1. Contract and Booking

Your contract is with Svalbard Photography AS, organisation number 930 163 562, Longyearbyen, Svalbard, Norway.

A binding agreement is created when we confirm the booking in writing. The booking confirmation, relevant product description, these Terms and Conditions and any written information specifically provided before confirmation form the contractual basis.

The person making the booking confirms that they are authorised to act for every participant included in the booking and accepts responsibility for communicating all relevant information to them.

You must check the booking confirmation immediately and inform us without delay of any incorrect names, dates, activities or participant details.

Conditional requests are binding only where expressly accepted by us in writing.

2. Payment

The full price of an individual day tour or activity is payable at the time of booking unless otherwise stated in writing.

A booking may be cancelled where payment is not received by the stated due date. Any cancellation charges applicable under Section 4 remain payable.

Payments may be made using the payment methods stated on the invoice, booking page or written confirmation. Bank transfers must be initiated sufficiently early for cleared funds to reach us by the due date.

3. Changes and Transfer of Booking

Requests to change a confirmed booking must be submitted in writing and are subject to availability.

We may charge an administration fee of NOK 350 together with any additional supplier costs or price difference resulting from the requested change.

A participant may transfer their place to another person where:

• the replacement participant satisfies all requirements for the activity;
• we receive written notice at least 22 days before the activity;
• all outstanding balances, additional costs and the NOK 350 administration fee are paid; and
• the replacement participant accepts these Terms and Conditions.

The original and replacement participant remain jointly responsible for all amounts arising from the transfer.

4. Cancellation by the Guest

Cancellation must be submitted in writing by email or another written communication method accepted by us. Cancellation takes effect when received.

Based on the start date of the earliest activity included in the booking, the following cancellation charges apply:

No refund is payable for unused services, late arrival, voluntary withdrawal after the activity has started or failure to attend.

5. Changes or Cancellation by Svalbard Photography AS

Arctic activities may be changed, delayed or cancelled due to weather, visibility, sea conditions, ice, avalanche risk, wildlife, mechanical issues, road conditions, illness, official restrictions or other safety and operational considerations.

We may change the route, timing, vehicle, vessel, guide, activity content or meeting point where reasonably necessary. Safety takes priority over the advertised itinerary.

We may also cancel an activity where the minimum number of participants is not reached.

Where we cancel an activity and no suitable alternative is accepted, the amount paid for the cancelled activity will be refunded. We are not responsible for independently booked flights, accommodation, transport, meals or other consequential costs unless mandatory law requires otherwise.

6. Prices, Taxes and Fees

Prices are stated in NOK unless another currency is expressly specified. The applicable price is the price confirmed at the time of booking.

We may correct obvious pricing errors and may change prices for unsold activities at any time.

Taxes, duties, public charges or mandatory fees introduced or changed by authorities may be added where permitted by law. You will be informed of any material change before it becomes binding.

7. Safety and Participation

Participation in activities on Svalbard may involve cold, wind, snow, ice, uneven terrain, sea travel, wildlife and limited access to medical and emergency services.

You must follow all instructions given by guides, captains, drivers, crew, authorities and other responsible personnel.

We may refuse or terminate participation where a guest:

• presents a safety risk to themselves, others, property or the environment;
• fails to follow instructions;
• is intoxicated or behaves disruptively;
• does not meet stated age, fitness, clothing or equipment requirements; or
• has provided incomplete or misleading information relevant to safety.

No refund is payable where participation is refused or terminated for these reasons.

8. Health, Pregnancy, Disability and Reduced Mobility

Each guest is responsible for assessing whether they are physically and mentally able to participate in the booked activity. We cannot provide individual medical advice.

Relevant medical conditions, allergies, mobility limitations, pregnancy, dietary requirements and assistance needs must be disclosed before booking or as soon as they become known.

Guests with disabilities or reduced mobility should contact us before booking so that we can assess the suitability of the activity and any reasonable adjustments.

We may request medical confirmation of fitness to participate where reasonably required for safety.

9. Weather, Wildlife and Arctic Conditions

Routes, duration and content are always subject to current Arctic conditions. Wildlife sightings, northern lights, weather conditions, photographic opportunities and access to specific locations cannot be guaranteed.

