Bedingungen

1. General 

1.1. These Terms and Conditions apply when entering into an agreement to rent holiday homes and/or additional services between tenants and Imarsundet AS, as a provider of holiday homes and additional services. 

1.2. Information given on the internett or other marketing material from Imarsundet AS and in the travel documents, together with these general terms and conditions, constitutes the whole agreement between Imarsundet AS and the tenant. The agreement terms shall,upon contradiction, supersede information given in other documents. Imarsundet AS does not warrant for any information provided by any third party. 

1.3. The agreement is binding between the parties when the tenant has received a booking confirmation. 

2. Payment 

2.1. When ordering, the first fee of 20% of the total price for payment is due in January for the year in which the agreement is entered into. (Is booking for 2022, the payment is in January 2022.) Imarsund as sends invoice to the customer in January for the year the booking is valid. . Second instalment on 80% of the total amount is due for payment 60 days prior to the rental period, and must be received by Imarsundet AS the latest at this date. 

2.2. When booking 60 days prior to the rental period or later, the total cost of service is due for payment immediately after the conclusion of the agreement. 

2.3. Imarsundet AS do not assist the tenant with the booking of transport, 

2.4. If the payment terms in Section 2.1 to 2.4 are not met, this will be considered a material breach and justifies Imarsundet AS to cancel the agreement. Imarsundet AS will attempt to notify the tenant before the agreement is cancelled. The tenant’s payment obligation is governed by section 4 Cancellation. 

2.5. All payments / bills must be paid in Norwegian kroner. The customer is responsible for currency differences both when paying and when repaying back to the cosutmer from Imarsundet as. 

2.6. An additional fee may apply for payment in foreign currency (NOK). This fee is not included in the rental amount, and must be covered by the customer. 2.7. Imarsundet AS reserves the right to change the price agreed in the contract that could not be foreseen, in case of changes in tax and fee regulations made by the government. 

3. Changes 

3.1. Provided there are at least 61 days to the agreed date of arrival, and that there are available booking alternatives, the tenant is entitled to change the booking. Changes can not entail the rental amount to be less, and the change must be within the same year and to the same destination as the original booking. Fee per change is NOK 300. 

4. Cancellation 

4.1. Cancellations must be in writing and is valid from the day it is received by Imarsundet AS. 

4.2. Any cancellation of booking requires the following fees: 4.2.1 If cancelled earlier than 60 days before the rental period starts, the tenant shall pay a cancellation fee of 20% of the total amount due under the agreement. 

4.2.2 If cancelled 59 to 45 days before the rental period starts, the tenant shall pay a cancellation fee of 30% of the total amount due under the agreement. 

4.2.3 If cancelled 44-30 days before the rental period starts, the tenant shall pay a cancellation fee of 50% of the total amount due under the agreement. 4.2.4 If cancelled from 29-18 days prior to the rental period starts, the tenant shall pay a cancellation fee of 80% of the total amount due under the agreement. 

4.2.5 If cancelled from 17 days prior to and until the rental period starts, the tenant shall pay a cancellation fee of 90% of the total amount due under the agreement. 

4.2.6 Cut-off time for the above days is the preceding midnight. 

4.3. If the tenant can get another person to take over the rental agreement in the same period and at the same price, and this person is accepted by Imarsundet AS in writing, the rental agreement can be transferred to this person for a fee of NOK 500. The same applies to agreements concerning additional services directly offered by Imarsundet AS. Imarsundet AS can reject the change of travelling person, if the replacement participant is not suitable for the special travel requirements or his/her participation is opposed by statutory provisions or regulatory actions. The replacement person and the original tenant shall be jointly and severally liable to Imarsundet AS in respect of the travel price and all additional costs arising as a result of a third party entering into the contract. 

4.4. The tenant must himself arrange for travel insurance and / or cancellation insurance to cover any costs as a result of illness or other circumstances that prevent the tenant from making use of the booked holiday home and / or additional services. Imarsundet AS is unfortunately not able to provide travel insurance/ cancellation insurance to individual resident outside Norway. Imarsundet AS is only able to provide boat insurance to individual resident outside Norway. Imarsundet AS recommends that people living in an EU / EEA country, carry their European Health Insurance Card (EHIC) for the entire journey, as well as travel insurance. In the event of cancellation of the stay, the actual cancellation shall be notified to Imarsundet AS, while a claim for financial compensation shall be directed to the insurance company. 

5. The tenant’s responsibilities 

5.1 The tenant shall treat the property and inventory, and any other material that is available for the tenant, properly. The holiday home and all other material that are handed to the tenant shall be returned in the same condition as it was at the takeover. 

5.2 The tenant is obliged to leave the holiday home in a tidy and thoroughly cleaned condition. The tenant shall in particular pay attention to cleaning of the refrigerator, freezer, stove, oven, grill, bathroom and sanitary installations. The holiday home must be left in the same condition as one would like to acquire it. Costs for missing or inadequate cleaning will be billed the tenant. Even if the tenant has booked final cleaning, this does not exempt the tenant to arrange the dishes, empty the refrigerator and tidy in and around the holiday home before departure. 

5.3 The tenant is obliged to compensate any damage caused to the property, residence with inventory, boats, engines, equipment etc. and has a corresponding liability for such damage caused by persons participating in the rent or which the tenant otherwise provides access for to the properties. 5.4 The tenant may upon arrival be required to submit a deposit for a total amount of NOK 3000 (ca. € 300) per unit included boat. The deposit will be repaid to the tenant when the tenant returns the unit and the boat in the agreed condition. 

