GENERAL TERMS & CONDITIONS
These General Terms & Conditions together with Commercial Terms
shall apply to Services offered and provided by the Seller to the
Buyer.
Definitions
“Seller” is Lapland Safaris SL OY / Liikenne O. Niemelä (Business ID: 2488901-9).
“Buyer” is a company or a corporate body which has delivered
the Order or other way confirmed Seller´s Offer to the Seller.
hereinafter each alone “Party” and together “Parties”.
“Offer” is any written documentation from the Seller to the Buyer
including at least the price and specification of the Services and
available time for delivery of the Services, and it may be identified
with specific Seller´s offer number. Unless otherwise mentioned in
the Offer the Offer is valid 14 days from its date.
“Order” is any written documentation from the Buyer to the Seller,
referring to the Offer and including the Buyer´s intent and will to
accept and confirm the Offer.
“Order Confirmation” is a written document from the Seller to the
Buyer confirming the valid details of the Offer and the Order. The
Order Confirmation may be identified with specific Seller´s order
number.
“Effective Date” shall mean the date on which the Seller has
delivered to the Buyer the Order Confirmation or other way
accepted the Order or latest upon receipt of the first payment from
the Buyer, related to the Order.
“Commercial Terms” shall mean the commercial terms of the Seller,
which include i.a. terms of payment, price, changes and cancellation
fees. The Commercial Terms may vary depending on business type
and have been delivered to the Buyer in connection with the
General Terms & Conditions.
“Client” shall mean the person utilizing the Services or a part
thereof.
“Services” shall mean the services provided by the Seller in
accordance with the Order Confirmation, which services may
include, but are not limited to transportation services. The Seller is
entitled to decide the standard of the Services.
“Contract” From the Effective Date these General Terms &
Conditions together with Commercial Terms shall constitute as the
Contract between the Parties related to the Order Confirmation
and confirmed Services included in, and related to, that. Any
amendments agreed in written by the Parties shall constitute an
integral and permanent part of the Contract.
“GDPR” shall refer to Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of
natural persons with regard to the processing of personal data and
on the free movement of such data, and repealing Directive
95/46/EC or General Data Protection Regulation.
“Personal Data” means, according to the GDPR article 4(1), any
information relating to an identified or identifiable natural person
(‘data subject’); an identifiable natural person is one who can be
identified, directly or indirectly, in particular by reference to an
identifier such as a name, an identification number, location data,
an online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity
of that natural person
“Data Controller” means, according to the GDPR article 4(7), the
natural or legal person, public authority, agency or other body
which, alone or jointly with others, determines the purposes and
means of the processing of personal data; where the purposes and
means of such processing are determined by Union or Member
State law, the controller or the specific criteria for its nomination
may be provided for by Union or Member State law.
Confirmation
The Order shall be deemed to be confirmed upon delivery of the
Order Confirmation from the Seller to the Buyer. At the same time
the Seller has right, at its option, to send to the Buyer a Deposit
Invoice. The Seller has right to cancel the Order in case the Seller
has not received the first payment by the due date. The cancellation
fees are available in the Commercial Terms.
Payments
Unless otherwise agreed in written by the Parties, all invoices are
due within 14 days from the date of the invoice. In case it is agreed
that the Services shall be performed earlier than within 14 days
from the date of the invoice, the invoice is due within 7 days before
the Services agreed to be performed. The Seller has right to send
invoices via email in .pdf -form.
The payment of transaction shall be made in euros (EUR) to the
bank account of the Seller presented in each invoice.
Any failure to make payments on time shall constitute a material
breach of the Contract and the Seller is entitled immediately,
without notification period, to stop delivery of its Services for any
unpaid part of the Services.
Cancellation Terms
The Buyer is entitled to cancel the Contract, Services or part thereof
by notifying the Seller in writing thereof. The Buyer shall inform the
Seller of the cancellation in writing without delay.
For a cancellation made less than 48 hours before the start of the
service, the cancellation fee is 100% of the value of the Order Confirmation.
Late arrivals
In case the Client or group of Clients are late from the agreed
starting time of the Service, the Seller reserves right to shorten,
modify or cancel confirmed Service(s).
If Service(s) have to be cancelled due to late arrival, 100%
cancellation fee is charged. If the confirmed Service(s) can be
operated with modified schedule due to late arrival, a waiting time
fee will be charged according to current price list.
Buyer’s Obligations
The Buyer undertakes to fulfil its contractual obligations and to
provide requested information (included but not limited to lists of
the Clients names related to the Services) with due care in such way
that the Seller has the possibility to perform its tasks with due care
and within the agreed time-schedule.
The Disclosure and processing of personal data
Under the GDPR, The Buyer will be disclosing Personal Data of the
Client to the Seller in order the Seller to perform its tasks. The Buyer
and the Seller are individual Data Controllers in relation to the
Client. The Parties will update their Privacy Policies or
corresponding record in a way that disclosing of the Personal Data
according to this contract will be transparent to the Client. The
Client shall be informed of the disclosure of Personal Data by the
Buyer. The Buyer commits to inform the Seller about the Client’s
requests of rectification and erasure of Personal Data and request
to restrict the processing of Personal Data.
