING ERRORS
The organiser shall, without unnecessary delay, compensate the traveller for damage caused by technical deficiencies in the use of the reservation system or an error made during the booking process and attributable to the organiser.
The traveller is not entitled to damages if the booking error is due to the traveller or unavoidable and extraordinary circumstances, as stipulated in Section 16.9.
Booking errors may be attributable to travellers, for example, if they provide the organiser with incorrect or incomplete information concerning themselves or the trip. Travellers should also, in accordance with the normal due diligence, check the travel documents they have received, e.g., booking confirmation, and as quickly as possible notify the organiser of any discovered inadequacies or errors. If the passenger fails to apply due diligence and this causes damage, the traveller's contribution shall be considered when damages are determined.
18 DEDUCTIONS OF COMPENSATION PAID UNDER OTHER LAWS
If the traveller has been granted a price reduction or compensation under EU legislation on passenger rights and international conventions, the amount of the compensation under those conditions shall be deducted from the corresponding granted compensation.
The traveller is obliged to notify the organiser of remedies from other stakeholders with regard to breaches in the package trip.
19 CLAIMS FOR DAMAGES
19.1. Provisions on claims against the organiser appear in Section 12.
19.2. Indemnity claims shall be filed with the organiser within a reasonable time. Claims could be sent to https://www.finnair.com/se/gb/information-services/feedback or contacting Finnair Holidays customer service.
If a difference of opinion regarding the package travel contract cannot be resolved through negotiation between the parties, the consumer may refer the matter to the Consumer Disputes Board for resolution. Before referral to the Consumer Disputes Board for the processing, consumers are obliged to contact Consumer Advisory Services. The traveller may also take their case to the district court of their jurisdiction.
21 LIABLE ORGANISER
Oy Aurinkomatkat – Suntours Ltd Ab Tietotie 9, PO Box 200, 01530 VANTAA, Finland, tel: +358 10446441/central
Finnair Holidays customer service tel. +46 867 90 010 (LSA/MSA). Current opening hours are available at https://www.finnair.com/se/gb/customer-care.
These Finnair Holidays special terms and conditions have been updated as of 1 August 2018 and are valid until further notice. Finnair Holidays/Aurinkomatkat Oy – Suntours Ltd Ab reserve the right amend or restrict these terms and conditions.
FINNAIR HOLIDAYS ADDITIONAL AND SPECIAL CONDITIONS - TERMS UNTIL 31 JULY 2018
Finnair Holidays tours are regulated by the Swedish Package Tours Act (1992:1672). The responsible tour operator is Oy Aurinkomatkat – Suntours Ltd Ab (hereinafter referred to as Suntours). Suntours has lodged a security with the Finnish Competition and Consumer Authority covering these tours. Suntours’ registration number with the Competition and Consumer Authority is KuVi 164/88/MJ. Finnair Holidays tours are regulated by the Swedish Package Tours Act, in force since 1 July 2009, these package tour terms and conditions, and the special terms and conditions set out below.
Finnair Holidays’ customer service: T. +46 8 679 0010 (local network fees and service charges apply)
CONTENT OF FINNAIR HOLIDAYS TOURS
Finnair Holidays tours are individually tailored and independent flight+hotel package tours based on scheduled flights. Special terms and conditions apply to Finnair Holidays tours booked via finnair.com or Finnair Holidays’ customer service. Customers book their Finnair Holidays tour on the finnair.com website by choosing amongst independent options. Customers are personally responsible for the accuracy of the booking details.
Customers create and tailor their Finnair Holidays tour from various scheduled flight and hotel options. In addition, they can purchase excursions and airport transfers as supplementary services. The range of supplementary services available depends on the chosen travel period and the travel destination.
The Finnair Holidays base price includes:
- Travel documents delivered by email
- Meals on intercontinental long-haul flights
- Outward and return flights in economy class
- One item of checked baggage per person of max. 23 kg and one item of carry-on baggage per person of max. 8 kg
- Accommodation and (if applicable) meals at the travel destination
The Finnair Holidays base price does not include:
- Service charges
- Travel documents delivered by post
- Meals on flights within Europe and the Middle East
- Ground transport connections within the country of departure
- Guide services at the travel destination
- Airport transfers at the travel destination
- Excursions at the travel destination
- Food, drink, service charges or tips
- Passport and visa expenses
- Travel insurance
- Hotel taxes and other official charges that apply at the hotel at the travel destination (if applicable)
- Any government charges due when travelling abroad
1. AREA OF APPLICATION
1.1. Special terms and conditions for package tours
These terms and conditions apply to package tours that are primarily purchased for individual purposes and marketed or sold in Sweden by Finnair Holidays.
