OmniaResor follows general conditions for package holidays which the Swedish consumer agency and the travel and tourist industry association have accepted.
The Consumer Agency, on one hand, and the Swedish Travel and Tourist industry Association, on the other hand, have have entered into the following agreement to be valid from 1993-02-02. Paragraph 5.5 has been amended and paragraph 5.6 has been added to the agreement between the parties 1994-08-30.
1.1 The organizer is responsible to the passenger for what he has the right to require as a result of the agreement. The responsibility also applies to such achievements to be performed by someone other than the organizer. If the seller is a party in the agreement, he is responsible to the passenger in the same way as the organizer.
1.2 Details in the organizer's catalogues and brochures are binding for the organizer. An organizer may, however, change the information in the catalogues or brochures before an agreement has been reached. However, this could only happen if an explicit reservation about it has been made in the catalogue or the brochure, and if the passenger is clearly informed of the changes.
1.3 The organizer shall keep the passenger informed of issues relevant to the passenger that are related in the agreement.
1.4 Transfer is only included in the agreement if it is sold or marketed together with the main arrangement for a common price, or for separate prices linked to each other.
1.5 The agreement is binding for the parties when the organizer has confirmed the passenger's order in writing and the passenger within the agreed period of time has paid the registration fee as instructed by the organizer. The organizer should confirm the traveller's order without delay.
2.1 The passenger will pay for the tour at the date stipulated in the contract.
2.2 The organiser can not require the final payment of the tour earlier than 40 days before departure, unless otherwise agreed.
2.3 The organiser may, in connection with the confirmation, charge a first instalment (registration fee).The registration fee shall be reasonable in relation to the price of the tour and the circumstances in general.
2.4 If the passenger fails to pay as stipulated in the agreement, the organizer has the right to terminate the contract and keep the registration fee as compensation unless this is unreasonable.
3.1 The passenger has the right to cancel the trip in accordance with the following:
3.1.1 If the cancellation occurs earlier than 30 days before departure a payment corresponding to 5% of the tour's price will be paid, though a minimum of 200 krona.
3.1.2 If the cancellation is made later, but still more than 14 days before departure, a payment corresponding to 15% of the trip price will be paid.
3.1.3 If the cancellation is made later, but still more than 24 hours before departure, a payment corresponding to 50% of the trip price will be paid.
3.1.4 If the cancellation is made within 24 hours of departure, the passenger must pay the full tour price apart from possible tax.
3.1.5 For so-called car packages (travel by private car, connecting ferry and accommodation in a cottage or apartment), the traveller must pay the full price of the trip in the event of cancellation later than 30 days before departure.
3.2 If clients has taken out cancellation insurance, the passenger in the cases referred to in paragraphs 3.2.1 - 3.2.3 has the right to cancel the trip without any cost apart from the expedition fee from the organiser's catalogue or brochure. The expedition fee may be up to 5% of the price, and a maximum of 200 SEK. Whatever the passenger paid for the cancellation insurance is not reimbursable.
3.2.1 If the passenger or his/her spouse / partner, the passenger's or his/her spouse’s or partner’s direct ascendants or descendants or siblings or persons with whom the passenger jointly commissioned the trip before departure, but after the agreement became binding for the passenger in accordance with paragraph 1.5 becomes seriously affected by ill-health, a deterioration in ill-health or accident, and this event is of such nature that the passenger can not possibly carry out the journey.
3.2.2 If another event affecting the passenger after the agreement became binding in accordance with paragraph 1.5 and if the incident is of such restrictive nature of the passenger that it is not reasonable to require that the traveller will implement the journey. The passenger will not have been able to prevail over the incident and whether known or should have been aware of this when the trip was ordered. Such intervention event is for example a fire in your own home.
3.2.3 If the person with whom the passenger jointly commissioned the trip cancelled its trip pursuant to paragraphs 3.2.1 or 3.2.2, and it is unreasonable for the passenger to carry out the journey without the other person's company.
3.2.4 Passengers who booked accommodation with the common person who cancelled the trip pursuant to paragraphs 3.2.1 - 3.2.3 shall receive the accommodation of the same standard that under the agreement on the agreed or equivalent hotel / facility, in a room / apartment, which is the size adapted to the remaining number of travellers in the party. Remaining passengers will be eligible to against payment of the alleged organiser of the addition to keep the originally booked accommodation option. In the case of package tours by bus, boat, train or scheduled flights, the passenger in the case above in this paragraph, the payment of the supplement provided under the applicable pricelist is payable on accommodation with a higher standard, such as single rooms instead of doubles.
