Terms and Conditions and Privacy Policy
1. GENERAL
These Terms and Conditions apply to the tours and other services organized and provided by N Soul Adventures AS (referred to as the “Tour” or “Tours”). N Soul Adventures AS is a Norwegian organization, legally registered in the Norwegian Companies Registry under the number 932 121 980 (hereinafter referred to as the “Company”). These Terms and Conditions, as may be amended by the Company from time to time, are approved and agreed upon by the customer and/or their agent (hereinafter collectively referred to as the “Client”) at the time of booking completion, either by paying the Tour fees in full or by making a prepayment for a Customized Tour. Definitions provided in the Company’s Tour descriptions shall apply to these Terms and Conditions unless stated otherwise. These Terms and Conditions shall bind the Client, regardless of whether they are natural or legal persons, and for the latter, regardless of their legal structure. The terms “Company”, “Customer”, and “Tour” have the meanings set out in the Tour descriptions, as and when applicable.
Activities sold by the Company and operated by a partner provider may be governed by their own terms and conditions, which will bind both the Customer and the partner provider. It is important to note that the Company acts solely as an agent when selling activities operated by a partner provider and will not be a legal party to those terms and conditions.
2. JOINTLY AND SEVERALLY LIABILITY
If the Client participating in the Tour consists of more than one individual or entity, or if the Tour involves multiple individuals or entities, each will be jointly and severally liable for fulfilling the obligations undertaken by the Client in relation to the Tour. Should there be a reorganization of the legal structure or business resulting in the transfer of the Tour to a new legal entity, the Client must ensure that this new entity complies with all obligations outlined in these Terms and Conditions, as well as any additional obligations specific to the Tour.
3. COMMUNICATIONS
The Client is required to provide a telephone number and an email address for each individual Customer participating in the Tour. The Company will use this information to communicate any changes, including cancellations and rescheduling of the Tour. It is incumbent upon the Customer and/or their Agent to regularly check their email and communication devices and to act on any information provided by the Company before the Tour commences. To clarify, the Company meets its communication obligations by sending any relevant additional information about the Tour to one of the provided contact methods.
Customers are welcome to communicate in writing with the Company via the following email address: info@northernsouladventures.com. Additionally, Customers can find important information about the Tour in the “Northern Lights” and/or “Fjords'' sections on the Company’s website at www.northern soul adventures.com.
All verbal communications during the Tours will be conducted in English. Therefore, it is essential for Customers to be proficient in English to effectively communicate, particularly regarding their responsibilities under these Terms and Conditions.
4. CANCELLATION RIGHTS AND REFUNDS. BOOKING TRANSFERS.
4.1 Clients will receive a 95% refund of the Tour fees if they submit a written cancellation at least 24 hours before the start of the Tour.
Clients will not be eligible for a refund if they submit a written cancellation less than 24 hours before the start of the Tour or if they fail to attend the Tour. No transfers will be available during this period, and the Customer will forfeit 100% of the total Tour cost.
4.2 For private bookings, whether made directly or through a third-party agent, the booking is non-refundable within 24 hours of the first tour. If the booking is canceled or rebooked more than 24 hours before the tour, it can be refunded, deducting the 95% deposit (refer to section 7.5 for details).
4.3 The Company reserves the right to cancel the Tour unilaterally due to safety concerns, adverse weather conditions, or other circumstances that could significantly impact the Tour. Should the Company decide to cancel, it will contact the Client to propose rescheduling the Tour to another date or a different Tour, based on the availability of both the Company and the Customer and/or his or her Agent. If no agreement on rescheduling is reached, the Client will receive a full refund of the Tour fees.
4.4 To avoid any confusion, it should be noted that a Tour that has commenced (i.e., not canceled by the Company) will not be eligible for a refund based on the Customer’s and/or his or her Agent’s assessment of weather conditions, or any third party’s assessments, or under any circumstances other than those specified in Section 9 of these Terms and Conditions.