1.2. Special terms and conditions
The tour operator has the right to apply special terms and conditions that deviate from the Package Tours Act (1992:1672) if such terms and conditions are rendered necessary due to the exceptional nature of the tour, special regulations regarding the transport mode (such as booking and sales conditions for scheduled flights), differing accommodation solutions due to the exceptional nature of the tour or exceptional circumstances at the travel destination. These special terms and conditions may not deviate from the Package Tours Act in a way that disadvantages the passenger.
If a tour operator applies the special terms and conditions when making a cancellation and charges the actual cancellation costs to the passenger, the tour operator must, where necessary, give the passenger a detailed breakdown of the costs.
2. CONTRACT FOR THE PACKAGE TOUR AND RESPONSIBILITY FOR FULFILLING THE CONTRACT
2.1. Payment for the tour, conclusion of the contract and delivery of travel documents
The contract becomes binding when the customer has read and accepted the special terms and conditions for Finnair Holidays tours, paid for the tour and received a booking confirmation for the tour at the email address used for the booking. A booking confirmation includes a confirmation number.
If the web service's booking process is interrupted and the customer does not receive a confirmation or other travel documents, e.g. a confirmation of the electronic air ticket, hotel voucher and airport transfer (if applicable), excursion vouchers or confirmation that the tour has been reserved and paid for, the customer must contact Finnair Holidays’ customer service immediately.
The travel documents will be delivered to the contact person's email address once the payment has been registered. Customers must notify Finnair Holidays’ customer service if they have not received booking confirmation or other travel documents by email within 24 hours after booking.
Customers must bring the travel confirmation and all travel documents (confirmation of the electronic flight ticket and accommodation and other vouchers for any additional services) with them on the tour.
2.2. Prices and taxes
The price includes the services, taxes and service charges specified in the travel confirmation. The price does not include breakfast or other meals, airport transfers, guide services, excursions or any taxes that must be paid on location at the travel destination, unless otherwise specified.
The price of the scheduled flight is based on current prices, exchange rates and regulations valid at the time of booking. If any of these prices, rates or regulations change before the ticket is issued, the price of the flight will change correspondingly. The prices are not binding until the contract becomes effective. All taxes that can be paid at the time of ticketing before tour departure are included in the ticket price.
Approximately 10% of the adult ticket price is charged for children under 2 years of age travelling without their own seat on the flight, plus taxes and surcharges. Infants are not entitled to their own seat on the flight or to their own bed at the hotel. If a seat or bed is requested, the infant’s booking will be treated as a booking for a child aged 2-11. If an infant turns 2 years old during the tour, the infant must be booked as a child passenger and have his/her own seat on the flight.
If a customer travelling with children wishes to reserve an extra bed for them, the customer must contact Finnair Holidays customer service to check the availability of additional beds. Some hotels will book accommodation for a child without providing an extra bed, in which case the child shares a bed with an adult under the same booking.
If customers have special requests for the booking (e.g. pets, golf equipment, skis, wheelchair, special diet, etc.), they should contact Finnair Holidays’ customer service. Any changes made to the booking will be subject to service charges as per the current service charge price list.
The current service charge price list is available here.
2.3. The tour operator is responsible to the passenger for ensuring that the package tour is as described in the contract. This responsibility extends to subcontractors used by the tour operator to fulfil the contract (e.g. transport companies and hotels).
2.4. Before the contract is concluded, the tour operator must inform the passenger whether the tour operator has lodged the type of security specified under the Package Tours Act and whether this security covers the tour offered.
2.5. The passenger can fulfil his/her duty to report the circumstances cited in these contract terms and conditions by contacting the tour operator.
Customers must report any faults and failings in the package tour in accordance with clause 13.4.
2.6. Content of the contract
Information in the tour operator’s catalogues and brochures, and on its website, is binding for the tour operator. However, the tour operator has the right to change information in catalogues or brochures before the contract is entered into, provided this right has been expressly stated in the catalogue or brochure and the passenger has been clearly notified of the changes.
2.7. Travel documents and travel insurance
The tour operator must provide passengers with general information about passport and visa regulations, the time it normally takes for a passport or visa to be issued and any relevant health regulations.