Delays, route changes or shortened activities do not automatically create a right to compensation where the principal service has still been provided and the change was reasonably necessary for safety or operational reasons.

10. Guest Responsibilities

Guests are responsible for:

• arriving at the stated meeting point on time;
• bringing suitable clothing, footwear and personal equipment;
• carrying valid identification and any legally required documents;
• protecting personal belongings and equipment;
• following environmental and cultural heritage regulations; and
• informing us promptly of anything that may affect safe participation.

Guests are liable for damage caused intentionally or through negligence, subject to applicable Norwegian law.

11. Liability

Svalbard Photography AS is responsible for providing the confirmed activity with reasonable skill and care and in accordance with mandatory Norwegian law.

We are not liable for loss resulting from the guest’s own acts or omissions, an unrelated third party, or unavoidable and extraordinary circumstances that could not reasonably have been prevented.

Where services are performed by an independent transport, accommodation, vessel or other supplier, applicable statutory and international liability limits available to that supplier also apply to the extent permitted by law.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

12. Complaint Procedure

Any problem must be reported to us or the relevant guide or supplier without undue delay so that we have a reasonable opportunity to correct it.

Where the matter is not resolved during the activity, a written complaint should be submitted within 28 days and should include the booking reference, date, activity and a clear description of the issue.

13. Insurance

We strongly recommend comprehensive travel insurance covering cancellation, medical treatment, evacuation, repatriation, delay, personal belongings and the activities booked.

Guests are responsible for confirming that their insurance is appropriate for travel and activities on Svalbard.

14. Personal Data

Personal data is processed for booking administration, payment, safety, legal compliance and performance of the activity.

Information may be shared with guides, transport providers, vessel operators, accommodation providers, emergency services and authorities where necessary. Further information is available in our Privacy Policy.

15. Governing Law and Jurisdiction

These Terms and Conditions are governed by Norwegian law, subject to any mandatory consumer protection rights applicable in the guest’s country of habitual residence.

The parties should first attempt to resolve disputes through direct written communication. Where court proceedings are necessary, the Norwegian courts have jurisdiction to the extent permitted by law.

1. Your Contract

The contractual party of the traveller is Svalbard Photography AS. The nautical and technical operation of any voyage is carried out by the relevant vessel owner, shipping company, operator, captain and other performing service providers. Where the booked arrangements constitute a package travel arrangement, Svalbard Photography AS remains responsible towards the traveller for the proper performance of the package travel in accordance with mandatory Norwegian package travel legislation. Where the travel arrangements booked by you include at least two travel services within the meaning of the Norwegian Package Travel Act (Pakkereiseloven), a package travel arrangement shall arise. In such case, Svalbard Photography AS acts as the tour operator. In the case of separately arranged services, Svalbard Photography AS may act solely as an intermediary, and this will be expressly communicated prior to the conclusion of the contract. You are responsible for ensuring that all information submitted by you regarding members of your travel party is accurate and complete. Where you provide personal data relating to other individuals, you confirm that you are authorised to do so. Health information, mobility information and special dietary requirements will only be processed where necessary for booking, safety, transport or the performance of the travel arrangements, or where valid consent has been obtained. For safety reasons, all adult passengers must provide contact information, including full name, date of birth, telephone number and email address. Travel documents will not be issued until such information has been received. We may, at our discretion, request additional passenger information prior to issuing travel documents. Travel documents may be withheld where requested information is not provided. A booking confirmation will be sent to you upon receipt of your deposit payment. A booking is not considered confirmed until we have received your deposit. Should you subsequently wish to amend or cancel your arrangements, amendment or cancellation fees and additional charges may apply (see below), which may amount to up to the full original price of your arrangements. Only one invoice and one set of travel documents will be issued. No oral amendment to these written booking conditions shall be binding upon either party. Any amendment must be made in writing. If you book through a travel agent, all communication should take place through that travel agent. Please quote your booking reference number in all correspondence. You are responsible for complying with all visa requirements and other entry formalities applicable to yourself and all members of your travel party. We may transfer this contract to another organisation. Please note that we may transfer our rights and obligations under these Terms and Conditions to another organisation, most likely in connection with a corporate restructuring. We will notify you in writing should this occur, and we will ensure that such transfer does not adversely affect your contractual rights.

