Travel rules for package holidays

General terms and conditions for package holidays

The terms govern the contractual relationship between Annas Højskole ApS (hereinafter the travel organiser) and travellers (hereinafter the traveller) who purchase a package holiday. The agreement is entered into and carried out in accordance with the Danish Package Travel Act (Act No. 1666 of 26/12/2017 on package travel and linked

travel arrangements).

1. Conclusion of the agreement

1.1. The conclusion

An agreement to purchase a package holiday between the traveller and the travel organiser is concluded and binding on both parties when the offer is accepted by the traveller. It is a precondition that the travel services which together will constitute a package holiday are purchased at the same time.

The travel organiser sends a written offer to the traveller along with these general terms and conditions. The traveller accepts the offer in writing before the deadline stated in the offer. If the traveller does not accept the offer before this deadline, the travel organiser is no longer bound by the offer. OR:

The traveller accepts the travel organiser's offer by telephone. Before the traveller accepts, the travel organiser informs the traveller of the relevant terms of the agreement and where the traveller can find these general terms and conditions. The agreed terms and these general terms and conditions are sent to the traveller after the agreement has been concluded by telephone.

Payment of the deposit within the deadline stated in the offer is also regarded as written acceptance. If the traveller does not accept the offer before the stated deadline or does not pay the deposit on time, Annas Højskole is no longer bound by the offer.

1.2. Travel documents

After the agreement is concluded, the travel organiser sends the travel documents (for example a travel certificate, an order confirmation, an invoice and/or an itinerary) to the traveller without undue delay.

The sending of travel documents and other correspondence between the traveller and the travel organiser, including but not limited to changes to the package holiday, takes place at the postal address, email address or other form of contact that the traveller used in connection with the conclusion of the agreement.

The traveller is also obliged to provide the contact details necessary for the travel organiser to contact the traveller both before and during the trip.

If the traveller does not receive the travel documents within 4 days, the traveller must immediately contact the travel organiser. If the traveller has provided an email address, the traveller must first check the spam filter.

Upon receipt, the traveller is obliged to review the travel documents sent and the “practical information” (see section 4.3.) and to react immediately to the travel organiser if the information does not correspond to what was agreed.

2. Price and payment

2.1. Price

The price of the trip is a so-called “total price”, which means that it includes all mandatory taxes, duties and all additional fees, costs and any supplements related to the services the traveller has purchased from the travel organiser.

At the destinations, local fees, admission charges and duties may be charged, which it is not possible to collect at the conclusion of the agreement, as these payments relate directly to local rules or to the use of additional services beyond what is stated in the agreement.

The total price of the trip is stated on the traveller's invoice. If changes occur to the specific trip or to its preconditions as a result of the traveller's circumstances, this may result in the price being changed, and additional payment may

be charged.

2.2. Payment

If the traveller defaults on their part of the agreement with regard to payment, the travel organiser is entitled to cancel the agreement. In such cases, the travel organiser is entitled to payment of the amount that the traveller would lose under the rules in section 6.2. if they had cancelled the trip on the day of the missing payment.

3. Connecting travel

Annas Højskole is only responsible for connecting travel if it is marketed together with the main arrangement as part of the package holiday or booked as a special agreement by the traveller through Annas Højskole. Connecting travel means transport of the traveller from/to the place where the package holiday begins and ends respectively.

4. Cancellation and travel insurance

Before the conclusion of the agreement, the travel organiser provides the traveller with information about the option or obligation to take out insurance covering the traveller's expenses in the event of termination of the agreement (cancellation insurance) or the costs of repatriation, etc. in the event of accident, illness or death (travel insurance), as well as the terms of these insurances.

See all insurance terms here on Gouda Rejseforsikring's website:

Annual travel insurances and cancellation insurances

If the traveller wishes to take out cancellation insurance or travel insurance through the travel organiser, the traveller must inform the travel organiser of this before the agreement is finally concluded, and in that connection, and in good time before the conclusion of the agreement, the travel organiser informs the traveller of the following information:

The travel organiser is an insurance intermediary for the above-mentioned insurance products, and our contact details are as follows:

Annas Højskole ApS, Gothersgade 11, DK-1123 Copenhagen K.