3.2.5 The passenger must cancel the trip as soon as possible after the reason for the cancellation rises. The basis for the cancellation shall be reliably substantiated by medical and / or relatives certificate.
3.3 Cancellation must be made in the manner set out in the catalogue, brochure or travel tickets.
3.4 After the cancellation, the amount that the traveller is due as above will be refunded without delay.
4.1 The passenger may transfer the contract to someone who fulfills all the conditions to participate in the trip. Such a condition can for example be that the transfer company or any other that the organizer has engaged according to the current rules must accept the change of passenger. The passenger must in due time before departure inform the organizer or the seller of his intention.
4.2 When the agreement/the contract is transferred to another person, the transferor and the acquirer is severally liability of the other party in the agreement for what remains to be dur for payment for the trip, and for the additional costs, with a maximum of 200 SEK, which may arise as a result of the transfer.
5.1 The organizer´s right to change the terms of the contract.
The organizer may change the terms of the contract to the passengers disadvantage only if it is clear in the agreement that this may happen. The price can only be increased if the agreement clearly states how the new price is to be determined.
5.2 The traveller´s right to withdraw from the contract
The traveler may terminate the agreement if the organizer explains that he will not fulfill what he committed and the breach of the contract is essential to the passenger. The passenger may also withdraw from the agreement if the contract terms change significantly to his detriment. If the organizer intends to break the agreement, or if he wants to change the terms of the contract, he shall notify the traveller as soon as possible, and then inform the passenger of his or her rights to withdraw from the contract as stated in the first paragraph. The passenger shall, within a reasonable time, inform the organizer or the seller should he wants to withdraw from the contract. If he doesn’t, he loses his rights to withdraw.
5.3 The traveller´s right to substitute trip If the traveller withdraws from the agreement in accordance with paragraph 5.2, he has the right to another travel package that is of equal or higher quality, if the organizer or the seller can offer this. If the traveller accepts an inferior substitute trip, he has the right to compensation for the difference in price. If the traveler refrains from his right to a substitute trip, or that such cannot be offered, he must immediately be reimbursed what he has paid in accordance with the agreement. The first and second paragraph also apply if the organizer is cancels the trip without this being the fault of the passenger..
5.4 The traveller´s right to compensation
If the organizer suspends a tour in such cases as described in paragraph 5.3, the traveller is entitled to compensation from the organizers, if it’s reasonable. The right to compensation because the organizer cancelled the trip is not relevant if the organizer can prove that: 1 Fewer than the minimum number of travellers in the agreement have registered for the trip and that the traveller has been informed of the cancellation at least 14 days before departure that the trip is cancelled (when travelling with a maximum duration of 5 days, the passenger will be informed within 10 days of departure), or 2, or that the trip couldn’t be implemented because of an obstruction outside the organizer´s control which he could not reasonably have expected when the agreement was signed and whose consequences he could not reasonably have avoided or overcome. Is it cancelled because of someone who is hired by the organizer, the organizer is free from liability in accordance with the first paragraph 2 only if the person hired is also free due to that paragraph. The same applies if the cause is related to another person in an earlier stage.
5.5 Amendment of the price
If a price increase occurs for the organizer after the agreement, in accordance with paragraph 1.5, has become binding for the parties, the organizer may raise the price of the trip by an amount equal to the cost increases if these are due to: 1. Changes in the transportation costs, 2. Changes in taxes, duties or fees for services that are included in the trip, or 3. Changes in the exchange rates that affect the organizer’s cost of the trip. The right of price increases due to 1 and 3 above applies only if the cost increases exceed 60 SEK. The price cannot be increased in the last 20 days before the agreed departure. The organizer shall, as soon as possible, inform the traveller about the changes in price. The trip’s price shall be reduced if the organizer´s expenses earlier than 20 days before the agreed departure for the same reasons as above, are reduced. In the case of cost reductions in accordance with 1 and 3 above, the price shall only be reduced reduction exceeds 60 SEK.