The disclosure of the Personal Data may include but is not limited to
following type of data which are disclosed at the time the fulfilment
of the legitimate interest of the Client so requires: – – – – – – –
– The Client’s identification information including but not
limited to name, age, and address informations
– Contact person(s)
– Customer/Order number
– Passport number
– Services ordered and delivered
– Information concerning underage Clients
– Information of one´s health and/or allergies
The purposes and means of processing of Personal Data of the
Clients determined by the Seller are to be found in the Privacy Policy
section of these General Terms & Conditions.
Notifications and Time
The Buyer shall provide all notifications in writing within office
hours (8 a.m. – 4 p.m.) in Finland. All times referred are local Finnish
times.
Liabilities, Insurances, Buyer’s information duties, Indemnities,
Animals, etc.
The Seller shall exercise pro-activity, contingency, due diligence and
appropriate health and safety measures in accordance with the laws
and regulations of Finland and Finnish standards of recommended
practices of program services at all times when delivering offered
services under this Contract.
Service language
Language used for guiding and during all services is English if not
otherwise stated or agreed.
Liability Insurance
The Seller has a General Third Party Liability Insurance. The insured
sum of that insurance is EUR 3.000.000 for bodily injury and
property damage according to the terms and conditions of
LähiTapiola Insurance Company Ltd. Insured sum and terms of
liability insurances of Seller´s suppliers may be less and vary.
Motor Liability Insurance
All the coaches or other motorized transport vehicles used in traffic
in Finland must have valid Motor Liability Insurance. Compensation
for damages or injury resulting from a road accident shall be
covered, taking into account the below said, by the valid Motor
Liability Insurance of the vehicle that caused the accident. Under the
provisions, any person suffering bodily injuries is entitled to receive
compensation for the cost of medical treatment, pain and suffering,
and handicap, in accordance with the terms and conditions of Motor
Liability Insurance and laws and regulations of Finland.
Compensations are based on tariffs in accordance with laws and
regulations of Finland and orders of the Finnish authorities.
Damages for property are by law limited up to EUR 3.300.000. But if
an injured party has willfully or out of gross negligence caused
his/her own injury, the injured party is not entitled to
compensation.
Other Injuries
The Seller may only be held liable for personal injuries or material
damage arising from accidents that have happened during the
delivery of the Services under this Contract and are caused by
negligence of the Seller or its employees or sub-contractors or by
the provision of faulty equipment. The Seller is not liable for any
accidental damage or injury which has to be indemnified under the
travel insurance of a Client. Personal travel insurance is always
highly recommended.
All insurance documents including terms and conditions are
available for due diligence review upon request by the Buyer.
Indemnities
All Services shall be deemed to have been delivered in line with the
Order Confirmation, on time and with the right and acceptable level
of quality and quantity unless the Buyer has provided to the Seller
within 30 days after the departure of the group of Clients specific
and detailed breakdown of possible defaults.
In the event of material substandard service and delivery by the
Seller and its staff, the Seller shall be liable to compensate to the
Buyer only the direct damages of such default, however in
maximum up to the price of the offered Service of which the
substandard service and delivery concerns. The compensation
application shall include a copy of the written demand of
compensation made by final Client.
The Seller shall not be liable for any damages or losses caused by
the Buyer´s or Client´s failure to perform its obligations. Any
indirect, consequential damages or losses shall remain uncovered.
The Seller shall have no other obligations than stated in the
Contract. In any event, whether in contract, tort or otherwise, the
total liability of the Seller arising out of or in connection with the
Contract shall not exceed the value of the Order Confirmation paid
by the Buyer to the Seller.
Prices
All given prices are in euros. All prices are based on requested
period, group size, season, type and availability of Services and any
other relevant element of pricing. Should there be any changes
within the contents or the fundaments of the Services then the
Seller has right, at its option, to change any price.
Changes
The Seller reserves the right to change prices in case of major
increases in or due to the costs of supplies, currency, or fuel, and in
case of change of value added tax (VAT) or other taxes. Any other
essential changes for services or terms and conditions must be
approved by both Parties in written before implementation.
Force Majeure
The Seller shall not be held liable for any default, damage or loss
due to a condition force majeure or to unreasonable impairment of
the Seller’s operations due to a similar cause (including but not
limited to war, strike, lockout, impossible or unsafe weather
conditions to perform Services).
If encountered a force majeure condition, the Seller shall
immediately notify the Buyer in writing thereof and shall keep the
Buyer fully informed of the continuance of the force majeure
condition and of any relevant change of circumstances whilst such
force majeure continues. When encountered a force majeure
conditions the Seller shall also take all reasonable steps available to
it to minimize the effects of the force majeure on the performance
of their obligations under the Contract.