The traveller can complain about the travel organiser as an insurance intermediary by sending a complaint to the non-life insurance company that sells the insurance products. The travel organiser is entered in the Danish Financial Supervisory Authority's register of companies that meet the conditions for registration to carry out ancillary insurance intermediation. This is a public register, and the traveller can contact the Danish Financial Supervisory Authority to check whether the travel organiser is listed in the register in question.

The travel organiser receives commission from the insurance company in connection with the intermediation of the cancellation and travel insurances.

The travel organiser arranges insurance for the following non-life insurance company: Gouda Rejseforsikring, A.C. Meyers Vænge 9, 2450 Copenhagen SV.

The non-life insurance company is covered by the Guarantee Fund for non-life insurance companies.

5. The traveller's general obligations

5.1. Passport, visa and health formalities (including vaccinations)

The traveller must be in possession of a valid passport with at least six months' validity at the end of the trip, as well as the documents necessary for carrying out the trip, including visas and proof of required vaccinations.

At the conclusion of the agreement, Annas Højskole informs the traveller of passport and visa requirements, including information on the expected time required to obtain a visa and the other necessary documents. Annas Højskole also provides information on any health formalities in the form of vaccination requirements or similar, as well as other documents and conditions necessary for carrying out the trip. Special rules for entry and exit apply to certain countries. If this is the case, it will be stated in the agreement. The traveller can contact Annas Højskole for further information about these rules.

Necessary documents (passport, vaccination card, visa, etc.) must be brought on the trip. It is also VERY IMPORTANT that the traveller's passport is completely intact, i.e. no folds, stains or the like. Otherwise you risk being refused at check-in, and the flight is, as a rule, lost. It is the traveller's own responsibility to ensure that the passport complies with the applicable rules.

Annas Højskole's information to the traveller about passport and visa requirements is based on the rules for Danish citizens. If the traveller does not have a Danish passport or has dual citizenship, the traveller must make Annas Højskole aware of this, so that the traveller can receive the correct advice and guidance, including referral to the relevant authorities. In this connection, see, among others, www.um.dk and www.ssi.dk.

5.2. Persons with reduced mobility

The travel organiser's promotional material will state whether the trip is generally suitable for persons with reduced mobility. The traveller may also, before the conclusion of the agreement, ask the travel organiser to provide precise information about the suitability of the trip in relation to the traveller's needs. It is a precondition for such a request that the traveller provides the travel organiser with all necessary and relevant information about the traveller's needs.

5.3. Names on travel documents

The traveller is responsible for ensuring that the names shown on the travel documents are identical to the full name shown in the traveller's passport. What is decisive is that the first given name and surname are correct. There is room for a limited number of characters on a plane ticket, which is why there will often not be room for middle names, and these may therefore be abbreviated or omitted entirely. If the traveller becomes aware of any discrepancies between the travel documents and the passport, the traveller must immediately notify Annas Højskole, who will attempt to correct the error. If the discrepancy is due to the traveller's circumstances, any expenses associated with it will be borne by the traveller. If changes are not possible, the traveller cannot hold Annas Højskole liable.

5.4. Timely attendance

In cases where the traveller cannot arrive on time for the booked travel service, the traveller must contact the supplier in question and inform them of the later attendance. If the traveller does not reach a satisfactory solution with the supplier, the traveller must contact the travel organiser. If the traveller fails to contact the supplier and/or the travel organiser, the reservation will be cancelled by the supplier, and the traveller will not be able to use the reservation or obtain a refund of the payment for it.

If plane tickets are part of the package holiday, they must be used in the correct order. If the traveller does not use the plane tickets in the correct order, the airline will cancel the remaining flight legs. The traveller cannot therefore use only individual legs of a flight journey. For example, the traveller cannot use only a return journey.