2. Financial Protection

Svalbard Photography AS is responsible, as a Norwegian package travel provider, for the proper performance of the booked package travel services. Where required by law, Svalbard Photography AS maintains insolvency protection in accordance with the Norwegian Package Travel Act (Pakkereiseloven) and the regulations of the Norwegian Travel Guarantee Fund (Reisegarantifondet). Such protection safeguards payments made by travellers and, where legally applicable, covers repatriation and other traveller claims in the event of insolvency or financial failure of the tour operator. Details regarding the scope of the statutory travel guarantee will be provided prior to conclusion of the contract and are available upon request. Irrespective of the statutory travel guarantee, we strongly recommend that all travellers obtain comprehensive travel insurance, including cover for cancellation costs, trip interruption, delays, medical emergencies, repatriation, and loss of or damage to baggage and personal equipment. The statutory travel guarantee does not extend to all individual risks or damages that may arise in connection with the travel arrangements.

3. Payment

Once you have requested us to confirm your booking, the full price of the booked arrangements becomes payable as follows:

• If booking more than 90 days prior to the scheduled departure date, a non-refundable deposit of 25% is due at the time of booking. The remaining balance is due 90 days prior to departure. No second invoice will be issued. Travel documents will be issued approximately 7–14 days prior to departure.
• If booking less than 90 days prior to the scheduled departure date, full payment is due at the time of booking.

Our preferred payment method for deposits is bank transfer. Final payment should also be made by bank transfer. We do not accept payment by cheque. Bookings made within 90 days prior to departure require full payment at the time of booking. In the event of cancellation, the cancellation provisions contained in these Terms and Conditions shall apply. If we do not receive your balance payment by the due date stated on your booking confirmation or invoice, we may cancel your booking. Prior to doing so, we will send a payment reminder (normally by email) specifying the final payment date and stating that your booking will be cancelled if full payment is not received by that date. If payment is received before the deadline stated in the reminder, your booking shall remain valid and will not be cancelled.

4. Fitness To Travel, Pregnancy, Disability Or Reduced Mobility, Medical Or Mobility Equipment

The nautical command, safety assessment and operational decisions on board remain under the authority of the captain and the operating carrier. Svalbard Photography AS will communicate relevant information and remains responsible for the proper performance of package travel arrangements within the scope of mandatory legal obligations. We reserve the right to require any passenger to provide medical evidence confirming fitness to travel in order to assess whether such passenger can be carried safely in accordance with applicable Norwegian law. Where considered necessary, we are entitled to require completion of a medical questionnaire prior to embarkation. If it appears to us, the captain, or the medical representative appointed by the carrier that a passenger is unfit to travel, is likely to endanger safety, is likely to be refused permission to land in any port, or is likely to result in liability for maintenance, support or repatriation, the carrier or captain shall have the right to:

• refuse embarkation in any port;
• disembark the passenger in any port;
• transfer the passenger to another berth or cabin;
• isolate or accommodate the passenger, or transfer the passenger ashore for medical treatment at the passenger’s expense where considered medically necessary; and/or
• administer first aid, medication or other medical treatment, or arrange hospitalisation where considered necessary by the appointed medical representative and/or the captain.

Where embarkation is refused on grounds of safety and/or fitness to travel, neither we nor the carrier shall be liable for any resulting loss or expense, nor shall the passenger be entitled to compensation.

Passengers requiring assistance and/or having special requirements regarding accommodation, seating, services or medical equipment must notify us at the time of booking. Where disability, reduced mobility or other circumstances require personal care or supervision, such care or supervision must be arranged by the passenger at their own expense.

Passengers requiring wheelchairs must bring their own standard-size foldable wheelchairs and are not necessarily required to travel with a companion. Unless otherwise agreed in writing, passengers are limited to bringing on board a maximum of two items of mobility or medical equipment per cabin, with a total value not exceeding EUR 2,600. All equipment must be capable of safe carriage and must be declared prior to departure. The carrier may refuse carriage of such equipment where safe transport cannot be ensured or where sufficient notice was not provided to permit a risk assessment.

