Welcome to Hekla.com!

These terms and conditions outline the rules and regulations for the use of Hekla.com ApS s services in general and for Hekla.com ApS´s Website, located at www.hekla.com, particularly.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Hekla.com if you do not agree to take all of the terms and conditions stated on this page.

This website (including sub-sites and including text, images, videos, software, products, services, and other information contained in or presented on the website; all together the "Website") is provided by Hekla.com ApS.

These terms of use (the "Terms of Use"), together with the privacy policy (the "Privacy Policy"), apply to any use of the Website. Visitors of the Website ("User", or "you") may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy (link to our privacy policy). Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

Cookies

We employ the use of cookies. By accessing Hekla.com, you agreed to use cookies in agreement with the Hekla.com´s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

I. General Terms and Conditions

Introduction

Hekla.com ApS, Vester Farimagsgade 3, 1. 1606 Copenhagen V, Denmark runs an intermediary Platform for excursions, travel packages and flights (hereinafter referred to as the "Hekla.com Platform" or "Platform"). On the Hekla.com Platform Users can find and book tours, activities, travel packages and flights in Northern Europe. The online offer comprises guided tours, self-guided tours and flight. The offers are placed online in collaboration with a range of local Providers around the world (hereinafter referred to as "Providers") with whom the respective contract for tourist services is concluded ("service agreement"). The Providers’ services can be accessed via the Hekla.com Platform and bookings can be made.

Hekla.com ApS approaches both consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
a. A "User" is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities (Section 13 German Civil Code – "BGB").
b. A "company" is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract (Section 14, paragraph 1, BGB).
c. The "User" denotes a natural person, unless this person has been explicitly registered with Hekla.com ApS as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity. The "User" subsequently also includes Users referred by sub-agent or distribution partners.

No Offer

The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with Providers of activities available on the Website require a booking request through the Hekla.com Platform and the Provider´s acceptance of the booking request according to the General Terms and Conditions of Hekla.com ApS.

No Warranty

While Hekla.com ApS tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Hekla.com ApS may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. Hekla.com ApS may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. Hekla.com ApS does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, Hekla.com ApS does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

Limitation of liability

Hekla.com ApS excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.

Third-party content & links to other websites

Hekla.com ApS does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. Hekla.com ApS does not recommend or endorse such content, and will not have any liability relating to it. Where Hekla.com ApS links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to: info@hekla.com.

Air transport services

Air transport services may be offered separately or as part of a Package Holiday and, whether booked separately or as part of a Package Holiday, are subject to the applicable Rules and Restrictions (including conditions of carriage, fare rules and restrictions) of the Third Party Providers as well as the provisions of this section.

The Rules and Restrictions may include restrictions on and/or charges for cancellation and changes. The Rules and Restrictions of the Third Party Providers of air transport services are made available prior to making a booking.

Any money paid to an authorised agent (for the purpose of the Air Travel Organisers Licensing Regulations 2012) of Hekla.com in respect of an Hekla.com Travel flight-inclusive Package Holiday is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent´s obligation to pay it to Hekla.com for so long as Hekla.com does not fail financially. If Hekla.com does fail financially, any money held at that time by the agent or subsequently accepted from the Customer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to Hekla.com.

If Hekla.com, Inc. receives payment on behalf of the Third Party Provider from the Customer for a booking of standalone air transport services, Hekla.com acts as agent of the Third Party Provider of the relevant air transport services. This means the Customer´s contract for the air transport services is between the Customer and the Third Party Provider of the relevant air transport services.

Prices and fees for some low-cost flights may be in another currency. The actual amount charged by the low-cost carrier may slightly differ due to varying exchange rates applied by different card issuers. Hekla.com is not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates and card issuer fees.

EU Community list

In accordance with EU regulations, details of air carriers that are subject to an operating ban within the European Community are available at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm.