5. ENVIRONMENT, HEALTH, SUITABILITY AND SAFETY POLICY. SAFETY EQUIPMENT.
5.1 General safety during the Tour
The Company organizes Tours with the aim of ensuring that all employees involved conduct their duties in a way that safeguards both the Company and its Customers against environmental, health, and safety risks, thereby minimizing our environmental footprint. The Client is required to abide by all Norwegian laws and regulations throughout the Tour, exercising due diligence and care to uphold not only their own safety but also that of other participants.
First aid equipment and mobile phones for emergency use will be available during the Tour. For medical emergencies in Norway, the contact number is 113.
Customers are expected to participate in head counts and roll calls as conducted by representatives of N Soul Adventures AS for the purpose of group management. Non-participation may lead to exclusion from the Tour without a refund.
Participants should be prepared for cold conditions and potentially slippery, uneven, or unstable walking surfaces. Smoking is strictly prohibited inside the Company’s vehicles, and Customers are not permitted to smoke within 10 meters of the vehicles, Company offices, its representatives, or other Customers.
5.2 Admission to the Tour. Identification of the Customer and other legal restrictions.
The Company maintains the authority to require official identification from the Customer, such as a passport or a valid photo ID with a personal identification number. Should the Customer fail to provide this identification, the Company has the right to deny access to the Tour without offering a refund.
Additionally, the Company reserves the right to refuse or withdraw admission based on legal compliance and safety considerations. The discretion to enforce these rights lies with the Company’s employees, who will act according to their judgment, experience, and Norwegian law. A full refund of the Tour fees will be issued unless the need for such actions arises from the Customer’s intentional or negligent behavior. Any form of assault, verbal or otherwise, against Company staff or other Customers will result in immediate expulsion from the Tour, with the assaulter bearing any costs for safe return.
5.3 Health Issues, Suitability, and Safety
The Client is obligated to inform the Company of any health conditions or medication that could impact their safety or that of others during the Tour. The Client also acknowledges their responsibility to assess their fitness and medical history in relation to the Tour's physical demands.
Tour bookings must be made by individuals 18 years and older. Minors may join the Tour if accompanied by responsible adults, who must ensure the minors' suitability for participation. It is the responsibility of parents or guardians to supervise and manage the behavior of their minors, as N Soul Adventures AS does not provide childcare or supervision services.
The Company’s representatives may deny participation if the Tour’s activities are deemed too challenging for a Customer physically or mentally. Clients must evaluate the participants' capacity for the Tour activities at the time of booking. N Soul Adventures AS advises that individuals under 18, over 60, or with medical conditions consult a doctor for medical clearance to engage in Arctic wilderness activities before booking. The Company may request this medical certificate from participants and reserves the right to deny participation if not presented, with no refunds provided in such instances.
5.4 Safety Equipment.
The Company provides appropriate safety equipment for customer use on each tour, as outlined in the tour description. N Soul Adventures AS supplies this equipment in the closest available size for each customer, although a perfect fit for all equipment cannot be guaranteed.
If any of the Company's equipment is lost or damaged due to the customer's intentional or negligent actions, the cost will be charged to the customer's credit card used for the booking. N Soul Adventures AS will provide a complete price list for the replacement, retrieval, or repair of the Company's equipment upon written request.
For the "A Journey in Search of the Northern Lights" tour, the Company provides thermal suits and insole foot warmers for thermal protection and visibility. The necessity to use this safety equipment, influenced by weather conditions and at the discretion of the Company's employees, may be mandatory, going beyond the minimum legal requirements.
Should the client fail to provide accurate size information or if the Company does not receive this information, N Soul Adventures AS will not be able to provide the necessary safety equipment. Customers will be billed for any damage to the Company's equipment caused by their willful or negligent actions.
5.5 Transport.
N Soul Adventures AS provides transportation for tours. Any damages to the Company’s vehicles resulting from the Customer’s intentional or negligent actions will be charged to the Customer.