Pregnant guests are welcome on our voyages; however, medical advice should be obtained before travelling at any stage of pregnancy.

• Guests who will be less than 23 weeks pregnant at the end of the voyage are not required to provide a medical certificate.
• Guests who will be 23 weeks pregnant at the end of the voyage must provide a medical certificate in order to travel.
• Guests who will be 24 weeks pregnant or more at the end of the voyage are not permitted to travel, for the safety of both parent and child.

We continuously review our health and safety policies and procedures in accordance with medical advice, health authority guidance and applicable law. Such policies and procedures, including embarkation protocols, vaccination requirements, infection control measures, isolation, quarantine or emergency disembarkation procedures, may therefore be amended from time to time. Specific measures may vary depending on departure, local regulations, scientific guidance and operational circumstances at the time of departure. Instructions from local health authorities and legal changes may also affect our procedures.

Although we will use commercially reasonable efforts to notify you of material changes as early as reasonably possible, we may update such policies and procedures on our website or by direct notice to you before or during your travel arrangements, and you agree to comply with all revised or additional procedures. Control of the vessel remains with the captain, who may amend procedures or require additional health and safety measures in accordance with Norwegian maritime safety legislation. Local health authorities may also impose measures affecting the vessel, including quarantine requirements or mandatory disembarkation. All passengers are required to comply with such instructions, policies and procedures. Failure to do so may result in refusal of embarkation, refusal of re-embarkation after shore leave, disembarkation or reporting to relevant governmental or health authorities. Neither we, the operator, the carrier, their officers, employees, representatives, crew nor the captain shall be liable for any loss, damage or expense arising from such measures.

You acknowledge, understand and accept that during your travel arrangements you may be exposed to communicable diseases, including but not limited to influenza, norovirus, COVID-19 and common colds. You further acknowledge and accept that the risk of exposure to communicable diseases is inherent in activities involving interaction between individuals and shared facilities, even where preventive procedures are in place. Such risks are beyond the control of Svalbard Photography AS, the operator and the carrier and cannot be entirely eliminated.

Travel regulations and restrictions are subject to continuous change, and you remain responsible for ensuring compliance with all entry requirements of any country visited during the travel arrangements, including vaccination, testing, quarantine and registration requirements.

5. Prices

All prices stated in brochures or on the website are quoted in EUR or NOK (as applicable) per person based on full occupancy of the cabin accommodation unless otherwise stated.

Where amounts are stated in these Terms and Conditions in EUR or NOK, the applicable amount and currency shall correspond to the currency in which the travel arrangements are offered. Single occupancy of cabins containing more than one berth is subject to availability and our discretion. A single supplement shall apply where a multi-berth cabin is booked for sole occupancy. We reserve the right to alter prices of unsold travel arrangements at any time and to correct pricing errors in confirmed bookings.

You will be informed of the current price of the travel arrangements or flight-inclusive package before your contract is confirmed.

The price of confirmed travel arrangements may be changed only as a direct consequence of

• changes in transport costs, including fuel or other energy costs;
• changes in taxes, duties or fees imposed by third parties not directly involved in the performance of the travel arrangements, including tourist taxes, landing taxes or embarkation/disembarkation fees; or
• exchange rate fluctuations relevant to the package travel.

You will be charged for any increase in accordance with this clause, and where necessary we will issue a revised invoice. However, if this results in an increase exceeding 8% of the total price of your confirmed arrangements (excluding amendment charges and additional services not forming part of the package travel), you shall have the right to:

• accept the price increase;
• accept an alternative travel arrangement offered by us, where available; or
• cancel the booking and receive a full refund of all payments made for the package travel.

If you wish to cancel for this reason, you must exercise your right within 7 days of the issue date of the revised invoice. No price increase will be imposed within 20 days prior to departure.

6. Voyages And Flight-Inclusive Package Travel

Prices do not include

• travel insurance;
• baggage handling;
• equipment;
• transfers;
• fuel surcharges;
• international flights;
• optional excursions or pre-/post-programmes;
• soft drinks and alcoholic beverages; or
• gratuities.

For optional excursions, we will inform you prior to booking whether Svalbard Photography AS acts as organiser, intermediary or information provider only. Your statutory rights relating to package travel remain unaffected where such excursions form part of the package travel arrangement.