The passenger is personally responsible for obtaining the documents needed for the tour (passport, visa, vaccination certificates) according to the tour operator’s specifications, for checking the accuracy of these documents and of the flight ticket, and for ensuring that the information in the various documents is mutually consistent. The passenger is also responsible for checking the departure times of the provided transport. If the tour operator has fulfilled its duty to provide information, the tour operator shall not be liable for any losses suffered by the passenger if the tour is cancelled or interrupted due to inadequate or faulty travel documents (e.g. a damaged passport) or if the passenger is refused or lacks a visa.
The tour operator is not required to provide any optional insurance that the passenger may need for the tour. The passenger is personally responsible for taking out travel insurance with adequate coverage, for instance with regard to cancellation cover.
2.8. Health risks at the travel destination
Important information about the travel destination, for instance regarding safety, is available from the Ministry of Foreign Affairs, www.ud.se. Passengers are advised to check the conditions at the travel destination, for instance, by reading the information mentioned above.
2.9. Duty to provide assistance
If the passenger is taken sick during the tour, has an accident, falls victim to a crime or suffers other harm or injury, the tour operator must provide assistance, e.g. in the form of medical care, early repatriation or help reporting the crime. Passengers must pay their own expenses for any special arrangements made necessary by these or other emergency situations (e.g. new transport, extra hotel nights, extra costs sustained by the tour operator). If any of the situations mentioned in clause 11.1.b. arise during the tour, the tour operator must provide equivalent types of assistance and attempt to limit damage and inconvenience to the passenger as far as possible.
If the tour operator lacks staff at the travel destination who can assist passengers, prior to the tour the tour operator must provide passengers with the name and contact details of the tour operator’s local representative or equivalent details of local organisations that passengers can contact if they need assistance. If the tour operator has no staff at the travel destination, the customer should contact the emergency number indicated on the vouchers in the event of an emergency.
2.10. PASSENGERS' DUTIES AND RESPONSIBILITIES
2.10.1. During the tour, passengers must comply with instructions and regulations issued by authorities, the tour operator or the tour operator’s representative regarding the tour’s implementation, and with the rules of conduct applicable to the hotel and transport services.
2.10.2. Passengers must not behave in a way that disturbs other passengers. If passengers significantly neglect their obligations, they may be denied departure or removed from the tour. In that case, they shall not be entitled to have the tour price refunded and must bear all the costs of travelling home.
2.10.3. Passengers shall be liable for any damage they cause to the tour operator or to third parties, either wilfully or through negligence, e.g. by breaching the above provisions.
2.10.4. Passengers must give the tour operator their contact details for both before and during the tour.
3. CONCLUSION OF THE CONTRACT AND PAYMENT OF THE TOUR PRICE
The contract will become binding for the passenger after the price of the tour has been paid in full within the time specified by the tour operator or as otherwise agreed. After paying the price of the tour, passengers have the right to receive the relevant travel documents well in advance of departure.
4. PASSENGERS' RIGHT TO CANCEL THE TOUR WITHOUT SPECIFIC REASON
Due to their exceptional nature, Finnair Holidays tours are covered by special terms and conditions whereby the fees for making changes and cancellations are regulated by exceptional rules such as the sales and booking terms of hotels, excursion and airport transfer providers, and airlines. Customers must contact Finnair Holidays customer service immediately in the event of cancellation or changes. Changes or cancellation of Finnair Holidays tours are handled on a case-by-case basis.
Ticketing for Finnair Holidays tours takes place automatically, immediately after the tour has been confirmed and paid for. Most flight types do not permit refunds to be made after ticketing in the event of changes or cancellation. There may be little or no chance of receiving a refund in such cases.
No refunds are granted for bookings that have not been cancelled. If customers do not utilise, or only partly utilise, an airport transfer or other service included in their booking, they shall not be entitled to a refund on these grounds. Moreover, customers may be charged due service charges for the change or cancellation. For the purpose of providing cancellation verification for insurance companies, service fees are charged according to the current list of service fees.
The charges for changing or cancelling supplementary services for which fees are payable, such as airport transfers or excursions, vary according to the operators’ sales and booking terms. Changes or cancellation of supplementary services are handled on a case-by-case basis.