6. PRODUCTION OF PHOTOGRAPHIC MATERIAL DURING THE TOUR.
The Company provides complimentary high-resolution photographs captured by our employees during the tour. These photographs, in higher resolution, will be available for purchase by the Customer after the tour.
Our employees will assist the Customer in adjusting their camera settings and will also take photographs of the Customer during the tour. These photographs will be emailed to the Customer as soon as feasibly possible after the tour ends and will be available for free download in high resolution for one month.
By participating, the Client grants free, worldwide, and irrevocable permission for the use of images taken during the tour, including for advertising and promotional purposes across any media chosen by the Company, unless the Customer specifies otherwise in writing.
All photos provided to the Customer by the Company will remain the exclusive intellectual property of the Company. The Customer may use and print these photos for personal use only, expressly excluding any commercial use, and may share them on social media and photo-sharing platforms, provided the Company’s watermark remains visible.
If the Customer desires to print any images independently without a watermark in the highest resolution, a fee of 150 NOK per image or a package of six images for 600 NOK will be applied.
Use of photographic materials for promoting any commercial activities not directly associated with N Soul Adventures AS, or publishing the Company's photographic materials in print media, requires prior written permission from N Soul Adventures AS.
7. PAYMENT TERMS
7.1 Individual Tour fees.
Tour fees are charged per individual participating in the Tour and must be paid in advance to finalize the booking. The specific fees for each type of Tour are regularly updated and can be found on the Company’s booking system, as well as on the systems of our partners, resellers, and other authorized entities. These fees may vary based on the Tour date and the terms and conditions set by these entities. Customers can view the current Tour fees and access the Company’s booking system for any scheduled Tour at https://www.northernsouladventures.com.
7.2 Currency and foreign exchange risk
All Tour fees and other fees and money sums payable to the Company are payable in Norwegian kroner (NOK).
The Customer assumes their own foreign exchange risk for any fluctuations of the Customer’s own currency value versus NOK. For the avoidance of doubt, foreign exchange risk is a risk fully undertaken by the Customer, and the Company fulfills its obligations in full by accepting from the Customer no less than the Tour fees received and converted into NOK. Correlatively, the Company fulfills its obligations in full by wiring to the Customer, if applicable, any due amounts as calculated in NOK, regardless of the original currency and currency value versus NOK in which the Customer ordered his or her original payments.
7.3 Bank fees
Customers who make payments to the Company via bank transfer are responsible for all standard bank fees and costs associated with the transfer. This includes charges by both international and domestic banks involved in the transaction.
7.4 Taxes
The Tour fees include the Value-Added Tax (VAT) as applicable, along with any other relevant charges or taxes in Norway. Should the Client be required to withhold or deduct any taxes for any reason, the payment amount will be adjusted (grossed up) accordingly to ensure the Company receives the full payment amount without any reduction due to taxes. Payments made by the Client to third parties will not affect the total amount owed to the Company. The Client is not allowed to offset any costs or make similar adjustments against the fees, expense reimbursements, or other amounts owed to the Company. The Company reserves the right to subtract any transaction fees, which may be revised from time to time, from the amounts due to the Client before transferring the net amount.
7.5 Customized Tours, Prepayments and Service Fees
The Client agrees, upon request and to a reasonable extent considering the Tour's scope, to pay an amount to cover the Company's expenses for preparing a Customized Tour. This amount shall not exceed 5% of the total anticipated Tour fees. Should the Customer proceed with the purchase of the Customized Tour, this prepayment will be deducted from the total Tour fees, thereby reducing the net amount owed to the Company. If the Customer decides against purchasing the Customized Tour, the 5% deposit will not be refunded, and the Customer will forfeit any rights to claim or receive reimbursement for this prepayment amount. It is explicitly understood that prepayments are non-refundable.
Furthermore, the Client consents to the possibility that expenses from external providers may be billed directly to the Customer by those providers, should the Company choose this method.