7. If You Wish To Change Or Transfer Your Booking

If you wish to amend your arrangements after confirmation, we will endeavour to assist where reasonably possible. All amendment requests must be submitted in writing by the lead passenger or your travel agent no later than 14 days prior to departure. Administrative charges and additional costs incurred by us may apply. Most airlines impose amendment fees for ticket changes, and costs generally increase closer to departure. Where the number of persons in your travel party changes, the price will be recalculated according to the revised group size. A single supplement may apply where a cabin intended for multiple occupancy becomes occupied by one person only. Any price increase resulting from requested amendments shall not constitute a cancellation charge. All amendments after departure remain subject to availability and applicable costs.

Transfer of Booking If you or any member of your travel party is prevented from travelling, the booking may be transferred to another person provided that:

• the replacement traveller satisfies all conditions applicable to the arrangements;
• we receive notice no later than 7 days before departure, unless a shorter period is legally permissible and operationally feasible;
• all outstanding balances, administrative charges of EUR 100 / NOK 1,500 per person (as applicable), and any additional charges resulting from the transfer are paid; and
• the replacement traveller agrees to these Terms and Conditions and all conditions applicable to the booking.

Both the original traveller and the replacement traveller shall remain jointly and severally liable for payment of all amounts arising from the transfer. If no replacement traveller is found, no refund shall be payable for unused services.

8. If You Cancel Before Departure

You or any member of your travel party may cancel the arrangements at any time by written notice submitted by the lead passenger or the travel agent. Cancellation takes effect on the date we receive such written notice.

As costs are incurred from the time the booking is confirmed, cancellation charges shall apply as follows, together with any airfare costs paid by us at the time of booking:

Insurance premiums are non-refundable.

9. Cancellation Due To Force Majeure Or Unavoidable And Extraordinary Circumstances

You have the right to cancel your confirmed package travel before departure without payment of a cancellation fee where unavoidable and extraordinary circumstances occur at the destination or its immediate vicinity and materially affect the performance of the package travel or the transport arrangements. In such circumstances, we will provide a full refund of payments received for the package travel but shall not be liable to pay additional compensation.

10. If We Change Or Cancel Your Booking

We reserve the right to correct errors and amend details contained in brochures, websites and invoices at any time. We may cancel travel arrangements where minimum participant numbers are not reached, or amend airlines, aircraft types, vessels or itineraries where reasonably necessary. Following confirmation, we may also cancel or amend bookings due to force majeure, unavoidable and extraordinary circumstances, or failure by you to pay outstanding balances. Where cancellation due to insufficient participation becomes necessary, we will notify you as follows:

• at least 20 days before departure for travel arrangements lasting more than 6 days;
• at least 7 days before departure for travel arrangements lasting between 2 and 6 days; and
• at least 48 hours before departure for travel arrangements lasting less than 2 days.

These notice periods do not apply to separately booked optional excursions, which may be governed by separate terms and conditions.

11. Force Majeure

Except where otherwise expressly stated in these Terms and Conditions, we shall not be liable or responsible for failure or delay in performing our contractual obligations where such failure or delay results from events constituting force majeure.

Force majeure means any event beyond our reasonable control or the reasonable control of our suppliers, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such events may include, but are not limited to:

• war or threat of war;
• civil unrest;
• terrorist activity;
• industrial disputes;
• natural or nuclear disasters;
• adverse weather conditions;
• fire, flooding or drought;
• governmental action;
• airport or port closures or restrictions;
• technical transport issues;
• vessel maintenance; or
• transport planning disruptions.

12. Complaint Procedure

If any issue arises during your travel arrangements, you must report it immediately to the relevant service provider on board or otherwise involved in the arrangements, so that reasonable efforts can be made to resolve the matter promptly. If the issue cannot be resolved during the trip and you wish to submit a complaint, you must send us full written details within 28 days of your return.

Failure to comply with these procedures may adversely affect our ability to investigate and resolve the complaint and may reduce or extinguish any entitlement to compensation. Where the embarkation port is located within the European Union, complaints relating to Regulation (EU) No 1177/2010 concerning passenger rights in sea and inland waterway transport must be submitted in writing no later than two months after return from the journey or the date on which the relevant service was provided. We will provide a final response within two months.