4.1. Passengers' right to cancel the tour
Passengers have the right to cancel the tour without reason, in which case we charge the actual cost of the cancellation plus a reasonable surcharge for extra work performed due to the cancellation. Finnair Holidays tours are individually tailored and independent package tours based on scheduled flights, and are not founded on any pre-acquired quotas. Each individual booking is made separately and payment is completed within the agreed time period. For this reason, Finnair Holidays tours cannot be resold in the event of cancellation.
Customers are personally responsible for taking out travel insurance before the tour and checking its coverage.
4.2. Passengers' right to change the contract and transfer it to another person
Passengers have the right to change the passenger details in the booking or to transfer the travel contract to another person, in which case the tour operator shall have the right to charge a reasonable fee for the transfer.
4.3. Change of passenger details
Due to the exceptional nature of tours based on scheduled flights, changes to passenger details will result in cancellation of the original flight and booking of a new one. The price is determined by current prices, flight availability and seat availability at the time of making the change. Such changes incur significant expense, since the old ticket is non-refundable and the new ticket may be more expensive than the old one. The tour operator has the right to charge subcontractors’ actual expenses, as well as service charges according to Finnair Holidays’ valid list of service charges.
4.4. Transfer of the contract
Under the general package tour terms and conditions, the transfer of a Finnair Holidays tours contract to another person will result in the original flight ticket being cancelled and a new one being booked. The price is based on current prices, flight availability and seat availability at the time of making the transfer. The tour operator has the right to charge actual expenses resulting from the transfer, as well as service charges according to Finnair Holidays’ valid list of service charges.
5. PASSENGERS' RIGHT TO CANCEL THE TOUR DUE TO CHANGES MADE BY THE TOUR OPERATOR OR TO CIRCUMSTANCES AT THE TRAVEL DESTINATION
5.1. Passengers shall be entitled to cancel the tour if:
a) Either the outward departure time or the return time is postponed by more than 30 hours from the time originally agreed on.
b) The tour operator makes significant changes to the tour arrangements. Examples of significant changes include, for instance, changing a transport mode in a way that significantly prolongs the travel time, changing the travel destination or making a change that significantly reduces the quality of the accommodation.
c) The passenger has valid reason to believe that it will not be possible to carry out the tour as agreed without jeopardising his/her life or health due to war, natural disaster, strike or similar events at or near the destination. When assessing the grounds for the cancellation, the opinion of Swedish authorities will be taken into account.
d) The passenger has other valid reason to believe that there will be a major fault in the tour operator's performance.
5.2. The passenger must immediately inform the tour operator of the cancellation.
5.3. The rules regarding the right to cancel the tour due to price increase are mentioned under clause 9.4.
5.4. If passengers cancel the tour for any of the reasons mentioned above, they shall have the right to have the price of the tour refunded.
In the instances mentioned in clauses 6.1.a., 6.1.b. and 6.1.d., the passenger shall, alternatively, have the right to demand that the tour operator provide another equivalent tour for the same price paid by the passenger for the original tour. In addition, the provisions of clause 11.3. shall apply to the replacement tour.
6. PASSENGERS' RIGHT TO INTERRUPT THE TOUR AND RESCIND THE CONTRACT
6.1. Passengers shall have the right to interrupt the tour if:
a) The tour operator grossly breaches its obligations or commits such gross errors in implementing the tour that the tour does not fulfil its intended purpose. Passengers shall also have the right to rescind the contract after the end of the tour on these grounds; or
b) A situation referred to in clause 6.1.c. arises during the tour.
6.2. If the passenger interrupts the tour or rescinds the contract, he/she shall be entitled to a refund of the price of the tour and other payments made to the tour operator. If passengers have benefited from the tour operator's service, they must pay the tour operator an amount equivalent to the benefit they have gained.
6.3. If passengers interrupt the tour on any of the grounds specified in clause 7.1.a., the tour operator must, if necessary, arrange and pay for their return transport. The return transport must take the passenger to the tour's starting location, or to another agreed location, by the same transport mode originally agreed on.
6.4. If passengers are entitled to rescind the contract according to clause 7.1.a., they may, alternatively, demand that the tour operator provide another equivalent tour at the same price paid for the original tour. In addition, the provisions of clause 11.3. shall apply to the replacement tour.
6.5. If passengers interrupt the tour according to clause 7.1.b. and the tour operator does not help them arrange for repatriation according to clause 2.8., they shall be entitled to make the necessary arrangements themselves. In so doing, passengers must aim to minimise the costs and other damage caused to the tour operator.
