Terms and conditions

Terms and Conditions

Please find the Now/here terms and conditions on this site. These terms and conditions shall apply to Nowhere package travels.

NOW/HERE TERMS AND CONDITIONS

NOWHERE TERMS AND CONDITIONS 

1    GENERAL

These terms and conditions apply to Now/here package travels. These terms and condition are based on the provisions of Directive (EU) 2015/2302 of the European Parliament and of the Council on package travel and linked travel arrangements, the Finnish Act on Travel Service Combinations (901/2017) and Finnish General terms and conditions for travel package whenever applicable. The General terms and conditions have been agreed between the Association of Finnish Travel Agents and the Finnish Consumer Ombudsman.

The travel package consists of at least two different travel services purchased for the same package at the same time either via a web shop or a customer service. The travel services mentioned above may be for example accommodation, transportation and experience. If a transportation, accommodation or experience is purchased separately, it does not constitute a package travel.
The responsible organiser of Now/here packages is Oy Aurinkomatkat – Suntours Ltd Ab, which is a part of the Finnair Group (hereinafter Aurinkomatkat or organiser). Now/here is an auxiliary firm-name of Aurinkomatkat. Aurinkomatkat 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.

2    PACKAGE TRAVEL CONTRACT 

2.1    Liability for the performance of the contract

The organiser is responsible for ensuring that the travel package delivers what has been agreed with the traveller. The organiser is also responsible for any services they procure from service providers in order to deliver on the contract (such as transport operators and hotels).

Prior to concluding the contract, the traveller must be given information on the organiser has provided a security as referred to in the Finnish Act on Providers of Travel Service Combinations (921/2017) and whether the security covers the package in question.

Service providers, such as airlines and airport transfer providers, accommodation service providers and experience providers are used for carrying out the Now/here packages. The responsible organiser for Now/here packages, 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 Now/here’ 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 than that resulting from the contract. However, the organiser is not obliged in such cases to offer all travellers the same benefits.

The traveller can report breaches of contract pursuant to these terms and conditions by contacting Now/here customer service. The complaints in the package must be notified according to section 13.4.

2.2    Content of the contract 

The package 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 package established by the Directive (EU) 2015/2302 of the package travel and linked travel arrangements and the Finnish Act on Travel Service Combinations (901/2017) shall be taken into account.

2.3    Entry document and 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.iatatravelcentre.com/. 

Traveller is responsible for observing the organiser’s instructions and ensuring that (s)he has the necessary entry documents for their package (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 package or if the package is disrupted due to inadequate entry documents (e.g. 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 package but the traveller shall be responsible for the insurance cover and its sufficiency e.g. in case of interruption or cancellation of the package. Therefore, the organiser recommends the traveller to obtain travel insurance with sufficient insurance cover for the package that covers the traveller’s person as well as the traveller’s property and includes travel interruption and cancellation. 

2.4    Potential safety risks at the destination

The organiser must inform the traveller of any potential special risks related to the package and the general healthcare regulations of the country of destination prior to the package. The traveller him-/herself 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. 

The safety of the traveler while abroad is primarily the responsibility of the traveler themselves and the authorities of the country in question. The traveler must take local conditions into consideration in their actions. 

Key information about the safety and other characteristics of specific travel destinations is available e.g. on the websites of the Finnish Ministry for Foreign Affairs at www.um.fi, the National Institute for Health and Welfare at www.thl.fi as well as World Health Organization www.who.int. The traveller must read the information in order to familiarise themselves with local conditions at the destination.

2.5    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 package, the organiser shall provide the traveller with information on health services, local authorities, consular 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 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 traveller´s situation. If a situation provided in section 2.1. b. arises during the package, 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.

If assistance needed the traveller should contact Now/here customer service on +358 9 818 0080 (lsa/msa). The current business hours are available at https://www.travelnowhere.com/info/contact. 

2.6     The traveller’s general responsibilities

2.6.1 The traveller must observe any instructions and orders regarding the execution of the trip, given by the authorities, the organiser or the organiser’s representatives, as well as any applicable hotel and transportation rules. 

