The terms and conditions outlined below dictate the contractual relationship between the travel organizer, 80days, and the customer (hereafter referred to as Customer), who purchases a package travel. The contract is entered into and carried out in accordance with the Package Travel Regulations (Pakkerejseloven, Law nr. 1666 of 26/12/2017 regarding package travel and linked travel arrangements).
IMPORTANT
When you have purchased a package travel with 80days ApS (hereafter referred to as 80days), the following terms and conditions apply. These terms and conditions comprise, along with additional information found on www.80days.dk, the program, price list, offer, travel plan, and further travel documents, the basis for the contract between the Customer and 80days ApS.
GENERAL INFORMATION
80days ApS
CVR 33055757
Strandvejen 203
2900 Hellerup
E-mail: mail@80days.dk
Telephone: +45 5353 3999
1.1. ENTERING INTO THE CONTRACT
A contract to purchase a package travel between the Customer and 80days is fully entered and binding for both parties when the confirmed offer is accepted by the Customer. The offer is accepted by the Customer, when either orally or in writing the Customer informs 80days that they would like to order the package travel.
A confirmed offer means that 80days has confirmed that all overnight stays, transportation logistics, etc. can be carried out as they appear in the offer and itinerary. By accepting the offer, the Customer confirms that they accept these and/or other stated terms and conditions for the trip.
Upon entering the contract, 80days will send a confirmation and invoice for the trip. It is a condition that the travel services that constitute the entire package travel are purchased at the same time.
1.2. TRAVEL DOCUMENTS
80days sends a confirmed itinerary and invoice to the Customer without unnecessary delay after the contract has been entered into.
The delivery of travel documents as well as correspondence between the Customer and 80days, including – but not limited to – changes to the package travel, will happen through the address (primary), email address or other contact information that the Customer has provided in connection with the conclusion of the contract.
In addition, the Customer is responsible for providing the necessary contact information for 80days to be able to contact the Customer prior to and during the trip.
If the Customer does not receive the travel documents 7-10 days prior to departure, the Customer should immediately notify 80days.
The Customer is obliged to, upon receipt of the travel documents, review all documents and “practical information” (see section 4.3).
The Customer must immediately inform 80days if any of the information provided is not in accordance with the contract.
1.3. PERSONAL DATA POLICY
In order for a customer to enter into a contract with 80days, the following information must be provided:
We register this personal information in order to provide you with the services.
The personal information is registered within 80days and kept for five years, whereafter the information is erased. Personal information is only gathered through the 80days website with the Customer’s expressed consent, and with the Customer being informed of the exact data that is being collected and why.
Employees at 80days have access to the data that the Customer registers. The person responsible for data control at 80days is the financial manager.
80days does not store or transmit customer data encrypted. The information submitted to 80days is never passed on or sold to a third party, and 80days does not register any sensitive personal information.
A Customer registered with 80days has the right to object to the registration of their personal data at any time. According to the Personal Data Act, the Customer also has the right to access any information that is registered about the Customer. Any further inquiries should be directed to 80days via email: mail@80days.dk.
2.1. PRICE
The price of the trip is a so-called “total price”, which means that the cost includes all mandatory taxes, charges, additional fees, costs, and supplemental charges related to the services that the Customer has purchased from 80days.
Local charges, admissions fees, and additional costs which cannot be charged at the point of booking, may arise at the destinations, as they are related directly to local rules or to the consumption of surplus services that are not included in the package. The Customer is responsible for paying these charges directly at the destination.
The total price of the trip will appear on the Customer’s invoice. If any changes occur as a result of the Customer’s circumstances, to the specific travel plans or in the prerequisites for this, this could result in a change of price and additional charges may be incurred.
2.2. PAYMENT
If the Customer fails to pay as agreed, 80days has the right to cancel the contract. In this case, 80days has the right to require payment of the amount the Customer would lose following the rules outlined in section 7.2, should the Customer choose to cancel the trip on the day of the missed payment.