5.6 The organizer’s and the traveller’s right to withdraw from the agreement at intervention events, etc
The organizer and the traveller have the right to withdraw from the agreement if after the agreement became binding on the parties accordance with paragraph 1.5 at or near the destination or along the planned route occurs a disaster, an act of war, general strike or other intervention event, which substantially affects the trip´s implementation or conditions at your destination at that time when the trip will be implemented. In order to determine whether the incident is of such a serious nature as stated above, shall Swedish experts or international authorities be consulted.
6.1 Cancelled performances
If after the departure a significant proportion of the service cannot be provided, the organizer shall arrange suitable replacements without any extra expense to the traveller. If the organizer cannot arrange suitable replacements or that the traveller rejects the arrangement on acceptable grounds, the organizer, if it is reasonable, at no extra expenses to the traveller provide equivalent transport back to the place of departure or to another place which the traveller accepts. If a change in the agreement in accordance with the first or second paragraph involve a change for the worse for the traveller, he is, if it is reasonable, entitled to a price reduction and damages.
6.2 Other errors and shortcomings
In the case of other errors in the contractual services, other than those specified in 6.1, the traveller is entitled to a price reduction and damages, unless the error is due to him. The traveller is not entitled to damages, if the organizer can show that the error is due to a impediment outside the organizer's control which he could not reasonably have expected when the agreement was signed and whose consequences he could not reasonable have avoided or overcome. If the error is due to someone that is hired by the organizer, the organizer is free from liability in accordance with the second paragraph only if the person hired also is free in accordance with the paragraph. The same applies if the cause of the error is related to another person at an earlier stage. In the event of error that has its basis in the circumstances described in the second or third paragraph, the organizer shall immediately give the traveller the necessary assistance.
6.3 The damage extent
Damages under these conditions include, in addition to compensation for pure property loss, compensation for injury and damage to property. Damage covered by the provisions of the Law of the sea (1994:1009), the Law of Air (1957:297), the rail traffic Law (1985:192) or the Law (1985:193) on international rail services is to be provided in accordance with the laws instead of under those conditions. The organizer, however, is always liable to compensate the traveler for what he is entitled to claim under the said laws. It is the responsibility of the passenger as far as possible to limit the damage.
7.1 The traveller may not invoke an error in what he has the right to demand as a consequence of the agreement; if he does not within a reasonable time after he noticed the error inform the organizer or the seller about the error. This should, if possible, be at their destination.
7.2 Notwithstanding 7.1, the traveller can invoke an error, if the organizer or the seller has acted very negligently or in breach of good faith.
7.3 If the traveller makes complaints that are not unfounded, the organizer or their local representative is obliged to take measures to find an appropriate solution
8.1 The organizer's instructions etc.
The traveller is obliged to follow the instructions for the trip implementation provided by the tour operators or by any other person that the organizer hires. The traveller is obliged to respect the code of conduct applicable to the trip and for the transport, the hotels etc and to behave so that travelling companions or others are not disrupted. If the traveller in a material way is in violation of this, the organizer can terminate the agreement.
8.2 The traveller's liability in case of damage
The traveller is responsible for the damage he causes the organizer by negligence, such as by failing to follow the instructions and the regulations. It is the traveller's responsibility to pay for the damage that is legally based against someone that the organizer has hired to assist in the implementation of the trip.
8.3 Passports, visas, health regulations, etc.
Before the agreement is entered into, the organizer or the seller shall as appropriate, inform the traveller about the health measures that will be applicable during the trip and, as far as they’re relevant for the trip, what applies in the case of passport and visas for citizens of countries of the European Economic Area. The traveller however is solely responsible to take care of the necessary formalities for the trip implementation, such as possession of valid passport, visas, vaccinations and insurance. The traveller is solely responsible for all costs incurred as a result of the shortcomings of the formalities, such as repatriating because of the absence of a passport, unless the deficiencies are caused by incorrect information from the organizer or the seller.
8.4 Dissenting from the arrangement
Travellers that after the trips has commenced deviate from the arrangement are required to notify the organizer or his agent. The traveller shall at least 24 hours before the stated time for return contact the organizer for confirmation of the information of the journey home.
The parties should try to resolve the dispute when it comes to the interpretation or the application of the agreement through negotiations. If the parties fail to come to an agreement, the dispute can be examined by the general board or by a general court of law.
OmniaResor
Stora Gatan 44, 722 12 Västerås
E-mail: info@omniaresor.se