2.6.2 The traveller shall not disturb other travellers with his/her behaviour. If a traveller substantially neglects his/her obligations, (s)he may not be permitted on the package or may be removed from the package. In such case, the traveller shall not have the right to a refund of the price and s(he) is responsible for all the expenses arising from of the return journey.

2.6.3 The traveller is liable for any damage they cause intentionally or through negligence to the organiser or third parties, for example, by violating the provisions of sections 2.6.1 and 2.6.2.

2.6.4 The traveller must provide the organiser with contact details where they may be contacted before and during the trip.

2.6.5 A representative of a traveller group must provide their group with all the information and documents required for the trip and the organiser with all necessary information and documents concerning the travellers. The organiser is deemed to have satisfied their duty to provide information by making the information concerning the trip available to the group’s representative and do not need to provide the information to each individual traveller separately. A representative of a traveller group can make changes to the group’s bookings alone or together with the individual traveller requesting the changes. 

2.6.6 The traveller or the representative of a traveller group is responsible for the accuracy of the information they provide to the organiser, such as the timing of the trip, the name/s, date/s of birth and other personal details of the traveller/s or any special requirements, and for providing the information on time. The organiser cannot be held liable for any losses resulting from inaccurate or incomplete information having been provided by the traveller or the representative of a traveller group.

2.6.7 The traveller may be held liable for any consequences and/or costs incurred from their use of the services or components included in the package in a manner that violates the package travel contract. For example, failure to use all or part of any transport services included in the package may cause the traveller to lose their right to some or all remaining services.

3    CONCLUSION OF THE CONTRACT, PRICE AND PAYMENT

The contract becomes binding once the initial payment is made to the organiser by the given due date.

The package price shall include all taxes that can be paid before going on the package. 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.

In case of special requests related to the booking (incl. golf equipment, skis, wheelchair), contact Now/here customer service well in advance of the package. The applicable service price list can be found at https://www.travelnowhere.com/info/service-charges. 

The travel services selected to the shopping basket, e.g. flight, accommodation and experience shall be paid in full when finalizing the order or by another agreed due date. Provided that they pay for the package, the traveller is entitled to receive their tickets and other documents relating to their trip well in advance of the trip. In the web shop or in case a packaged travel is booked by Now/here customer service the payment may be made in accordance with the alternative payment methods mentioned at the time of the booking is made.

In these terms and conditions, the first passenger in the booking shall be considered the representative of the passenger group. The traveller or the representative of the passenger group is required to contact to Now/here customer service if travel documents for a paid and confirmed package have not arrived by email within 24 hours of the booking. The travel documents sent via email is travel confirmation and electronic flight tickets. The electronic flight ticket will be sent individually to each passenger to email addresses given at the time of the booking made. The sent travel confirmation (pdf.) works also as a voucher for a booked service e.g. accommodation and experiences.

If the web shop 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 representative of the passenger group shall immediately contact Now/here customer service. 

The travellers are obligated to bring the travel confirmation and as well as the most recent travel documents (electronic flight tickets and documents concerning accommodation as well as other possible additional services) on the package.

We shall reserve the right to target promotional offers and booking benefits to the new bookings. In this case, a new booking is one that is made during the time the campaign or booking benefit is valid. Additional rules and instructions may apply to promotional offers and booking benefits. Offers and benefits are personal and do not apply retroactively. 

4    YOUNG TRAVELLERS 

The representative of the passenger group shall be responsible for ensuring that at least one passenger of a full age is booked. Minors (under 18 years of age) are not allowed to take part in experiences without an adult of the same reservation.

An infant, child under two years of age, is not entitled to own seat on a flight or 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 travel, 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 Now/here customer services. When booking via web shop, 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.

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. Parents having 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 guardian’s consent. Also, transport companies, accommodation or other service provider, as well as authorities at the destination may limit the right of young travellers to travel or use certain services. For a child under the age of 18 travelling without legal guardians the requirements may vary and information can be found from local authorities or from Now/here customer service. 