2.3. DEPOSIT
At the time the offer is accepted, the Customer will pay – unless the invoice states otherwise – a deposit of 30% of the trip’s total price. If the contract is concluded less than 61 days prior to departure, the deposit will be paid in full at the same time as the offer is accepted. The deposit will not be refunded in the event of cancellation.
2.4 FINAL PAYMENT
The remaining cost of the trip must be paid at the latest 61 days prior to the day of departure, unless otherwise stated in the invoice.
Once the trip is paid in full, tickets and additional travel documentation will be sent to the Customer, at the latest 10-14 days prior to the day of departure. If the Customer does not receive the travel documentation at the latest 10 days prior to departure, the Customer must contact 80days immediately.
In case of public holidays – Danish in addition to local at the destination – the Customer may be asked to pay the remaining cost of the trip earlier than normal. This is because of altered payment deadlines at, for example, hotels, and to ensure the rooms are reserved.
The law does not permit that 80days receive cash payments over 20,000 DKK. If the invoice surpasses this amount, the Customer can pay 20,000 DKK in cash and the remaining payment can take place via bank transfer or through a credit card payment.
Prior to entering into the contract, 80days will provide the Customer with information regarding the possibility of, or obligation to, take out any necessary insurance that covers the Customer’s expenses upon termination of the contract (cancellation insurance), or expenses for transportation home in the event of an accident, sickness, or death (travel insurance), as well as the terms of said insurances.
If the Customer wishes to take out a cancellation insurance or a travel insurance through 80days, the Customer should inform 80days prior to entering into the contract.
4.1. PASSPORT, VISA, AND HEALTH RELATED REGULATIONS (INCL. VACCINATION AND COVID-19 RESTRICTIONS)
The Customer must be in possession of a passport that is valid for at least 6 months after their return as well as the documentation necessary for completion of the journey, including visa, proof of vaccination, covid passport etc. – as well as for any accompanying children – in addition to proof of other required vaccinations. While Denmark is part of the Schengen Area, all travelers must always have with them a valid passport. In order for the passport to be valid, it must have space for new stamps, and must be free of any defective pages (for example, previous baggage stickers).
80days will provide the Customer with passport and visa requirements when entering into the contract. The Customer must be aware that the processing time for visa applications varies depending on the country, and the Customer is encouraged to file visa applications well in advance of departure. 80days also provides the Customer with information on health-related regulations as a result of vaccination requirements, etc. As well as additional documents and conditions that are necessary for the completion of the trip. Special travel rules may exist for certain countries. If this is the case, it will appear in the contract.
The information provided by 80days regarding passport and visa requirements are based on the rules for Danish citizens. If the Customer does not have a Danish passport, or if the Customer has dual citizenship, then they must make 80days aware of this, so the Customer may receive the correct advice and guidance, such as referral to the correct authorities. For more about this visit www.um.dk and www.ssi.dk.
Customers carrying medication containing euphoric substances are responsible for the proper documentation demonstrating the need for these medicines. The Customer must contact their own doctor to prepare these documents.
If the Customer’s trip includes minors unaccompanied by their own parents/guardian, then the Customer must contact the travel destination’s embassy/consulate. The Customer must also be aware that special rules apply for children traveling with only one of their parents. The Customer can find additional information about the rules for traveling with children on the following website: https://um.dk/da/rejse-og-ophold/rejse-til-udlandet/boern-unge-paa-rejse/
The Customer is also welcome to contact 80days for additional information regarding these rules.
4.2. PEOPLE WITH RESTRICTED MOVEMENT
80days’ journey overviews will reflect whether the trip is generally suited for people with restricted movement. The Customer can also request that 80days provide exact information regarding the suitability in relation to the Customer’s or other travelers’ needs prior to entering into the contract. It is a prerequisite for this request that the Customer provides 80days with all necessary and relevant information about the Customer’s needs.