Air transport terms and conditions

The Customer is responsible for complying with the instructions of the airline and/or tour operator, in particular with respect to flight check-in times. In particular, the Customer acknowledges and agrees that:

  • Hekla.com has no control over the allocation of seats on any air transport, even if pre-booked with the airline, and does not guarantee that specific seats will be available on departure.
  • Hekla.com has no control over any indications of the hours spent flying which are provided by the Third Party Provider of the relevant air transport services, which are given for guidance only and which are subject to alteration and confirmation.
  • It is the Customer´s responsibility to confirm his / her return flight in accordance with the requirements of the Third Party Provider of the relevant air transport service.
  • If the Customer books a return journey and does not use the outward flight, the airline may cancel the return flight without refund. This also applies if the return flight is not taken and insofar as the travel is not taken at all. The Customer must use flight coupons in sequence.
  • In the case of special or charter flights, the name of the airline, the flight schedule, the aircraft type, the itinerary and possible intermediate stops are only given as an indication of the outward and return flights in the trip. In accordance with the applicable Rules and Restrictions, these flights, aircraft types and flight numbers can be subject to change, and can be moved by up to 24 hours, even after confirmation.
  • Additional charges may be imposed by some airlines for meals, luggage, preferred seat selection, etc. Hekla.com is not responsible for such charges and information on charges shown on the Website are for information only and may be amended by airlines at any time.
  • The Customer must comply with all applicable Rules and Restrictions on the carriage of pregnant women.
  • The Customer must comply with the applicable Rules and Restrictions on the carriage of children and in particular that children older than 2 years on the return date must have a return ticket at a child fare for both the outbound and inbound flights. Customers who do not comply with this will not be eligible for a refund of any seat charges incurred during travel. Children under 2 years will not be allocated their own seat in the aircraft, unless a child fare has been booked for them. Unaccompanied children under 14 will only be carried in accordance with the applicable Rules and Restrictions.

Combined one-way tickets

Hekla.com, Inc. may offer Customers the opportunity to book a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines.

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Passport, Visa, Administrative and / or health regulations

International Travel: you are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Hekla.com has no special knowledge regarding foreign entry requirements or travel documents. We urge Customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Otherwise, for medical advice regarding your journey, please contact your doctor.

Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft´s interior surfaces with a residual insecticide while passengers are not on board.

Some overseas countries have an immigration requirement that a Customer´s passport is valid for a minimum period after the Customer enters that country, typically 6 months. If a Customer´s passport is in its final year of validity, the Customer is advised to confirm the requirements of the destination before making final travel plans. The name on the passport must match the name on the ticket, otherwise the Customer may not be able to travel and insurance may be invalid.

For information on visa requirements, Customers are advised to contact the embassy of the country they propose to visit. Please note: It can often take some time to obtain a visa so Customers are advised to apply in plenty of time. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Hekla.com urges Customers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Office Travel Advice Unit prior to booking travel to international destinations.

BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, HEKLA.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK.

USA Visa Waiver Program and ESTA:  All Customers wishing to enter or transit through the USA under the Visa Waiver Program (VWP) must apply for authorisation to travel using the Electronic System for Travel Authorisation (ESTA). Please allow sufficient time (at least 72 hours before departure) when making an ESTA application. For further information please visit the US Department of Homeland Security´s website at https://esta.cbp.dhs.gov.

A number of governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft. The data will be collected either at the airport when a Customer checks in or in some circumstances when the Customer makes his/her booking. Accordingly, the Customer is advised to allow extra time to check in for his/her flight.

Special fares

The flight routes offered may include special fares which offer the best price, but do not necessarily take the most direct route. Some itineraries require a change of aircraft en-route. A flight that is described as direct is one where there is no need to change aircraft during the journey, however, stops may be made en-route for re-fueling or to let passengers on and/or off. Details of any stops will be given during the booking process and are clearly identified both on the Website and in Customers´ Booking Confirmations.

Many, but not all, airlines provide special fares for children under 2 years and for pensioners. These discounts depend on the airline, the flight concerned, the availability of seats and the passenger´s age.

Air miles and vouchers from loyalty programs may not be used when booking flights through the Website.