The representative of the passenger group shall be responsible for ensuring that at least one passenger of a full age is booked. Minors (under 18 years of age) are not allowed to take part in experiences without an adult of the same reservation.

5    THE TRAVELLER’S RIGHT TO CANCEL THE BOOKING BEFORE THE BEGINNING OF THE PACKAGE 

The traveller has the right to cancel their booking at any time before the departure. In such circumstances, the organiser has the right to charge cancellation fees as shown on sections 5.1 and 5.2. Each cancellation is treated on a case-by-case basis. For changes and cancellations, the traveller must without delay contact Now/here customer service.

Now/here packages 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 rules of the airline and other travel service providers in the package travel that are binding to the organiser. 

Reselling an individually compiled Now/here package or using the package in an alternative way, is not possible in the case of cancellation. The cancellation charge is at a maximum equal to the purchased 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://www.travelnowhere.com/info/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 package has been calculated on two or more travellers is accommodated in the same room or apartment and one member of the party cancels the package, 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 package and are participating on the package are jointly and severally liable for the payment of these costs to the organiser. The organiser and the travel party going on the package 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 package shall be liable for possible additional expenses. 
If the package 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 entry documents necessary for the package, 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 package, for the protection of person and property, as well as travel interruption.  

5.1    Cancellation rules if the traveller is cancelling the accommodation and/or experience

Following rules are effective from the time when of the selected travel services are confirmed and paid for a Now/here package. At the same time, the travel service provider’s binding booking, and sales terms and conditions comes into force for the organiser. The accommodation and experience cancellation rules listed below are the rules which comes in to force at the time of the booking and are the actual costs to the organiser. In addition to the cancellation charge, the traveller must pay the office expenditure, service fee, pursuant to the organiser’s services price list, which shall cover the operating costs the change for organising the package so far

a) Administrative costs such as service fee as agreed, if a booking is cancelled at least 90 days before the start of the accommodation or experience.
b) 50% of the price of the accommodation or experience and service fee, if a booking is cancelled less than 90 days but at least 30 days before the start of the accommodation or experience.
c) 100% of the price of the accommodation or experience and service fee, if a booking is cancelled less than 30 days before the start of the accommodation or experience.

5.2    Cancellation rules if the traveller is cancelling the flight

The transportation in Now/here packages is based on scheduled flights and the packages are individually combined packaged travels not based on quotas obtained in advance. In case of cancellation of the reserved flight cancellation fees from individual fare rules will apply.  In addition to the cancellation fees, the traveller must pay the office expenditure pursuant, service fee, to the organiser’s service fee price list, which shall cover the operating costs the change for organising the package so far.

Now/here flights 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.

Confirmation of the selected flights for a Now/here package takes place automatically after the selected travel services 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’ booking, and sales terms and conditions do not often allow refunds for the cancellation after the booking has been confirmed. This means that the possibility of reimbursement can be very limited, if possible. 

5.3    The agreement, if only one travel services will be remaining after the partial cancellation

If only one service remains on the booking it considered as an only accommodation, experience or flight booking, and terms and conditions will apply based on the service that will remain. 

6    RIGHT TO CANCEL THE BOOKING BEFORE THE BEGINNING OF THE PACKAGE DUE TO CHANGES MADE BY THE ORGANISER OR THE CONDITIONS AT THE DESTINATION

6.1    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 package, such as a package 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 package 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 package 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 authorities' position on the issue shall be considered, e.g., the Consulate’s public information relating to the matter, or advice from the Ministry of Foreign Affairs.
c) the dates or times of the package change by more than 24 hours in the case of packages lasting at least 7 days; or by more than 12 hours in the case of packages lasting 2–6 days; or the traveller’s right to cancel packages lasting less than two days are assessed case-by-case.
d) they have strong reason to believe that the organiser will otherwise fail to deliver on some essential element of the contract.