4.3. NAMES ON TRAVEL DOCUMENTS
The Customer must ensure that the names that appear on the Customer’s travel documents and bookings are identical to the full names that appear on the travelers’ passports. If the Customer becomes aware of any inconsistencies between the travel documents and passport, then the Customer must immediately inform 80days, who will attempt to resolve the mistake. If the mistake is the fault of the Customer, then they must pay any surplus charges that arise as a result. The Customer cannot hold 80days responsible if changes are not possible.
4.4. TIMELY ATTENDANCE
In the event that the Customer is unable to arrive on time for the travel service, the Customer must contact the relevant supplier and inform them of their delayed arrival. The Customer must contact 80days if a satisfactory solution is not reached with the supplier. If the Customer fails to contact the supplier and/or 80days, then the reservation will be canceled by the supplier, and the Customer will not be able to participate in this reservation nor get a refund.
Any plane tickets included in the travel package must be used in the correct order. If the Customer does not use the plane tickets in the correct order, the airline will cancel the rest of the legs of the plane journey (no show). The Customer can therefore not only use individual legs of the plane journey. For example, the Customer cannot choose to only use the return segment of a round-trip ticket.
The Customer must check in, in accordance with the travel itinerary or following other clear instructions regarding timing and locations for last check in, on both the outbound and inbound journeys. If the Customer can see that they, due to their place in the check in line, may not be able to check in on time, it is the Customer’s responsibility to make the airline/check in staff aware of their situation. The Customer must stay informed about return flight departure times and check well ahead of time if there are any changes to the departure time stated on the original travel documents. This can be done through 80days business partners at your destination, as well as through the airline’s website.
The Customer must stay informed about the details of departure with the provided means of transportation. This can be done by checking screens at the airports, and by contacting airport personnel if there is any doubt as to which departure terminal or gate to go to. Gate and terminal changes occur often and are outside of 80days’ control. In such situations the Customer cannot make claims against 80days.
4.5. REGULATIONS
The Customer must comply with the regulations put forth by the package travel suppliers, such as hotels, airports, means of transportation, etc.
The Customer must behave themselves in a way that does not disturb other travelers. In serious or repeated situations, inappropriate behavior may result in 80days or its representatives excluding the Customer from further participation in the trip. In these cases, the Customer is responsible for arranging their own transportation home and any expenses incurred in connection herewith. In the case of exclusion, the Customer is not entitled to any refunds for the rest of the package travel.
80days is not responsible for the actions of public authority, including, but not limited to, the actions taken by police as a response to the Customer’s inappropriate behavior. In such cases, the Customer is responsible for the charges incurred, and cannot make a claim against 80days, nor receive any refund or compensation of the price of the package travel.
4.6. LACK OF COMPLIANCE
In the event that the Customer does not comply with the passport, visa, or health requirements, does not state the correct name on documents, neglects to review said documents, or if the Customer does not comply with the rules regarding punctuality and code of conduct, the Customer cannot make claims against 80days, the intermediary, or sub-supplier of the travel package for the consequences, shortcomings, inconveniences, or losses caused by the failure to comply with the general obligations of the Customer.
4.7. TRADE IN ENDANGERED PLANTS/ANIMALS
80days draws the Customer’s attention to the fact that in accordance with, among other regulations, The Washington Convention and the EU’s regulations, there are strict restrictions for the international trade of endangered animal and plant species, as well as to products made thereof. Among the goods that the Customer must be particularly, but not exclusively, aware of are coral, conch shells, ivory, turtle shell, the skin of snakes, crocodiles, and other reptiles, in addition to jewelry and products made from the above, as well as live animals and plants. For more information, we refer to the Forest and Nature Agency’s website, www.sns.dk.
5.1. TRANSFER OF THE PACKAGE TRAVEL
The Customer can transfer the trip to another individual at a fee that covers the costs of the transfer. Notification of the transfer must be given in writing, and on a permanent medium, to 80days at the latest 14 days prior to the date of departure. Notification after this deadline will result in the Customer losing the rights to transfer the travel package. The transfer can only happen if the person the package is being transferred to, meets the pre-stated necessary conditions and requirements for completion of the trip, including passport, visa, and health related requirements.