The traveller must have completed any check-in in accordance with the times and places for latest check-in on the outbound and return journeys stated in the itinerary or by other clear instruction. The traveller is responsible for drawing

attention to themselves in the check-in queue if the traveller must anticipate that they will not be able to complete check-in within the stated times.

The traveller must keep informed about return travel times by, in good time before the return journey, checking whether any changes have been made or announced to the return travel time stated in the travel documents. Notice of such changes will be given to the traveller individually or by notice at a place agreed in advance by either the travel organiser, its representatives or the travel organiser's subcontractors.

The traveller must continuously keep updated on the departure places and times of the included means of transport. This can be done, for example, by keeping an eye on information screens immediately after arriving at an airport and contacting airport staff if in doubt about which terminals or gates the plane departs from. Terminal and gate changes often occur and are outside the travel organiser's control. In such situations, the traveller cannot make any claim against the travel organiser.

5.5. Rules of conduct

The traveller must comply with the rules of conduct that apply to all the package holiday's subcontractors, such as hotels, airports, means of transport, etc.

The traveller must behave in such a way that fellow travellers do not feel disturbed. In serious or repeated cases, inappropriate behaviour may lead to the traveller being expelled by the travel organiser or its representatives from further participation in the trip. In such cases, the traveller is responsible for their own repatriation and the resulting expenses. In the event of expulsion, the traveller is not entitled to receive any form of refund of the package holiday price.

The travel organiser is not liable for the exercise of public authority, including but not limited to police intervention/action against the traveller in connection with the traveller's inappropriate behaviour. In such situations, the traveller is themselves responsible for any expenses that the traveller may incur, just as the traveller cannot make any claim against the travel organiser and will not be entitled to a refund of the package holiday price.

5.5.1 Non-compliance

If the traveller does not comply with the requirements regarding passport, visas, health formalities, other required documents, the statement of the correct name on the travel documents and the review thereof, the rules on timely attendance and the rules of conduct, the traveller cannot make any claim against the travel organiser, the intermediary or the subcontractor of the package holiday for the consequences, defects, inconveniences or losses caused by the traveller's failure to comply with the traveller's general obligations.

6. Changes to the concluded agreement

6.1. Transfer of the package holiday

The traveller can transfer the trip to another person for a fee of DKK 1,000 per person, plus any costs that the travel organiser may be charged by the package holiday's subcontractors as a result of the transfer. Notice of transfer must be given to the travel organiser on a durable medium no later than 7 days before the start of the trip. Notice after this time means that the traveller loses the right to transfer the package holiday.

Transfer can only take place if the person to whom the package holiday is transferred meets the necessary conditions and requirements for carrying out the trip stated by the travel organiser at the conclusion of the agreement, including passport, visa and health requirements.

The right to transfer the package holiday may be wholly or partly restricted by the travel organiser if the transfer is not possible as a result of the subcontractor's terms. Restrictions on the right of transfer will always be clearly stated in the traveller's travel documents.

In this connection, the traveller's attention is drawn to the fact that by far the majority of plane tickets included in package holidays cannot be changed or refunded once they have been booked (“non-refundable” tickets).

The traveller's travel documents will state if the plane ticket or the other travel services cannot be changed or refunded. If the package holiday contains such travel services, the price of the travel services subject to the said restrictions will be lost if a trip is to be changed after booking.

The transferor of the package holiday and the person to whom the package holiday is transferred are jointly and severally liable for payment of any outstanding amounts and costs as a result of the transfer.

6.2. Price changes

After the conclusion of the agreement, the travel organiser may make changes to the agreed price of the package holiday if there are changes to the price of transporting passengers as a result of costs of fuel or other energy sources.

The calculation of these changes is made according to the calculation examples below:

Agreed price

Change

Calculation

New price

DKK 3,000 DKK 3,050

Of which fuel surcharge: Increase in fuel surcharge:

DKK 200 DKK 50 DKK 200 + 50

If part of the package holiday price is settled in a currency other than DKK, this amount or its share of the total price will be stated on the invoice. Foreign currencies used to calculate the package holiday price will be stated on the invoice, with the currency designation, its exchange rate and the date of the set exchange rate.