5.5 It is the tenant's responsibility to hold the appropriate certifications in accordance with Norwegian law to operate a boat. It is the tenant's responsibility to acquaint themselves with Norwegian law on fishing tourism in Norway. Read more:https://www.fiskeridir.no/Turistfiske 

6. Arrival and departure time 

6.1. Arrival time is at 14.00h, departure time is at 10.00h, unless otherwise stated on in the travel/booking documents. If arrival or departure is between the hours of 23.00h and 07.00h, the tenant may be required to pay a fee of NOK 600 upon arrival at the destination. 

7. Defects, complaints and remedies 

7.1. Any complaints must be notified the local holiday home owner immediately and at the latest within 48 hours after the rental period starts or the discovery of the damage/defect, and in any case before the end of the tenancy. If the damage/defect is not or may not be rectified on site, a written complaint must be sent Imarsundet AS within 30 days after the rental period ends. Imarsundet AS is obliged to answer the tenant within 6 weeks after the complaint has been received. 

7.2. There is a defect if the holiday home differs from what is agreed or assumed in the contract and this is not caused by the tenant or due to circumstances on his part. Deviations from the agreed is however not considered a defect if it is of minor importance, or are of a kind the tenant must assume may occur from time to time. The same applies to differences in natural conditions Imarsundet AS or the holiday home owner neither knew of nor could have knowledge of or control over. 

7.3. Some differences in quality, location, equipment, etc. between the different holiday homes at each resort must be expected. Furthermore, some difference between the homes depicted in marketing materials and the holiday home the tenant actually is assigned must be expected. Such differences do not constitute a defect. The fact that other tenants have a holiday home with a different quality, location, equipment etc. than tenants' holiday home, does not constitute a defect in the tenant's holiday home. 

7.4. The tenant undertakes to contribute to minimizing damages, defects and flaws, and help to keep losses as low as possible for the holiday home owner and Imarsundet AS. Imarsundet AS shall be allowed a reasonable time period to correct or remedy any damage or defect. 

7.5. Imarsundet AS reserves the right to, if possible, and in Imarsundet AS’ sole discretion, to remedy any damage or defect by repositioning the tenant to another holiday home of similar price and quality. 

7.6. Imarsundet AS is only liable for direct economic loss incurred by the tenant. Imarsundet AS cannot be held liable for indirect loss (consequential damages) or damage of non-financial nature (ideal damage). Compensation cannot be claimed for any loss or damage caused by the tenant's own negligence or condition. 

8. Imarsundet AS’ responsibility 

8.1. Imarsundet AS offer rental of holiday homes, and is not the owner of all of these. Imarsundet AS represents the holiday homes owners’ interests in connection with execution of the rental agreement. In the unlikely event that a rental agreement is not able to be carried out due to reasons beyond Imarsundet AS’ control, that could not reasonably have been expected to be taken into account when the agreement was concluded, and that Imarsundet AS could not have avoided or overcome the consequences of, Imarsundet AS can cancel the rental agreement with repayment of the already paid rent. Imarsundet AS will, however, if possible, and in Imarsundet AS’ sole discretion, offer the tenant a similar holiday home in the same area and at the same price. 

8.2. Imarsundet AS is not liable if the journey is incomplete as a result of obstacles mentioned in Section 8.1 that occurs after the journey has begun. If the journey is cut short by Imarsundet AS due to such conditions, or the tenant cancels it due to such conditions, the tenant will nevertheless be entitled to a proportionate price reduction. Imarsundet AS is, to the extent possible, obliged to eliminate any risk or inconvenience to the tenant. 

8.3. Neither Imarsundet AS nor the holiday home owner can be held liable for loss arising from theft or other external influences which may affect the tenant's personal belongings, etc. 

9. Data Protection 

9.1. Imarsundet as complies with the data protection legislation in force at all times (GDPR). Only the personal data necessary is processed by Imarsundet as and our partners, which include booking companies, data storage suppliers and hosting company. Imarsundet as also processes personal data to be able to provide you with special offers, service and information via email, phone, letter and newsletter. We may also process your personal data for promotional purposes. 

10. Force majeure 

10.1. If the implementation of the rental is made difficult or impossible due to force majeure events, such as war, natural and pollution disasters, epidemics, closed borders, traffic conditions, arrest in the currency trade, strikes, lockouts, and similar conditions, which could not have been foreseen when the agreement was concluded, Imarsundet AS and/or the holiday home owner may cancel the agreement. Neither Imarsundet AS nor the holiday home owner can be held liable for any loss incurred as a result of such cancellation. Imarsundet AS is obliged to take the required actions, in particular, if the contract comprises return journey to ensure the tenant returns home. The additional costs for such a return journey are to be borne equally by Imarsundet AS and the traveller. In all other cases the additional costs will be borne by the tenant. 

11. Miscellaneous 

11.1. Imarsundet AS’websites, catalogues and other marketing materials are all subject to errors. Imarsundet AS is not economically liable for any typographical or other unconsciously misinformation which may cause damage to the tenant. 

11.2. Disputes between tenant and Imarsundet AS shall be resolved amicably. If the tenancy is a package travel under the Package Tours Act § 2-1 (i.e. if the agreement includes additional services in addition to rental of holiday homes), the tenant may bring disputes with Imarsundet AS before the Package Tribunal free of charge, see www.pakkereisenemnda.no. Mvh Imarsundet as v/Tommy Myhren. Ørbogvegen 292. 6590 Tustna. Tel : +47 909 35 664. booking.imarsund@gmail.com