6.2 The organiser must inform travellers about changes and the message shall clarify what changes the organiser intends to make, whether the changes will degrade the package package’s quality or lower its value and what price reduction the traveller may be accorded and whether changes entitle the traveller to cancel the package. 

6.3 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 (s)he will cancel the package, (s)he shall be considered to have approved the proposed changes.

6.4 The traveller’s right to cancel their booking due to price increases is described in section 9.3

6.5 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 6.1. b) was known to the traveller already when concluding the contract. 

If the cancellation arises from the reasons specified in sections 6.1.a), 6.1.c) or 6.1.d), the traveller shall have the right to receive compensation also for these expenses that have been made due to the package 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. 

7    RIGHT TO INTERRUPT THE PACKAGE AND TERMINATE THE CONTRACT DURING THE PACKAGE

7.1     The traveller has the right to interrupt the package 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 6.1. b) arises during the package and the traveller was not aware of the conditions at the destination when the contract was concluded.

7.2 A traveller who interrupts his/her trip or terminates the contract on the grounds of 7.1 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 package or admission tickets which travellers have used) in assessing the size of the rebate. 

7.3 If a traveller interrupts the package on grounds referred to in section 7.1. 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.

7.4 If a traveller interrupts the package under section 7.1. b) and the organiser does not assist him or her to arrange for repatriation in accordance with section 2.5, 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. 

7.5 Section 17 shall be applied to the potential right to receive compensation. 

8    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, service fee, to the organiser’s services price list, which shall cover the operating costs the change for organising the package so far. The applicable service price list can be found at https://www.travelnowhere.com/info/service-charges. Please note that travel services purchased separately at different times do not constitute a travel package, even if there are two different travel services.

The Now/here packages are an individually combined and is not possible in the case of amendments it cannot be used in an alternative way.

Confirmation of the selected flights and other travel services for a Now/here packages take place automatically after the package 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’ bookings 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 package. 

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 have notified later if that does not cause unreasonable inconvenience to the organiser.  

Alternatively, section 5 may be applied. Liability for the costs of the package and for the compensation payment to the organiser will be shared between the original traveller and the person travelling instead.

8.1    Change rules if the traveller is changing the accommodation and/or experience

Following rules are effective from the time when of the selected travel services are confirmed and paid for a Now/here package. At the same time, the travel service provider’s binding booking, and sales terms and conditions comes into force for the organiser. The accommodation and experience cancellation rules listed below are the rules which comes in to force at the time of the booking and are the actual costs to the organiser. In addition to the change, the traveller must pay the office expenditure, service fee, pursuant to the organiser’s services price list, which shall cover the operating costs the change for organising the package so far. 

a) Administrative costs such as service fee as agreed, if a booking is changed at least 90 days before the start of the accommodation or experience.
b) 50% of the price of the accommodation or experience and service fee, if a booking is changed less than 90 days but at least 30 days before the start of the accommodation or experience.
c) 100% of the price of the accommodation or experience and service fee, if a booking is changed less than 30 days before the start of the accommodation or experience.

8.2    Change rules if the traveller is changing the flights

The transportation in Now/here packages is based on scheduled flights and the packages are individually compiled packaged travels not based on quotas obtained in advance. In case of any changes of the reserved flight change fees from individual fare rules will apply.  In addition to the change fee, 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 package so far.

Now/here flights 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.

Confirmation of the selected flights for a Now/here package takes place automatically after the package 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’ booking, and sales terms and conditions do not often allow refunds for the changes after the booking has been confirmed. This means that the possibility of reimbursement can be very limited, if possible. 

8.3    The agreement, if only one travel services will be remaining after the changes done

If only one service remains on the booking it considered as an only accommodation, experience or flight booking and terms and conditions will apply based on the service that will remain. 

9    CHANGES TO PRICES 

9.1 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 package. 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. 

9.2 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. 

9.3 If the package price after conclusion of the contract is raised by more than 8%, as calculated under section 9.2, the traveller is entitled to terminate the contract. The traveller shall inform the organiser if (s)he 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, (s)he is entitled to refund for the price of the package 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 17.