7. PRICE CHANGES
7.1. After the conclusion of the contract, the tour operator shall be entitled to increase, or an obligation to reduce correspondingly, the agreed price of the tour on the following grounds:
a) Changes in taxes and other public charges that affect the price of the tour;
b) Changes in transport costs that the tour operator has no control over and could not have foreseen when the contract was concluded; or
c) Changes in exchange rates that affect the costs of the tour.
7.2. The price increase may not exceed the cost increase. The price must be reduced by at least as much as the costs have decreased. However, the price change must equal at least 2 percent of the price based on the cheapest accommodation option on the same tour and on the same departure date.
The tour operator must promptly inform passengers of the new price, specifying the reason for the price change and which parts of the tour it relates to.
7.3. The price of the tour may not be raised during the 21 days preceding the tour departure date. However, the tour operator is not required to lower the price during that period either.
7.4. If, after conclusion of the contract, the price of the tour is significantly increased to the passenger’s detriment, the passenger shall have the right to rescind the contract. The passenger must notify the tour operator of the rescission within one week of learning about the price increase.
8. THE TOUR OPERATOR’S RIGHT TO MAKE MINOR CHANGES TO THE TOUR PLAN
8.1. If the tour operator cannot adhere to the agreed tour plan due to circumstances beyond the tour operator's control, the tour operator shall have the right to change the hotel, the accommodation location or the transport mode and/or change the tour schedule or plan in ways that do not significantly alter the nature of the tour. Passengers must be notified of such changes as soon as possible.
8.2. Regardless of the changes mentioned above, passenger are still required to pay the price of the tour and other agreed fees, taking into account the provisions of clause 14.2. regarding their right to a price reduction.
9. THE TOUR OPERATOR’S RIGHT TO CANCEL AND INTERRUPT THE TOUR
9.1. The tour operator shall have the right to interrupt the tour if:
a) An insufficient number of participants have booked the tour and the tour operator has specified in the brochure or other information material relating to the tour that a minimum number of participants are required for the tour to proceed. The required number of participants may concern a particular tour or a series of tours to a particular destination. Passengers must be notified of the cancellation at least 21 days prior to departure.
b) The tour operator's ability to carry out the tour in the manner agreed is severely compromised after conclusion of the contract due to war, natural disaster, strike or similar events at or near the destination, or if other unforeseen circumstances make it impossible to implement the tour as agreed without jeopardising the passengers' life or health. Passengers must be notified of the tour's cancellation as soon as possible.
9.2. If a situation referred to in clause
11.1.b arises during the tour, the tour operator shall be entitled to interrupt the tour and make other necessary changes to the tour plan. After the tour, the tour operator must promptly refund passengers for the part of the tour's price that corresponds to the undelivered services.
9.3. If the tour operator cancels the tour pursuant to clause 11.1, the passenger shall have the right to demand that the tour operator provide another equivalent tour at the same price paid by the passenger for the original tour, provided this does not cause the tour operator undue expense or inconvenience.
If the price of the replacement tour is lower than the price originally agreed on, or if the replacement tour does not include the services originally agreed on, the difference in price or the part of the price corresponding to the undelivered services must be refunded to the passenger.
9.4. After cancelling the tour, the tour operator must promptly refund the amounts paid by the passenger if the passenger has not received a replacement tour as per clause 11.3. If the tour is cancelled on grounds cited in clause 11.1.a., the tour operator must also reimburse any expenses sustained by the passenger relating directly to the departure, which are rendered superfluous due to the tour’s cancellation.
10. THE TOUR OPERATOR’S RIGHT TO RESCIND THE CONTRACT
The tour operator shall have the right to rescind the contract if the passenger does not pay the price of the tour by the agreed payment deadline, provided the passenger has been given sufficient payment time. The document stating the payment time must also state that the tour operator has the right to rescind the contract due to payment default.
11. CUSTOMERS' DUTIES AND RESPONSIBILITIES
The passenger and the person making the booking are responsible for all bookings made through the web service, cancellations, changes and situations where the passenger makes a booking but does not use it or cancels the booking before the tour, and for any other costs.
The customer is responsible for checking the following before confirming and paying for the tour:
- The accuracy of the booking details (e.g. dates, selected flights, names written as they appear in the passport)
- The accuracy of contact details (passenger must be reachable before and during the tour)
- The passport’s validity and the requirement for visas or transit visas at the travel destination and/or the transit destination
- Information on necessary vaccinations and health regulations for different travel destinations is available from https://www.1177.se/Tema/Vaccinationer/
- Information about any exceptional situations in the destination countries is available from the Ministry of Foreign Affairs’ website: http://www.regeringen.se/uds-reseinformation/ud-avrader/
Customers' responsibilities after confirming and paying for the tour and during the tour:
- After purchasing a Finnair Holidays tour, customers must provide the tour operator with accurate personal contact details and notify the tour operator of any changes to these details.