Should the transfer not be possible due to conditions set by a subcontractor, then permission to transfer the travel package can be partially or entirely limited by 80days. We would therefore like to emphasize that, unless otherwise stated, airline tickets included in travel packages cannot be changed or refunded once they have been ordered (they are “non-refundable tickets”).
The transferor of the travel package and the person to whom the package is being transferred, are jointly liable for outstanding payments and costs accrued as a result of the transfer.
5.2. CHANGES TO PRICE
80days cannot change the price of the travel package after the parties have entered into the contract.
80days is required to inform the Customer of any local adjustments or increases to tax, fees, or charges that the Customer must settle locally.
The changes are calculated as outlined in the example below:
Agreed Upon Price | Changes | Calculation | New Price |
1,000 DKK, including taxes and fees | Increase in local taxes: 100 DKK. | 1,000 DKK + 100 DKK | 1,100 DKK |
When creating the invoice, 80days hedges the exchange rate on all sold trips, so the Customer does not incur additional cost in the event of an exchange rate increase. This also means that the Customer cannot demand a price reduction if the exchange rate should fall. If part of the travel package is settled in a currency other than DKK, this amount, or its share of the total price, will appear on the invoice.
5.3. THE CUSTOMER’S CHANGES TO THE PACKAGE
Should the customer wish to make changes to the package travel, the Customer must contact 80days as soon as possible. If 80days is able to make the desired changes, the Customer must pay any additional expenses related to the change. Any changes such as date change, change in the number of travelers, change of route or itinerary or changes related to accommodation, are all considered changes as mentioned above. 80days is at no time required to make changes to the agreed upon package trip. Should the customer require changes that 80days is not able to make within the framework of the existing contract, and should the Customer insist that the changes be made, this will be considered a cancellation of the existing travel package, as under section 7.2, and be considered a new order.
5.4. 80DAYS CHANGES TO THE TRAVEL PACKAGE BEFORE THE START OF THE PACKAGE
5.4.1. Minor changes
Any minor changes made by 80days before the start of the travel package do not require the consent of the Customer. The Customer is obligated to accept such changes, if 80days clearly and directly informs the Customer of the changes prior to the start of the package and without unnecessary delay.
5.4.2. Other changes
If 80days prior to the start of the package travel either.
80days is required to contact the Customer and inform them of significant changes, as well as of the impact on overall cost of the travel packages, in a timely manner. 80days shall, at the same time, set a reasonable deadline for a response from the Customer within which the Customer must announce their decision, and make clear that the consequence of not adhering to this deadline will result in an implied acceptance of the changes, as outlined in 5.4.2.
In certain situations, the Customer may be entitled to compensation if a financial loss has been suffered as a result of the aforementioned significant changes, unless these occurred under unavoidable and extraordinary circumstances.
When the Customer only purchases a plane ticket, they are not protected by the Package Travel Regulations. The Customer must therefore carefully examine the offer and any other documents, as these dictate the content of the contract. When purchasing plane tickets, the price appears on the received offer. The price is valid for 24 hours, which means that the offer must be accepted and paid within the 24 hours in order for 80days to honor the given price. If the ticket is not paid within the day, then the price must be updated by 80days before the Customer can accept the offer.
NOTE, that 80days sells plane tickets on behalf of the airlines, and that 80days is therefore not the Customer’s contracting party, solely the intermediary. The airline is the Customer’s contracting party and supplier of the journey. The airline is responsible for fulfilling the contract. This means that all requests and complaints regarding the trip must be made to the airline, for example, in the case of flight delays, cancellations, bankruptcy, baggage, etc.