9.4 The organiser shall indemnify the traveller by a proportion corresponding to the reduced costs based on the causes in section 9.1 a-c which arose before the package. The organiser shall have the right to recover actual administration costs caused by the repayment. 

10    CHANGES TO THE PACKAGE TRAVEL CONTRACT MADE BY THE ORGANISER 

10.1 If before departure the organiser makes changes to the package travel contract that are insignificant to the whole package, the traveller shall not be entitled to cancel the contract or obtain a reduction of the price or compensation. As insignificant changes mean such changes as the traveller could reasonably have foreseen, given the destination or nature of the package, such as the cancellation of an experience included in the package travel, if the package includes several experiences. 

10.2 Significant changes by the organiser that entitle one to cancel the package is listed in section 6.1. 

10.3 If the organiser makes other insignificant changes than those indicated in section 10.1 or the changes justifying cancellation specified in section 10.2, 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 16 and 17. 

10.4 The organiser must inform the traveller of any changes by means of a durable medium in a clear, comprehensible and prominent manner.

10.5 Instead of cancelling a package or a series of packages due to low demand, the organiser has the right to run the package by changing the form of transport, route and/or timetable as long as these changes do not significantly affect the nature of the package.  The traveller must be informed of such changes:
1) at least 20 days before the start of the package in the case of packages lasting more than six days;
2) at least seven (7) days before the start of the package in the case of packages lasting between two and six days;
3) at least 48 hours before the start of the package in the case of packages lasting less than two days.

The aforementioned changes may entitle the traveller to a price reduction and/or compensation pursuant to sections 16 and 17.

11    THE ORGANISER’S RIGHT TO CANCEL OR INTERRUPT A PACKAGE

11.1    The organiser has the right to cancel a package if 

a) not enough participants have signed up for the package and the organiser has specified that the performance of the package 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 packages or series of packages to a particular destination. 

Travellers must be informed of such cancellations
1) at least 20 days before the start of the package in the case of packages lasting more than six days; 
2) at least seven (7) days before the start of the package in the case of packages lasting between two and six days; 
3) at least 48 hours before the start of the package in the case of packages lasting less than two days.  
b) the organiser’s ability to perform the package 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 package 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.

11.2 If a situation referred to in section 11.1.b. should arise during the package, the organiser has the right to cancel the package and make other necessary changes in the travel programme. After the package, the organiser must promptly refund the traveller the part of the price that corresponds to the omitted service.

11.3 After the package has been cancelled, the organiser shall refund the traveller’s payments no later than 14 days after the contract has been cancelled.

12    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 by the agreed due date. In the document stating the payment shall state that the organiser has the right to terminate the contract because of non-payment.

13    BREACH OF CONTRACT AND COMPLAINTS

13.1    The organiser is 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) they fail to provide the traveller with all the information required under the Act on Travel Service Combinations 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) they fail to provide assistance pursuant to section 2.5.

13.2 The traveller must be prepared for reasonable changes to transport timetables. Changes to transport timetables 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 do not constitute a breach of contract. In the case of trips lasting less than two days, what constitutes a breach of contract is assessed case by case.

13.3 A traveller failing to take advantage of some or all of the transport or other services included in the package does not constitute a breach of contract on the part of the organiser.

13.4 Complaints
A traveller wishing to complain about a breach of contract by the organiser after the trip must contact the Now/here customer service of their complaint within a reasonable period of time from when they notice or should have noticed the breach. A traveller who notices a breach of contract that can be remedied during the trip must alert the organiser as soon as possible.
Unless the breach of contract requires immediate remedial action, the traveller must 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 service provider by the organiser for assistance in delivering on the contract has acted with gross negligence or in bad faith.

14    RECTIFYING BREACHES OF CONTRACT

14.1 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 section16 and to compensation pursuant to section 17.

14.2 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. An 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 16 and 17.  