- Customers are personally responsible for checking the flight schedule for possible changes before each leg of the journey, and for checking in for each flight on time. Customers can check their updated flight booking details via https://www.finnair.com under “Manage booking” by entering their last name and the flight booking reference.
- Customers are personally responsible for arriving on time at the hotel, at the airport transfer meeting point and at any excursion departure points as indicated in the vouchers. If customers notice any faults or deficiencies in the products or the provider’s services (e.g. flight delays, faults with hotels or other services), they must contact Finnair Holidays’ customer service as soon as possible after noticing the problem. Customers must comply with the instructions, rules and regulations of authorities, the tour operator, the hotel, additional service providers and transport companies involved in the tour's implementation.
- Customers must not behave in a way that disturbs others. If customers significantly neglect their obligations, they may be denied departure or removed from the tour. In that case, they shall not be entitled to a refund or compensation, and will be solely liable for all extra costs. Customers shall be liable for any damage they cause to the tour operator, transport companies or third parties, either wilfully or through negligence.
The tour operator shall not be liable if the customer is prevented from participating in or completing the tour for failing to have the necessary travel documents, or for any expenses incurred to obtain the necessary travel documents or for any damage caused by the customer’s behaviour.
12. THE TOUR OPERATOR’S RESPONSIBILITIES
The tour operator uses service providers, such as Finnair and hotels, airport transfer excursion booking centres, for Finnair Holidays tours. The tour operator has contracts with the service providers and is responsible for ensuring that customers receive the services included in the contract they have purchased. If customers do not receive the service they have purchased, they must contact the service provider directly or via Finnair Holidays’ customer service as soon as they are entitled under the contract to receive the service in question.
13. EXCURSIONS, ACTIVITIES AND AIRPORT TRANSFERS
13.1. Excursions and activities
Excursions and activities can be booked on the finnair.com website or via Finnair Holidays’ customer service when booking a Finnair Holidays tour. Excursions purchased as part of a Finnair Holidays tour are international excursions, and customers choose the date and guide language when booking the excursion.
Some excursions require a minimum number of participants. If there are too few participants, the provider of the excursion or activity reserves the right to cancel the excursion. The service provider may change the excursion route or cancel excursion if circumstances at the destination so require. For instance, the starting time and duration of an excursion may be changed due to traffic conditions.
Tips are not included in the excursion price. Customers are free to pay tips at their own discretion. If the excursion is free of charge for children and the bus is full, children must sit on a parent’s lap. Children’s meals must be paid for on location unless otherwise specified on the excursion voucher or in other instructions. The service provider is entitled to interrupt an excursion if the customer’s behaviour is causing a disturbance. Any items left in a vehicle by a customer are the customer’s own responsibility.
Excursion participants must follow the instructions and rules given by the service provider and should arrive at the meeting point indicated on the voucher in good time before departure. If customer have difficulty finding the meeting point, they should immediately contact the customer service of the service provider indicated on the voucher, or Finnair Holidays’ customer service.
13.2. Airport transfers
An airport transfer can be booked on the finnair.com website or via Finnair Holidays’ customer service when booking a Finnair Holidays tour.. A transfer purchased in advance must be booked for all passengers included on the same booking. Prices and availability of transfers vary according to the vehicle, travel destination and accommodation. When booking the airport transfer, customers choose the type of transfer, e.g. shuttle or private transfer, as well as the pick-up time and place, if necessary.
Children less than 135 cm tall or under 12 years old must use a child seat during transfers. If a child seat is not available in the vehicle, the driver’s instructions must be followed. It is not possible to child seats on shuttle transfers, so children must sit on an adult passenger’s lap. A seat must be booked for children over 3 years of age. Children under 3 years of age can sit on an adult’s lap on private transfers if no child seat is available. On private transfers where children have their own seat, they must be included in the total number of passengers in the transfer.
If a passenger or passengers behave in a way that causes disturbance, they may be refused transport. Alcohol consumption is not permitted during the transfer. It is not permitted to board an airport transfer under the influence of alcohol or other substances. If any damage is caused by a customer under the influence of alcohol or other substances, he/she shall be liable for all resulting costs.