If the Customer’s airline goes bankrupt (and the ticket is to/from Denmark), the Customer can make a claim with the Travel Guarantee Fund (Rejsegarantifonden), who must ensure the Customer can return home from a journey that has already begun. If, subsequently, there remain funds in the Travel Guarantee Fund, then the Customer can apply for a refund of the ticket that could not be used as a result of the bankruptcy.
7.1. RIGHT TO WITHDRAWAL
There is no right to withdrawal for the purchase of travel packages, cf. Consumer Contracts Act, § 18, subsection 2, no. 1, and § 7, subsection 2, no. 5, which exempts passenger transport from the scope of the Consumer Contracts Act.
7.2. CANCELLATION OF THE TRAVEL PACKAGE
7.2.1. Regular Cancellation Rights
Unless otherwise outlined in the invoice, the following applies:
If a travel package, a hotel reservation, a cruise, a plane ticket, or other service is subject to stricter cancellation requirements than those listed above, these stricter requirements will apply and will be clearly articulated in the confirmation.
7.2.2. CANCELLATION IN THE CASE OF ACTS OF WAR, ETC.
The Customer can cancel a travel package prior to the start of the trip without a fee, if unavoidable or extraordinary circumstances occur at the travel destination or in the immediate vicinity thereof, that would impact the delivery of the travel package or the transportation of passengers to the destination.
In order for the Customer to cancel without paying a fee, the applicable unavoidable and extraordinary circumstances must make it objectively impossible to safely travel to the destination; for example, on the basis of guidance or statements made by the Ministry of Foreign Affairs, the health authorities, etc. For further information see, www.um.dk and www.ssi.dk.
In the case of cancellation free of charge, the Customer has the right to a full refund of the price of the travel package but does not have a right to additional compensation from 80days. The free of charge cancellation policy does not apply if the Customer knew about, or should have known about, the given circumstances prior to entering into the contract, or if the circumstances were otherwise commonly known.
If the Customer cannot cancel free of charge in accordance with the aforementioned guidelines, the regular rules for cancellation apply, cf. section 7.2.
For return trips, the Customer only has a right to cancel the portion of the journey that takes place in the ‘advised against’ region. The Customer can only cancel the entire journey if this section comprises a significant portion of the total travel package.
7.2.3. Time of repayment and calculation of cancellation fee
The repayment of an amount in accordance with points 7.2.1 and 7.2.2 must take place at the latest 14 days after the Customer cancels the travel package, which is why the calculation of the fee for individual cancellations also happens at this time, in order to determine the possibility of reselling the canceled travel services.
7.3. TERMINATION FROM 80DAYS
7.3.1. Cancellation on the basis of unavoidable and extraordinary circumstances
80days can also terminate the travel package contract without liability if 80days is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances. In this case, 80days must inform the Customer of the termination of the contract without undue delay and prior to the start of the travel package.
In the aforementioned circumstances of termination, the Customer will be refunded the paid amount for the trip at the latest 14 days after the termination. The Customer does not have a right to further compensation.
If a lack of conformity is identified after the start of the trip – on the journey or at the destination – the Customer must immediately report the discrepancy to 80days, its representatives at the destination, or to the subcontractor responsible for the discrepancy.
If the 80days representative or subcontractor cannot or will not resolve the complaint, or if they do not do so in a satisfactory manner, the Customer must file a complaint with 80days immediately. The Customer must ensure that the complaint is documented by an 80days employee and/or subcontractors on the spot, for example, through a note in a hotel book or in similar written form. In addition, the Customer must receive a receipt for the filed complaint.
If the Customer neglects to complain as mentioned above, this will impact the Customer’s right to complain at a later time and receive compensation.
According to the Warsaw and Montreal Conventions, EU Regulation 889/2002 and 261/2004 as well as the Aviation Act (luftfartsloven), the airlines have a direct responsibility for the correct execution of the transportation. 80days restricts its liability to the amount limits applicable at any given time, as presented in the Warsaw and Montreal Conventions (air transportation), the Athens Convention, EU regulation 392/2009 (sea transportation), the COTIF convention, and EU regulation 1371/2007 (rail transportation). 80days damage liability can therefore not exceed the amount applicable to the carriers that have direct responsibility for the transportation.