15    PROVISION OF ALTERNATIVE SERVICES DURING A PACKAGE 

If a significant portion of travel included in a traveller’s package cannot be provided during a package, 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, (s)he 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, (s)he shall not be entitled to compensation or a price reduction.  

16    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. 

17    COMPENSATION

17.1 The traveller is entitled to compensation for any losses incurred by them because of a breach of contract by the organiser. The organiser must pay the compensation without undue delay. However, the right to compensation is lost if the organiser can demonstrate that1) 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 17.9.

17.2 The traveller can be compensated, for example, for any additional costs incurred by them due to a breach of contract and for any amounts they have spent on their package that have become worthless as well as any loss of income due to a delayed return home, additional costs incurred from having to arrange additional overnight accommodation as well as any loss of enjoyment from the holiday or package. Compensation for the loss of enjoyment will only be paid in the case of a serious breach of contract by the organiser.

17.3 The traveller is entitled to compensation for the loss of their luggage, if the traveller not having access to their luggage must be deemed to have inconvenienced them, considering the length of the delay and other circumstances.

17.4 The traveller must take any reasonable steps to mitigate their losses. The organiser cannot be held liable for losses resulting from the traveller’s own actions. 

17.5 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 Finnish Maritime Act (674/1994) or Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents, the Finnish Act on Transport by Air (289/1937), the Finnish Act on Air Transport Contracts (45/1977), the Finnish Air Transport Act (387/1986), the Finnish Rail Transport Act
(1119/2000), Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents or the Convention concerning International Carriage by Rail (COTIF; TrS 5/1985), the Convention for the Unification of Certain Rules for International Carriage by Air (TrS 76/2004) or the 2002 Protocol to the 1974 Athens Convention relating to the carriage of passengers and their luggage by sea (TrS 70/2017).

17.6 The amount of compensation payable to the traveller depends on the amount of losses incurred by them and is in all cases limited to three times the price of their package. However, this limitation of liability does not apply in the event of personal injury or other losses caused intentionally or through negligence.

17.7 To be eligible for compensation, the traveller must demonstrate that the organiser has committed a breach of contract and that the losses are directly attributable to the breach. The burden of proof regarding the amount of losses also rests with the traveller.

17.8 The traveller’s liability for damages payable to the organiser is laid down in section 2.6.3.

17.9 The organiser cannot be held liable for any losses resulting from unavoidable and extraordinary circumstances that are beyond the organiser’s control and the consequences of which could not have been avoided even if all reasonable steps had been taken. Such unavoidable and extraordinary circumstances include, for example, orders by the authorities, airspace restrictions, war, other serious security issues, such as terrorism, serious unrest, significant risks to human health, such as the outbreak of a serious disease at the destination, or natural disasters such as flooding, earthquakes or weather conditions that make travelling to the destination in a safe manner as specified in the package travel contract impossible or that otherwise significantly impede running the package as agreed. Such circumstances also include interruptions in the supply of essential services, such as electricity or water, due to a natural disaster or workers’ strikes, for example.

17.10 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 package.

18    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 17.9.

Booking errors may be attributable to travellers, for example, if they provide the organiser with incorrect or incomplete information concerning themselves or the package. 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.

19    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.

20    CLAIMS FOR DAMAGES

20.1 Provisions on claims against the organiser appear in section 13. 

20.2 Indemnity claims shall be filed with the organiser within a reasonable time. Claims could be sent to https://www.finnair.com/fi/gb/information-services/feedback  or contacting Now/here customer service.

21    DISPUTES

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.

22    LIABLE ORGANISER

Oy Aurinkomatkat – Suntours Ltd Ab Tietotie 9, PO Box 200, 01530 VANTAA, Finland, tel: +358 10446441/central
Now/here customer service tel. +358 9 818 0080 (LSA/MSA). Current opening hours are available at www.travelnowhere.com/info/contact

These Now/here special terms and conditions have been published as of 24th of April 2019 and are valid until further notice. Now/here/Aurinkomatkat Oy – Suntours Ltd Ab reserve the right amend or restrict these terms and conditions.

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