Each passenger has the right to bring one suitcase and one piece of carry-on baggage on the airport transfer. If you need to bring more bags or other items such as sports equipment, pets or large or heavy baggage, please contact Finnair Holidays’ customer service.
Customers must comply with the rules and instructions given by the transport company. If customers have problems, e.g. difficulty finding the transfer departure point, they should immediately contact the customer service of the service provider indicated on the voucher, or Finnair Holidays’ customer service.
14. FAULTS AND COMPLAINTS
14.1. The tour operator's performance shall be regarded as substandard if:
a) The tour does not correspond to what has been, or can be deemed to have been, agreed on in terms of services and other arrangements.
b) The tour operator fails to provide passengers with the information required under the Package Tours Act regarding the terms and conditions that apply to the tour, the tour content, necessary travel documents, health regulations relevant to the tour, transport connections including timetables, and any other information that passengers need, such as instructions in the event of illness, accidents or similar occurrences during the tour, in such a way as to have influenced the passengers' decisions, or
c) The tour operator fails to provide the obligatory assistance described in clause 2.8.
14.2. However, substandard performance does not include minor changes or faults that the passenger could reasonably have anticipated given the characteristics of the travel destination or the nature of the tour, and which do not significantly impact the tour as a whole.
14.3. Neither does substandard performance include late arrival at the travel destination or premature departure, provided the change is for reasons beyond the tour operator's control, and provided the stay at the destination is shortened by no more than 6 hours on tours of 3 to 5 days, no more than 8 hours on tours of 5 to 8 days, and no more than 12 hours on tours of more than 8 days.
Passengers shall lose the right to lodge complaints if they do not notify the tour operator of the fault within a reasonable time after they discover, or should have discovered, the fault. Faults that can be remedied at the destination must be reported to the tour guide or the tour operator’s local representative as soon as possible.
If the tour operator has no guide or other representative at the travel destination, passengers may also report the fault to the tour operator’s subcontractor responsible for the fault (e.g. the hotel).
This does not affect the passenger's right to lodge complaints if the tour operator or the tour operator’s subcontractor has acted with gross negligence or in breach of honest practice.
15. FAULT CORRECTION AND PRICE REDUCTION
15.1. Fault correction
The tour operator must promptly remedy the fault at the tour operator’s own expense. However, the tour operator may refuse to remedy the fault if doing so would cause undue expense or inconvenience to the tour operator. Moreover, the passenger may refuse to allow the tour operator to remedy the fault if having the fault remedied would significantly inconvenience the passenger.
15.2. Price reduction
If the fault is not promptly remedied at the tour operator's expense, or if the fault cannot be remedied, passengers shall be entitled to a price reduction proportionate to the significance of the fault.
If passengers do not utilise transport or other services included in the tour, or only partly utilise them, they shall not be entitled to a price reduction on these grounds.
16.1. Passengers shall be entitled to compensation for any personal injury, material damage or financial loss they sustain due to a fault on the part of the tour operator if the fault, injury or damage was caused by the tour operator's negligence or that of a subcontractor (e.g. transport company or hotel) engaged by the tour operator to fulfil the obligations under the contract. To avoid such liability, the tour operator must prove that it did not act negligently.
16.2. Damage for which compensation is due includes extra costs and expenses that have become redundant because of the fault, loss of income due to a delayed homeward journey and extra accommodation costs.
16.3. Pursuant to clause 15.1., passengers are also entitled to compensation for lost luggage or for having limited use of the luggage because it is lost. Passengers are entitled to compensation for having limited use of their luggage due to delayed luggage transport, if the delay is deemed to have inconvenienced them with consideration to the length of the delay and other related circumstances.
16.4. Passengers must aim to limit the extent of the damage as far as possible. The tour operator shall have no liability for damage caused by passengers' own actions. The damages can be adjusted if they are deemed unreasonable based on factors such as the passenger's partial responsibility, the tour operator's inability to foresee and prevent the damage, etc.
16.5. Liability for damage occurring during air, sea or rail transport shall be determined according to the regulations or contracts applied by the transport company acting as a subcontractor. In determining the tour operator’s liability, the Swedish Maritime Act (1994:1009) shall apply to sea transport, and the Railway Transport Act (1985:192) or the provisions of the Convention concerning International Carriage by Rail (COTIF) shall apply to rail transport. Liability for damage arising during air transport is generally determined according to the Montreal Convention and Council Regulation (EC) No. 2027/97. If the provisions of the Montreal Convention or the Council Regulation are not applicable to the transportation, liability shall be determined according to the Warsaw Convention and the Swedish Aviation Act (2010:500).