Termination
In the event of an essential breach of the Contract by the other
party the injured Party may terminate the Contract with immediate
effect. The Contract cannot be terminated, however, if the
defaulting Party has remedied such a breach within 7 days after
having received a written notice thereof from the injured Party. An
essential breach includes, but is not limited to, the failure of the
Buyer to make the payments in time. In case the Contract is
terminated due to delayed or unmade payments, the Buyer is
obligated to compensate the damages related thereto to the Seller.
Notwithstanding the aforesaid, the Contract may be terminated by
either Party with immediate effect if the Party becomes insolvent or
bankrupt or bankruptcy proceedings has been instituted for the
Party or the Party makes a general assignment for the benefit or
creditors or makes a written statement to the effect that the Party is
unable to pay its debts as they become due. In the event of
termination of this Contract the terms and conditions as set herein
must be observed by each Party until the termination date.
Term of the Contract
This Contract is in force from the Effective Date and, unless expired
by termination earlier, shall remain effect until the Expiry Date,
which is the following day, on which the last Service as stated in the
Order Confirmation has been performed. In any case the Expiry Date
is the following day of the last Service included in the Order
Confirmation.
Notwithstanding the expiry or termination of the Contract any rights
or obligations of the Parties that are already in existence shall
remain in full force until all duties, obligations and liabilities related
to the Order Confirmation and the Contract have been completed in
line with the provisions of the Contract by each Party.
Continuing Clauses
Following clauses shall continue in effect and bind the Parties even
after the termination or expiry of the Contract: Indemnities, Non
Waiver, Communication, Applicable Law and Jurisdiction,
Severability.
Entire Contract
As of the Effective Date the Contract supersedes all prior contracts,
statements or agreements, related to the Order Confirmation,
whether oral or written, between the Parties and constitutes with
the Order Confirmation, these General Terms & Conditions,
Commercial Terms and other possible appendices as stated in the
Order Confirmation the entire agreement between the Parties with
respect to its subject matter. Any additional or different terms (e.g.
terms in any purchase order) will be of no effect, unless otherwise
explicitly agreed by the Parties in writing.
Non-Waiver
The Parties expressly reserve the right to enforce terms and
conditions at any time. In the event of any failure of either Party to
enforce any of its rights pursuant to the Contract, that shall not
constitute or be construed as a waiver of such terms and conditions.
Communication
Any notice and other communication under the Contract shall be in
writing, in English, unless the Parties mutually agree to
communicate in Finnish. Notice or other communication via
facsimile or email transmissions shall be deemed to have been duly
given and received immediately at the time stated on an ok
confirmation of delivery printed at the sender´s station, or where
posted within seven (7) days after written notice has been
deposited with a courier for delivery to the other Party at its
registered mail address. A facsimile signature or photocopy
signature in .pdf -form shall be treated as an original signature.
Notwithstanding aforesaid any daily routine communication can be
done via emails.
Suppliers
The Seller has right to use suppliers, subcontractors and third
parties when delivering the Services.
Assignment
Save for the right to sell the receivables neither party may assign
any of its rights or obligations under the Contract without the prior
written consent of the other Party. Notwithstanding aforesaid each
Party may assign or otherwise transfer any of its rights or obligations
under the Contract to any company who is a subsidiary or a holding
company of the same Party.
Applicable Law and Jurisdiction
The Contract shall be governed by and construed in accordance with
the Finnish Law, which is the applicable law for all matters arising
out of or in connection with the Contract.
Any dispute, controversy or claim arising out of or relating to the
Contract, or the breach, termination or validity thereof, shall be
finally settled by arbitration in accordance with the Rules of the
Arbitration Institute of the Finland Chamber of Commerce. The
arbitral tribunal shall be composed of one (1) arbitrator appointed
by the Arbitration Institute of the Finland Chamber of Commerce.
The place of arbitration shall be Rovaniemi. The language to be used
in the arbitral proceedings shall be English unless the Parties
mutually agree this to be Finnish.
In case the demand arising out of or relating to the Contract is less
than EUR 10.000 then the Finnish Courts shall have the exclusive
jurisdiction to settle any dispute, controversy or claim related to
such a demand. The District Court of Lapland (in Finnish: Lapin
käräjäoikeus), placed in Rovaniemi, shall be the court of first
instance.
Notwithstanding the aforesaid any issue or dispute related to
moneys due and or to protect the payments for any unpaid
invoice(s) shall allow the Seller to undertake legal proceedings in
appropriate Finnish Courts who shall have the exclusive jurisdiction
to settle any dispute, controversy or claim within the matter. The
District Court of Lapland (in Finnish: Lapin käräjäoikeus), placed in
Rovaniemi, shall be the court of first instance.
Severability
If any part, term or provision of the Contract is partly or wholly held
invalid, illegal or unenforceable, the validity or enforceability of
other provisions, extent part and remainder of the Contract shall
remain in full force and effect.
Privacy Policy
Privacy policy pertaining to Seller’s customer, partnership and
marketing information can be found at
https://www.laplandsafaris.com/en/privacy-policy