13. Our Liability To You

Where claims or parts of claims, including claims relating to death, personal injury, baggage loss or delay, concern travel services provided by air carriers, sea carriers, road carriers, hotels, accommodation providers or other independent suppliers, the liability of Svalbard Photography AS shall, to the extent permitted by law, be limited to the scope and liability limitations applicable to the performing carrier or supplier under applicable international conventions, EU regulations and national legislation.

This includes, in particular, the Warsaw Convention, the Montreal Convention, the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, Regulation (EC) No 392/2009 where applicable, and other statutory liability limitations applicable to the performing carrier or supplier. Where Svalbard Photography AS sells package travel arrangements, Svalbard Photography AS acts as the tour operator.

However, Svalbard Photography AS is not the vessel owner, shipping company, nautical operator or performing carrier responsible for the nautical or technical operation of the vessel. All nautical command, technical operation, maintenance, navigation, crew management and safety-related decisions remain solely with the relevant vessel owner, operator, captain or performing carrier. To the extent that Svalbard Photography AS may nevertheless be considered legally liable as contractual carrier, organiser or otherwise, all liability limitations, exclusions, immunities, defences and maximum liability limits available to the actual carrier or supplier shall also apply for the benefit of Svalbard Photography AS. Where a performing carrier, hotelier or supplier is not obliged under applicable international convention, law or contractual terms to provide compensation or payment, Svalbard Photography AS shall only be liable to the extent required by mandatory law.

Any compensation already paid to the traveller by the actual carrier, hotelier or supplier shall be credited against corresponding claims against Svalbard Photography AS. Svalbard Photography AS shall not be liable for independent third-party services which do not form part of the package travel arrangement and which were clearly identified as separate services prior to conclusion of the contract.

The traveller’s mandatory statutory rights relating to package travel remain unaffected. Sea carriage is subject to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974, as amended, and where applicable Regulation (EC) No 392/2009. The relevant vessel owner, operator or performing carrier shall be deemed to be the actual carrier under such regulations.

Svalbard Photography AS shall be entitled to invoke all rights, limitations, exclusions, immunities and defences available to the actual carrier under applicable international conventions, legislation and contractual conditions. Liability for loss of or damage to baggage, personal belongings, valuables or cabin luggage shall be governed exclusively by applicable statutory or international liability rules and corresponding limitation amounts. Svalbard Photography AS shall not be liable for cash, jewellery, camera equipment, electronic devices, storage media or other valuables unless expressly accepted for safekeeping in writing.

14. Your Responsibilities And Indemnity

By booking travel arrangements with us, you accept responsibility for the proper conduct of yourself and your travel party. If your acts or omissions cause damage to property, delay or diversion of transport services, you agree to indemnify us fully against all resulting claims, liabilities, professional fees and legal costs. The captain of an aircraft or vessel retains full authority over the aircraft or vessel and passengers at all times during embarkation and carriage.

No refund, compensation or reimbursement of expenses shall be payable where carriage or participation is refused as a result of passenger conduct. We reserve the right to recover from the passenger all costs arising from such incidents. In any port or location, we may refuse embarkation or disembark any passenger where authorised ship personnel reasonably believe that local authorities may refuse further landing permission, or where the passenger may suffer from a contagious disease or otherwise adversely affect the wellbeing of passengers or crew.

Where quarantine measures apply to the vessel or individual passengers, including cabin isolation requirements, we shall not be liable for resulting expenses, and no refund or compensation shall be payable. Passport, visa, health and immigration requirements remain solely your responsibility. We accept no responsibility where you are unable to travel because you failed to comply with applicable requirements.

Where you make independent travel arrangements, you are responsible for arriving at the vessel on time regardless of changes to departure times, departure dates or itinerary. No refund or compensation shall be payable where you fail to reach the vessel for any reason. Passengers going ashore remain responsible for returning to the vessel prior to departure. We reserve the right to substitute the planned vessel with another vessel where operationally necessary. Any aspect of the arrangements or itinerary may be cancelled, delayed, altered or interrupted due to medical disembarkation, operational requirements or circumstances beyond our reasonable control or the control of our suppliers.