16.6. Force majeure
The tour operator shall not be liable for damage caused by force majeure or other unforeseen events that the tour operator or the tour operator's subcontractor could not have prevented even with the utmost care. This includes war, natural disaster, contagious disease, strike or other similar events.
The tour operator must promptly inform passengers of force majeure events and aim to limit the inconvenience to passengers as far as possible.
17. COMPENSATION CLAIMS AND DISPUTES
17.1. Any complaints or compensation claims regarding Finnair Holidays tours must be submitted to Oy Aurinkomatkat – Suntours Ltd Ab. Customers must save all documents and receipts relating to additional costs, record the relevant times and dates and specify the names of the persons who handled the case.
17.2. If a dispute regarding a package tour contract cannot be settled through negotiation between the parties, consumers can refer the matter to the National Board for Consumer Disputes (www.arn.se). Passengers can also refer the dispute to the District Court in their town of residence.
These terms were created on 9 October 2017 and are valid until further notice.
IMPORTANT INFORMATION ABOUT HOTELS AND FLIGHTS
- Availability is based on the information in an international hotel bookings centre. Hotel booking centres are responsible for the accuracy of hotel photos and descriptions. Hotel ratings are based either on the hotel’s own rating system, or on a service provider’s country-specific rating system.
- In three- or four-person rooms, beds will be made for that exact number of people. At some hotels, accommodation is provided in double rooms with extra beds (e.g. a sofa bed), and the room may not be equipped with three or four separate beds. Extra beds are usually not available in the USA, in which case three- or four-person rooms are equipped with two sets of twin beds.
- Any claims or complaints about the hotel, its rooms or services must be made without delay to the hotel’s reception, or to Finnair Holidays’ customer service.
- In accordance with international practice, guests should check in to hotels by about 3 p.m. on arrival day and check out by 12 p.m. on departure day. Check-in and check-out times may vary between hotels.
- If the departure flight arrives at the destination during the night or the morning after departure date, the booking will not include accommodation on the night of arrival. If you wish to book accommodation for the night of arrival, please contact Finnair Holidays’ customer service. If the return flight departs after midnight, the price includes overnight accommodation until the following day.
- Hotels may ask for a credit card guarantee at check-in, even if the accommodation has been paid for in advance and the passenger has a hotel voucher. The card will only be charged if there are any additional costs (e.g. mini bar). Alternatively, these costs can be paid at the desk at checkout. If the passenger has no credit card, the deposit can usually be paid in cash.
- Young passengers should bear in mind that not all hotels accommodate minors travelling alone. Hotel chains in the USA in particular may refuse to accommodate unaccompanied minors. Persons aged under 21 are regarded as minors in the USA. In other countries, the age limit may vary between 18 and 23 years according to the hotel chain. Check the age limits via Finnair Holidays’ customer service before making your booking.
- Availability depends on the route and schedule options of scheduled passenger airlines.
- Airlines have the right to change flight schedules and routes before and during the tour. In the event of flight delays or overbookings in the EU area, EU regulations regarding delays and involuntary denied boarding apply.
- Flights must be used in the order specified in the booking. If the first flight is not used, all subsequent connecting and return flights will automatically be cancelled.
- The airline accepts no responsibility for connecting flights on different tickets.
- Airlines are not responsible for other airlines’ connecting flights when the flights are not on the same ticket. Any baggage must be checked in again at the destination where the ticket changes.
- Swedish aviation authorities provide information and regulations regarding permitted items in baggage. Instructions are available on the Swedish Transport Agency website: https://www.transportstyrelsen.se/sv/luftfart/Flygresenar/Bagage/Vad-far-jag-ta-med-mig-ombord/
- Airlines make every effort to satisfy special requirements regarding seats and meals requested at the time of the booking. Not all airlines provide free meals and drinks during the flight, nor do all airlines cater for special dietary requests even if they serve a free meal during the flight.
- Airlines establish the minimum connection times at each airport and terminal in collaboration with airport officials. The international flight booking system that we use, which is maintained by airlines, does not allow flights to be booked with connection times that are below the permitted minimum. The booking system does not make allowances for unforeseen flight delays.