8. COMPLIANCE
The Company will adhere to all relevant legal and regulatory requirements in Norway, including those set by regional governments and municipalities, in relation to the Tour. The Client is also required to follow all Norwegian laws and regulations throughout the duration of the Tour.
9. ACKNOWLEDGEMENT OF RISK, LIMITATION OF LIABILITY AND EXPLICIT LIABILITY WAIVER, AUTHORIZATION FOR EMERGENCY MEDICAL TREATMENT
The Client acknowledges that neither the Company nor its owners, directors, officers, employees, consultants, and agents will be liable for any claims, losses, damages, injuries, deaths, liabilities, costs, or expenses suffered by the Client or any associated party due to the Tour, except in cases of gross or willful negligence by the Company. The Company will not be liable for indirect or consequential losses, including any losses or expenses due to delayed Tour activities or changes in travel plans. The Company retains the flexibility to modify routes and schedules for the safety and best interest of the Client, with liability limited to the Tour fees paid by the Client.
The Client understands and accepts that the occurrence of natural phenomena, such as the Northern Lights, cannot be guaranteed by the Company. These events are dependent on natural conditions beyond the control of the Company. Consequently, the Company cannot offer refunds or compensation if such natural phenomena, including the Northern Lights, are not observed during the Tour. The Client acknowledges that the decision to participate in any Tour offered by the Company, with the intention of observing such natural phenomena, is made with full understanding of this limitation and without any reliance on assurances or guarantees, implied or explicit, by the Company regarding the likelihood of experiencing these phenomena.
The Client releases the Company from all claims, agrees to indemnify it against any demands or actions related to their participation in the Tour, and acknowledges the inherent risks, including but not limited to environmental dangers, wildlife, and physical injury risks. The Client accepts full responsibility for these risks, affirming that participation is voluntary.
Furthermore, the Client agrees to cover any legal fees incurred by the Company to enforce this agreement and asserts they have adequate insurance for participation. The Client authorizes necessary medical treatment in case of injury during the activity and consents to the use of any photographs or films taken during the Tour for the Company's promotional purposes. This release is made willingly by the Client without any coercion.
10. INDEMNIFICATION
The Client accept to indemnify, defend and hold harmless the Company and its respective owners, directors, officers, employees, consultants and agents (each an “Indemnified Person”) from and against all claims, actions, proceedings, demands, losses, damages, liabilities, costs and expenses; (i) arising out of or in connection with any untrue statement or alleged untrue statement of a fact, any material omission or alleged material omission or misleading statement contained in any published review or information disclosed or published by the Client in connection with the Tour; (ii) otherwise arising out of or in connection with the Tour or any other matter or activity referred to or contemplated by the Company in any of its Tours or which arise out of any breach by the Client of any of its obligations and duties in connection with the Tour, which any Indemnified Person shall be reimbursed by the Client promptly on demand, including, but not limited to, those incurred in connection with the investigation of, preparation for or defense of, any pending or threatened litigation or claim within the terms of this indemnity or any matter incidental thereto.
Provided that in the case of (ii) above only, there shall be excluded from such indemnification any such claims, losses, damages, liability, costs or expenses that arise primarily out of or are based primarily upon any action or failure to act by the Company (other than an action or failure to act undertaken at the request or with the consent of the Client) that constitute gross or willful negligence on the part of the Company.
11. NO THIRD PARTY RIGHTS
The engagement between the Company and the Client is exclusive, and it should not be interpreted as extending rights to any third party not involved in this agreement. Any advice, opinions, or reports provided by the Company, whether in writing or orally, are intended solely for the Client's use. These communications may not be utilized or depended upon by any third party, nor disclosed to any third party without the Company's prior written consent. This stipulation does not apply to the Client's professional advisors, though such advisors are also not to rely on the Company's advice without direct authorization.
12. SEVERABILITY
Each clause of the Tour and these Terms and Conditions is independent. Should any clause become invalid, unenforceable, or conflict with applicable regulations or laws, the validity of the remaining clauses will not be impacted.