If the Customer has benefited from a discount, the associated special fares will be shown during the booking process before he / she confirms the reservation.

Liability

The Customer is reminded that an airlines´ liability for death, personal injury and other damages is normally limited by national law, by an international air transport treaty, or by the airline´s own Rules and Restrictions, including their conditions of carriage.

Electronic ticket

An electronic ticket is a ticket with no physical form. When using this type of ticket, the Customer must go to the check-in desk of the airline concerned and show a valid travel document (passport, visa, identity card, etc.) in order to obtain his / her boarding card. The Customer must strictly observe the times for checking in.

Replacement passengers

Replacement passengers for flights may not be put forward, although where the Customer may have the right to transfer a Package Holiday to another person, Hekla.com Travel will seek to do so , but note that, depending on the applicable Rules and Restrictions, this may amount to a flight cancellation and rebooking (with a 100% cancellation charge).

Operating airlines

Customers are advised that in some cases flights booked with one airline may be operated by another airline – details of the operating airline, where different, are indicated on the Website. The operating airline will charge the Customer for the flight and will appear as the merchant on the Customer´s credit card or bank statement. Payment may also be charged by other Third Party Providers for the Services booked however the total amount charged will not exceed the total price of the Services.

Compensation for denied boarding and delays

If an airline cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a Customer´s stop-over or destination point, or causes a Customer to miss a connecting flight on which a Customer holds a reservation, the Customer may be entitled to certain remedies from the airline under Regulation (EC) 261/2004.

Intellectual property rights

As between you and Hekla.com ApS, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

Amendments to the Terms of Use

Hekla.com ApS may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. Hekla.com ApS expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

Applicable law and jurisdiction

The law of Denmark shall apply, the exclusive place of jurisdiction is Copenhagen.

II. User Terms and Conditions

Registration

The use of the Hekla.com Platform can generally be done anonymously.


Certain types of use of the Hekla.com Platform, such as the writing of reviews, require registration. During registration, the User sends an electronic registration form and consents to the General Terms and Conditions. The registration with Hekla.com ApS is only concluded once a confirmation is sent to the e-mail address specified by the User. Natural individuals must be over the age of 18 in order to register. The User has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.



The creation of more than one User account for the same natural individual or legal entity is not permitted. The User account cannot be transferred. The User may not impersonate someone else (e.g. adopt the identity of a celebrity), create an account for anyone other than the User itself or create an account with another e-mail address than its own.

Hekla.com reserves the right to close the User’s account at any time without warning if these guidelines are misused.

Services of Hekla.com ApS

Once the User has entered his/her desired service on the Hekla.com Platform (e.g. travel destination, type of tour, name of activity), Hekla.com ApS shall show the User the information about the Providers’ services (“service information“). Based on this information, the User can send a booking request to the Provider.



Hekla.com ApS shall provide the User with a booking confirmation issued in the name of, and on behalf of, the Provider, or if necessary put the User and Provider into direct contact. The use of the Hekla.com Platform itself is essentially free of charge for the User. The costs for the technical access to the Hekla.com Platform (e.g. internet access) are to be borne by the User.

Hekla.com ApS shall forward the User data as given within the booking request to the Provider and forward any data for the use of a Provider’s service according to the applicable conditions.

Hekla.com ApS assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Provider, as all the information indicated and forwarded is based on data from Providers or third parties, which Hekla.com ApS cannot check in detail.

Payments on the Hekla.com Platform

The service agreement concluded with the Provider shall apply to the fees to be paid by the user for the services of the Provider.

Hekla.com ApS is permitted to collect the invoiced amounts in the name of and on behalf of the Provider, provided nothing else has been explicitly stated in the Provider’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), Hekla.com ApS can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. Hekla.com ApS can charge the user a suitable conversion charge for this.

The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Provider. The user can only assert the repayment of a payment to the respective Provider. A refund granted by the Provider can also be processed by the Provider via Hekla.com ApS. To simplify the process for the user, communication via the Hekla.com Platform is recommended.

The user has to enter correct payment information and update the details immediately in the event of changes. Hekla.com ApS can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.

Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. Hekla.com ApS reserves the right to make the use of the payment function of Hekla.com ApS dependent on a check of the credit rating of the user.

Cancellation

The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.

In general and if not stated anywhere else Hekla.com ApS standard cancellation for tickets, accomodation and special arrangements, bus tours, private arrangements, tickets are as follows:

- 91 days or more before departure: we refund 100%
- 31 - 90 days before departure: we refund 75%
- 30 days or less before departure: we refund 0%

Personal Responsibility

Involvement in adventure sports carries a high risk of damage to property, personal injury or death. You should be sure about all risks involved, and always assume full personal responsibility for this risk. The price of the services booked via the Hekla.com Platform does not include insurance. You are responsible for providing sufficient insurance protection.

Hekla.com ApS do not currently certify, warrant or guarantee that any Provider on the Platform meets relevant industry requirements, standards and/or levels of qualification and/or certification, including but not limited to areas such as health and safety provision and quality assurance.

You are strongly recommended to take out personal travel insurance and we recommend that every member of your party does so. Some Providers require that you do so. The requirement for insurance depends on the activity booked. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs.

We do not accept or assume any responsibility or liability for accidents, injuries or even death occurred while taking part in any extreme or adventure activities, whether or not this participation is connected in any way to the use of the Hekla.com Platform, its information and/or services, and/or to a Provider that is in any way connected with Hekla.com ApS, its information and/or services.

Availability and warranty

There is no claim for availability, quality or service features, or technical support for the Hekla.com Platform. Hekla.com can redesign, reduce or suspend their online portal Hekla.com at any time, at its discretion. Existing agreements of the User with a Provider, as well as the execution of these agreements, remain unaffected by these changes.

Hekla.com ApS makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Providers).

Hekla.com ApS makes no guarantee or warranty for the services provided by the Providers. The contact partner of the User in the event of questions and claims in connection with a service agreement and its execution is the respective Provider.

Provided Hekla.com ApS does not have any obligation to the User, Hekla.com ApS also provides no guarantee.

Contribution of content to the Hekla.com Platform

Users have the opportunity to have personal influence on the content of the Hekla.com Platform by writing travel reports in the form of evaluations, or uploading pictures (“User content”). Users are fully responsible for the User content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the Users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does Hekla.com ApS make User content its own, it merely provides a Platform.

Hekla.com ApS can use the User content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.

Hekla.com ApS can remove or report User content where necessary and at its own discretion. For example, Hekla.com ApS can remove User content if it violates the Hekla.com ApS principles for content, in the opinion of Hekla.com ApS. Hekla.com ApS is not obliged to store copies of User content or provide copies thereof. Hekla.com ApS does not guarantee the confidentiality of User content.

Hekla.com ApS and its distribution partners or sub-agents can display adverts and other information together or next to the User content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The User does not need to be especially notified of this.

The Users shall fully indemnify Hekla.com ApS and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against Hekla.com ApS concerning the User content provided by the User. This also applies if the contested content can no longer be accessed on Hekla.com ApS Platform. This does not apply if Hekla.com ApS is responsible for the legal violation. In the event of recourse by third parties, Users have to immediately, truthfully and completely provide Hekla.com ApS with all the information necessary to verify the claims and defend them.

Truthful details

The details transferred via the Hekla.com Platform must be truthful. The Provider reserves the right to withdraw from the contract or to exclude Users from participating in the service, if false details are provided by the User. The Provider furthermore guarantees for the truthfulness of all information and details provided by it.

Data Protection

Hekla.com ApS collects and uses personal data of Users to the extent that is necessary for the creation, design of content or modification of the contractual conditions between the User and Hekla.com ApS.

If Hekla.com ApS is involved in the communication for a service agreement between the User and the respective Provider, it shall transfer the data required for this agreement to the respective Provider. This Provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Provider can be taken from the booking dialogue.

Further information can be found in the Privacy Policy (link to our privacy policy) of Hekla.com ApS.

Copenhagen, May, 2019