You acknowledge that itineraries and announced departure or arrival times are not guaranteed. We shall not be liable for loss, damage or other claims arising from delays, itinerary changes or inability to perform arrangements resulting from events beyond our reasonable control.

15. Insurance

It is a condition of the contract that every traveller maintains travel insurance for the full duration of the arrangements. Such insurance must provide, at minimum, adequate cover for cancellation, medical treatment, pre-existing medical conditions, injury and repatriation.

You are responsible for ensuring that your insurance provides suitable cover for your personal requirements. You must provide us with the name of your insurer and a 24-hour emergency contact number at the time of booking or as soon as reasonably possible thereafter. Where you travel without adequate insurance cover, we shall not be liable for losses that would reasonably have been covered by comprehensive travel insurance.

16. Times, Delays And Other Travel Information

All times stated in itineraries or travel documentation are estimates only and cannot be guaranteed. Times may change due to regulatory requirements, weather conditions, maintenance or technical reasons, and passenger boarding requirements. Where delays occur, we will use reasonable efforts in cooperation with local representatives to assist in maintaining passenger comfort.

Flight delays

If you or any member of your travel party misses a flight or other transport arrangement, or experiences cancellation or delay exceeding three hours, you must contact us immediately. Under certain circumstances, passengers may be entitled to refunds and/or compensation directly from the airline in cases of denied boarding, cancellation or delay. Information regarding such rights is generally available at airports, from airlines and from aviation authorities.

Claims relating to airline obligations must normally be directed to the airline. Some airlines require that claims are submitted directly to them before third-party claims handlers may act on behalf of passengers.

Any refund obligations in such cases remain the responsibility of the airline. If we compensate you for a claim for which you also have rights against the airline, you assign such rights to us to the extent of the compensation paid. Flight delay or cancellation does not automatically entitle you to cancel other arrangements connected with the flight.

We shall not be responsible for delays arising from circumstances referred to in the Force Majeure clause or from passenger conduct.

17. Prompt Assistance

If the travel arrangements cannot be performed as agreed due to failures attributable to third parties unconnected with the provision of the arrangements, or due to unavoidable and extraordinary circumstances, and you suffer injury or other material loss, we will provide reasonable prompt assistance appropriate in the circumstances.

Such assistance may include information regarding health services, local authorities, consular support, communication facilities and alternative travel arrangements. Where delays occur without fault on our part, our assistance obligation does not generally include payment for accommodation, refreshments or communication costs unless otherwise required by law. Airlines or transport providers may themselves provide such assistance. Subject to the remaining provisions of these Terms and Conditions, we shall not be liable for costs incurred where you make independent arrangements without first obtaining our prior approval.

18. Validity Of These Terms And Conditions

These Terms and Conditions apply from the effective date stated at the beginning of this document. Details and prices may be amended after publication. Hotel, vessel or expedition facilities may occasionally become unavailable. Although brochures, websites and promotional materials may contain descriptions or photographs of wildlife, wildlife sightings cannot be guaranteed.

19. Governing Law And Jurisdiction

This contract shall be governed by Norwegian law, unless mandatory consumer protection provisions of the traveller’s country of habitual residence provide otherwise.

To the extent permitted by law, the parties agree to the non-exclusive jurisdiction of the Norwegian courts. Nothing in this clause restricts the traveller’s right to bring proceedings before the courts of the traveller’s country of residence where mandatory law provides such right.

The traveller agrees, where legally permissible, to first use the complaint procedures set out in Clause 12 before initiating legal proceedings. Svalbard Photography AS remains entitled to bring claims against the traveller before the courts of the traveller’s country of residence.

20. Data Protection

Information regarding the data controller, legal basis for processing, recipients, retention periods, international data transfers and data subject rights can be found in our Privacy Policy. Personal data may be shared with shipping companies, hotels, authorities and other suppliers where necessary for performance of the travel arrangements, compliance with legal obligations or safety requirements.

Version: May 2026

SVALBARD PHOTOGRAPHY AS (Org. No. 930 163 562)

Postboks 33

N-9171 Longyearbyen på Svalbard Norway

Jurisdiction

Nord-Troms tingrett

Managing Director

Marcel Schütz