In the event of changes to the price of the trip, the travel organiser notifies the traveller of price increases and price reductions. The notification must be given on a durable medium and no later than 20 days before departure. The price can be increased by a maximum of 8% of the package holiday price. If the increase is more than 8% of the package holiday price, the traveller will be entitled to cancel the agreement.

In the event of a price reduction as a result of changes in the above conditions, the traveller is entitled to a price reduction corresponding to the price reduction resulting from the changes. In this connection, the travel organiser is entitled to deduct costs associated with the refund to the traveller.

6.3. The traveller's changes to the package holiday

If the traveller wishes to make changes to the package holiday, they must contact the travel organiser as soon as possible. If it is possible for the travel organiser to change the package holiday, the traveller must bear the additional expenses that the changes entail. The travel organiser is not obliged to make changes to the package holiday.

If the traveller wishes to make changes that the travel agency cannot accommodate within the existing agreement, the change will, if the traveller maintains the wish to have the package holiday changed, be regarded as a cancellation of the package holiday, cf. section 7.2, and a new booking.

6.4. The travel organiser's changes to the package holiday

6.4.1. Insignificant changes

Before the start of the package holiday, the travel organiser is entitled, without liability, to make insignificant changes to the package holiday without the traveller's consent. The traveller is obliged to accept such changes if the travel organiser, before the start of the package holiday and without undue delay, clearly informs the traveller of the changes in question.

6.4.2. Other changes

If, before the start of the package holiday, the travel organiser either:

• makes significant changes to the package holiday,

• or cannot deliver specific services that the traveller has requested and that the travel organiser has agreed to deliver,

• or increases the price of the trip by more than 8%

the traveller has the following rights:

• the traveller can cancel the agreement and be refunded the amounts paid in respect of the trip,

• or, if the travel organiser offers it, the traveller can take part in a replacement trip.

The travel organiser is obliged, without undue delay, to contact the traveller and inform them of the significant changes, as well as any effect they may have on the package holiday price.

In its communication, the travel organiser sets a reasonable deadline for when the traveller must inform of their decision, and also states that the consequence of not meeting this deadline is that the traveller is deemed to have accepted changes covered by 6.4.2.

In certain situations, the traveller may be entitled to compensation if a financial loss has been suffered as a result of the above significant changes, unless the cause thereof is due to unavoidable and extraordinary circumstances.

7. Termination of the agreement

7.1. Right of withdrawal

For the purchase of package holidays, there is no right of withdrawal, cf. section 18(2)(1) and section 7(2)(5) of the Danish Consumer Contracts Act, which exempts passenger transport from the scope of the Consumer Contracts Act.

7.2. Cancellation of the package holiday

7.2.1. Normal cancellation terms

The traveller can cancel the package holiday before the start of the package holiday according to the standardised cancellation terms below, unless the travel organiser has stated in writing before the conclusion of the agreement that cancellation will take place according to an individual calculation of the cancellation fee, corresponding to the package holiday price less saved costs and any income from the sale of the cancelled travel services. If cancellation takes place according to an individual calculation, the agreement basis will state which travel services may be restricted by the travel organiser's right of cancellation towards third parties.

• In the event of cancellation no later than 64 days before the departure day, the travel organiser refunds the traveller the amount paid less the deposit.

• If cancellation takes place later than 64 days before the departure day and no later than 36 days before the departure time stated in the travel documents, the travel organiser is entitled to charge 50% of the total price of the trip.

• If cancellation takes place later than 36 days before departure, the travel organiser is entitled to charge the total price of the trip as a cancellation fee.

7.2.1.A: For folk high school trips in Vietnam, the following stricter rules apply:

• In the event of cancellation no later than 125 days before the departure day, the travel organiser refunds the traveller the amount paid less the deposit.