Any compensation is calculated in SDR (Special Drawing Rights). The applicable SDR exchange rate (XDR) can be found on www.nationalbanken.dk.
Following the Warsaw and Montreal Conventions, the limits for maximum compensation are set at:
In case of injury or death of a passenger: 113,100 SDR – if the airline can prove that it has not acted improperly or negligently, or if the incident is due to the improper or negligent behavior of a third party.
In case of damages that are the result of delayed passenger transportation: 4,694 SDR. With destruction, loss, damage, or delay of baggage, 1,131 SDR.
Following the Athens Convention and EU Regulation 392/2009, the limits for maximum compensation are set at:
In case of injury or death of a passenger: from 250,000 SDR to 400,000 SDR – depending on the cause of the injury in addition to the carrier’s proven fault.
In case of destruction, loss, or damage of hand luggage: 2,250 SDR
In case of destruction, loss, or damage to vehicles, including luggage in or on the vehicle: 12,700 SDR – the carrier is only liable for damage caused due to fault on their part.
In case of destruction, loss, or damage to other baggage than hand baggage or vehicles: 3,375 SDR
So-called “valuables” are not replaced according to these regulations.
Following the COTIF Convention and EU Regulation 1371/2007, the limits for maximum compensation are set at:
In case of the death or injury of a passenger: 175,000 SDR
In case of loss or damage to belongings: 1,400 SDR
In case of total or partial loss of a vehicle: 8,000 SDR
In case of damage to objects left in a vehicle: 1,400 SDR – the carrier is only liable for damage caused due to fault on their part.
If the liability of the carrier is not limited under other EU regulations or in other international conventions, 80days limits their liability to three times the price of the package travel.
Claims for compensation and/or a proportionate reduction in the price of the trip – as a result of defects that have been complained about in a proper manner and which have not been resolved by 80days – must be submitted to 80days within a reasonable time after the conclusion of a trip. Otherwise, the Customer forfeits the right to file a claim against 80days.
80days is happy to share frequent flyer/bonus point information with hotels, airlines, and car hire companies, but cannot guarantee that the Customer will receive their points. This is beyond our control, which is why we do not compensate for missing points.
After the end of a trip, any complaints can be made to 80days via email: mail@80days.dk
When filing a complaint with 80days, the Customer must state whether they have applied for compensation or replacement from the carrier on the basis of EU Regulations regarding passenger rights and liability for compensation in passenger transport, and in accordance with other international conventions that regulate this matter.
If the traveler has received replacement and/or compensation from the carrier, then 80days has the right to offset this compensation under the Package Travel Regulations.
If an agreement cannot be reached regarding a compensation claim and/or compensation amount through filing a complaint with 80days or the intermediary, then the Customer can submit a complaint to ‘Pakkerejse Ankenaevnet’, Røjelskær 11, 3. sal, 2840 Holte.
Additional information on Pakkerejse-Ankenævnet can be found at www.pakkerejseankenaevnet.dk.
Complaints to Pakkerejse-Ankenævnet can also be submitted via the European platform for online dispute resolution at http://ec.europa.eu/consumers/odr/
The 80days email address used for this is mail@80days.dk
All disputes and inconsistencies that may arise from the completion or creation of a given agreement, and which cannot be resolved between the parties or through Pakkerejse-Ankenævnet, should, if the parties wish to make the case, be brought before the Danish national courts for a final decision, and will be subject to Danish law, unless otherwise follows from for. 1215/2012 and the Rome Convention of 1980.
In the event of bankruptcy, 80days has provided a guarantee for reimbursement of the traveler’s payments with:
Rejsegarantifonden, Røjelskær 11, 3. sal, 2840 Holte,
Registreringsnummer 2270.
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