13. ENTIRE AGREEMENT
The Tour and these Terms and Conditions constitute the complete agreement and understanding between the Client and the Company regarding the Tour. Any changes to this agreement must be made in writing and agreed upon by both parties.
14. CHOICE OF LAW AND JURISDICTION
The Tour and the Terms and Conditions shall be governed by Norwegian law and the parties accept the exclusive jurisdiction of the Tromsø City Court.
15. CUSTOMER DATA PRIVACY POLICY
The Registrar and Registry Contact:
Name: N soul adventures AS
Org. nr. 932121980
Address: Sommerlystvegen 7A
9012 Tromsø
NORWAY
Phone: +47 484 02 201
15.1 Data Controller
The data controller for matters related to this Privacy Policy is Matias Herrera, who can be contacted at info@northernsouladventures.com.
15.2 Customer Register
The Customer Register concerns those who have booked a tour with N Soul Adventures AS (hereafter referred to as "the Company"), either directly through the Company's website or via a reseller, such as Viator or Get Your Guide. This register is maintained within the booking system utilized by the Company, which is presently Rezdy.
15.3 Purposes and basis for processing
The purpose of processing the Customer's personal data is to enable the Company to communicate with the customer both before and after the tours, and to access necessary information relevant to the tour booked by the customer. Furthermore, the use of existing Customers' personal data is intended for the direct marketing of the Company's services and products.
15.4 Personal data to be processed
Through its Customer Register, the Company processes the following personal information of its customers:
Customer's name and age
Customer's contact information: email address, physical address of their accommodation in Tromsø, and telephone number
Credit card information related to payments made (via Stripe)
Customer's health-related information (if provided by the customer, not mandatory for booking)
Country
15.5 Regular sources of information
Personal information is collected directly from the Customers through the online booking system (Rezdy) on the Company's website or via resellers such as Viator and Get Your Guide.
15.6 Regular transfers of personal data
Personal data will not be disclosed to third parties. However, personal data may be exceptionally transferred to the Company's partners on behalf of the Company for specific purposes, such as offering the Customer an alternative tour in cases of cancellation or changes to the tour date. The Customer will be informed about any such transfers in advance.
15.7 Retention of personal data
The User's personal data will be kept only as long as necessary to achieve the objectives outlined in this Policy.
15.8 Registered Rights
The Customer has the right to object at any time to the processing of their personal data for direct marketing purposes. Additionally, the Customer is entitled to:
Receive information about how their personal data is being processed by the Company.
Gain access to their personal data to verify the Company's processing activities.
Request correction or supplementation of inaccurate or incomplete personal data.
Demand the deletion of their personal data.
Object to the processing of their personal data based on their specific situation, even if such processing is considered a legitimate interest of the Company.
Receive their personal data in a transferable format and have it transferred to another data controller, assuming the Customer has provided this data to the Company personally.
Request a limitation on the processing of their personal data.
To exercise these rights, Customers should submit a request using the contact details provided in this document. The Company may require the Customer to detail their request in writing and verify their identity before processing the request.
15.9 The right to appeal to the supervisory authority
The Customer has the right to lodge a complaint with the appropriate supervisory authority, or with the supervisory authority of the EU Member State where the Customer resides or works, should they believe that the Company has not processed their personal data in compliance with applicable data protection laws.
15.10 Security
All personal data processed digitally is safeguarded and stored within the Company's information system. Access to this system is restricted exclusively to individuals who require this information to fulfill their legitimate job responsibilities. Each of these individuals is granted access through unique personal usernames and passwords.
15.11 Contacts
Requests to exercise the Customer's rights, questions about this Privacy Policy, and any other inquiries should be directed to info@northernsouladventures.com.
15.12 Changes to this Privacy Policy
This Privacy Policy may be updated periodically, such as in response to changes in legislation. We are committed to employing all reasonable methods to inform the Customer well in advance of any changes and their implications.