• If cancellation takes place later than 90 days before the departure day and no later than 60 days before the departure time stated in the travel documents, the travel organiser is entitled to charge 50% of the total price of the trip.

• If cancellation takes place later than 60 days before departure, the travel organiser is entitled to charge the total price of the trip as a cancellation fee.

In the event of cancellation

7.2.2. Cancellation in the event of acts of war, etc.

The traveller can, without paying a fee, cancel a package holiday before the start of the package holiday if, at the travel destination or in its immediate vicinity, unavoidable and extraordinary circumstances occur that significantly affect the provision of the package holiday or the transport of passengers to the destination.

In order for the traveller to be able to cancel without paying a fee, the unavoidable and extraordinary circumstances in question must, based on an objective assessment, make it impossible to travel safely to the destination, for example on the basis of guidance or statements from the Ministry of Foreign Affairs, the health authorities, etc. See www.um.dk and www.ssi.dk.

In the event of fee-free cancellation, the traveller is entitled to a full refund of the package holiday price, but is not entitled to any further compensation from the travel organiser.

However, the fee-free right of cancellation does not apply if the customer knew or should have known of the event in question at the conclusion of the agreement, or if the event was otherwise generally known.

If the traveller cannot cancel fee-free in accordance with the above, the ordinary cancellation rules apply, cf. section 6.2.

For round trips, the traveller only has the right to cancel the part of the package holiday that takes place in the area advised against. However, if this part of the package holiday constitutes a significant part of the package holiday, the traveller is entitled to cancel the trip entirely.

7.2.3. Time of refund and calculation of the cancellation fee

Refund of amounts under sections 6.2.1 and 6.2.2 must take place no later than 14 days after the traveller's cancellation of the package holiday, which is why the calculation of the fee in the event of individual cancellation is likewise calculated at the latest at this time in relation to the possibility of reselling the cancelled travel services.

7.3. The travel organiser's termination

7.3.1. Termination due to lack of participation

If carrying out the trip is conditional on a certain minimum participation, this will be stated in the travel organiser's promotional material or elsewhere in the agreement basis. It will also state how many participants there must be as a minimum, or a minimum occupancy percentage, before the trip is carried out, as well as when this number must have been reached at the latest before the start of the trip.

If the necessary number of participants is not reached before the stated time, the travel organiser can terminate the agreement on the package holiday without liability. The travel organiser notifies the traveller of the termination of the agreement before the deadline stated in the agreement, but no later than

20 days before the start of the package holiday, if the duration of the trip is more than six days,

• 7 days before the start of the package holiday, if the duration of the trip is between two and six days, or

• 48 hours before the start of the package holiday, if the duration of the trip is less than two days.

7.3.2. Termination due to unavoidable and extraordinary circumstances

The travel organiser can also terminate the agreement on a package holiday without liability if the travel organiser is prevented from fulfilling the agreement due to unavoidable and extraordinary circumstances, and the travel organiser notifies the traveller of the termination of the agreement without undue delay and before the start of the package holiday.

In the above termination situations, the traveller has the amounts paid for the trip refunded no later than 14 days after the termination, and the traveller will not be entitled to compensation.

8. Defects and complaints

If a defect is discovered after the start of the trip – en route or at the destination – the traveller must, immediately after the discovery, complain about the defect to the travel organiser, its representative at the destination or to the subcontractor to which the defect relates.

The traveller must ensure that the complaint is noted by the travel organiser's representatives and/or subcontractors on site – for example through a note in a hotel logbook or in another written form. In addition, the traveller should ensure that they obtain a receipt for the complaint.

If the traveller fails to complain as described above, this will have consequences for the traveller's right to subsequently invoke the defect and for obtaining compensation.

9. Limitations of the travel organiser's liability

The airlines have direct responsibility for the correct performance of the transport under the Warsaw and Montreal Conventions, EU Regulations 889/2002 and 261/2004 and the Danish Air Navigation Act.

The travel organiser limits its liability to the applicable monetary limits at any given time as set out in the Warsaw and Montreal Conventions (air carriage), the Athens Convention and EU Regulation 392/2009 (carriage by sea) and the COTIF Convention and EU Regulation 1371/2007 (rail carriage). The travel organiser's liability can therefore not exceed the amount that applies to the carriers who have direct responsibility for the carriage.

The applicable SDR rate (XDR) can be found at www.nationalbanken.dk

The limitations on the maximum compensation under the Warsaw and Montreal Conventions are set at:

• in the event of the death or injury of passengers: 113,100 SDR – if the airline can prove that it has not acted negligently or improperly, or if the incident is due to the negligent or improper conduct of a third party

• for damage caused by delay of passenger transport: 4,694 SDR

• for destruction, loss, damage or delay of baggage: 1,131 SDR

The limitations on the maximum compensation under the Athens Convention and EU Regulation 392/2009 are set at:

• in the event of the death or injury of passengers: 250,000 SDR to 400,000 SDR – depending on the cause of the injury and the fault shown by the carrier

• for destruction, loss or damage of hand luggage: 2,250 SDR

• for destruction, loss or damage of vehicles, including luggage in or on the vehicle: 12,700 SDR – the carrier is only liable for damage caused by fault on its part

• for destruction, loss or damage of luggage other than hand luggage and vehicles: 3,375 SDR

So-called “valuables” are not compensated under these rules.

The limitations on the maximum compensation under the COTIF Convention and EU Regulation 1371/2007 are set at:

• in the event of the death and injury of passengers: 175,000 SDR

• for loss of or damage to items: 1,400 SDR

• for total or partial loss of a vehicle: 8,000 SDR

• for damage to items left in the vehicle: 1,400 SDR – the carrier is only liable for damage caused by fault on its part

As regards bus transport, the limitations for death or injury and loss or damage of luggage follow from Regulation 181/2011 of 16 February 2011 on the rights of bus passengers.

If the carrier's liability is not limited in other EU legislation or international conventions, the travel organiser limits its liability to three times the total price of the package holiday.

10. Submission of claims after the end of the trip

Claims for compensation and/or a proportionate reduction in the price of the trip – as a result of defects that have been complained about correctly and that have not been remedied by the travel organiser – must be submitted to the travel organiser within a reasonable time after the end of the trip. Otherwise, the traveller loses the right to make claims against the travel organiser.

The traveller can complain to Annas Højskole at [email protected]

11. Right of set-off when paying compensation and/or reimbursement

When submitting the complaint to the travel organiser, the traveller must state whether the traveller has also applied for compensation or reimbursement from the carrier on the basis of EU regulations on passenger rights and liability in passenger transport and under the international conventions that also regulate this matter.

If the traveller has received compensation and/or reimbursement from the carrier, the travel organiser is entitled to set off compensation and/or reimbursement under the Act on package travel and linked travel arrangements against the compensation and/or reimbursement that the traveller has received from the carrier.

12. Venue and choice of law

If agreement on a compensation claim and/or amount, etc. cannot be reached by complaint to the travel organiser or the intermediary, the traveller can bring the complaint before the Danish Travel Complaints Board (Pakkerejse-Ankenævnet), Røjelskær 11, 3rd floor, 2840 Holte.

The website of the Travel Complaints Board is www.pakkerejseankenaevnet.dk.

Complaints to the Travel Complaints Board can also be submitted via the European platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. The travel organiser's email address for this purpose is [email protected].

All disputes and disagreements that may arise or derive from the formation and/or fulfilment of a given agreement, and that cannot be resolved between the parties alone or by the Travel Complaints Board, must, if the parties wish to bring the matter, be brought before the Danish national courts for final decision, and will be subject to Danish law, unless otherwise provided by Regulation 1215/2012 and the Rome Convention of 1980.

13. Guarantee with the Danish Travel Guarantee Fund

In the event of its bankruptcy, the travel organiser has provided a guarantee for the refund of the traveller's payments with:

The Danish Travel Guarantee Fund, Røjelskær 11, 3rd floor, 2840 Holte.