Terms and Conditions
Thank you for visiting www.encounter.is. This site is owned and operated by Iceland Encounter ehf., Sundagarðar 2, 104 Reykjavik, Iceland (“Iceland Encounter”). We are a registered company in Iceland and our identity number is 420209-0880. When you book a travel experience with Iceland Encounter, these terms and conditions form the basis of your contract with us. Please read them carefully as they are legally binding. In these terms and conditions, “we” “us” or “our” mean Iceland Encounter.
Your contract is also subject to the Act on Package Travel and Linked Travel Arrangements (2018, No. 95, 25 June) (“Act”) administered by Iceland’s Ministry of Industries and Innovation, which contains terms that are implied into contracts for packages even if not specified in these terms and conditions or your booking confirmation. The Act is the result of EU Package Travel Directive 2015/2302.
By accessing and using this site, you agree to the following terms and conditions. Iceland Encounter may at any time and at its own sole discretion change the terms and conditions. These terms and conditions were last modified on March 8, 2022.
1. License and Guarantee
Iceland Encounter is a licensed Travel Agency as authorized by the Icelandic Tourist Board (license number 2009-004). We hold a bankruptcy guarantee for sellers of package travel as outlined in the Act. The Tourist Board’s website contains information about the Board’s contingency plan in case of bankruptcy or termination of operations of a seller of package travel and the rights of clients worldwide.
2. Contract
Our bookings are tailored to your requirements and thus subject to availability. Before a booking is confirmed, full details of your proposal will be sent to you by email along with a price quotation. Once you have accepted our proposal, we will proceed to take payment and issue you with a booking confirmation in the form of paid invoice. A binding contract between us and you (the lead name on the booking or an agent acting on your behalf) is only formed when we issue our booking confirmation after having received payment from you of either the required deposit or the full price of your trip.
3. Booking Conditions
Clients wishing to make a booking must carefully read and understand these terms and conditions. By making a reservation by telephone, on our Web site, or by email, you accept and are bound by these terms and conditions.
4. Validity
Quotes are valid for 7 days and subject to availability of the quoted services at time of booking.
5. Prices And Currency
Our prices reflect our costs and currency exchange rates at the time. Iceland Encounter reserves the right to make price adjustments for cost increases or currency fluctuations which are beyond our control. Trips will be quoted in Icelandic Króna (ISK), although payment can be made in USD or EUR or another currency upon request. In addition to ISK, we will provide you with the corresponding amount in one other currency, when we quote you a price for your booking. This is done for reference purposes only, since rates used by card processors may be different than ours. Also, given that exchange rates fluctuate over time, the rate used for your initial deposit payment may be different from the rate used for your subsequent balance payment. This risk can be avoided by paying in full at time of booking or by paying by wire.
6. Deposit
We require a 10% deposit at time of booking. Payment in full shall be received 60 days before arrival. If booking within 60 days prior to arrival, the full price of a trip shall be paid to validate a booking. Bookings costing less than ISK 650.000 kr. shall be paid in full at time of booking.
7. Payment
Payments can be made via international bank transfer or by using a credit card (we accept VISA, MasterCard and American Express). We may apply additional fees for use of credit cards; please ask for details. Kindly note that while our quote is in ISK, your credit card will be charged in your home currency, e.g. US Dollars. The exchange rate is set by our card processor, Flywire, on the day the transaction is processed and may differ from posted interbank rates at the time. The charge will appear on your card statement under the name “Flywire”. Be aware that exchange rates fluctuate over time; the rate used for your initial deposit may be different from the rate used for your subsequent balance payment. We accept payment by bank transfer in USD and EUR and will specify the exact amount required for payment in the specified currency. You will be responsible for all bank charges incurred.
8. Client Cancellation
Clients wishing to cancel their booking must immediately notify Iceland Encounter in writing by email. When a booking is cancelled by a client, the client will be liable for the following charges, counting from the date notification is received:
- Cancellation more than 60 days prior to planned arrival in Iceland will result in loss of 10% of trip price;
- Cancellation between 60 and 30 days prior to arrival will result in the loss of 50% of trip price;
- Cancellation within 30 days prior to arrival will result in the loss of 100% of trip price.
If supplier penalties are greater than ours, supplier terms will apply.
Agent commission is protected when the original booking is paid in full and guests opt for future travel credit at 100% of original value in lieu of a cash refund. If guests opt for a cash refund, no commission will be paid.
9. Cancellation Covered by Insurance
Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim some or all the cancellation charges. Please talk to your insurance provider. We will of course provide supporting documentation as necessary.
10. Client Changes Prior to Arrival
If, after our booking confirmation has been issued, you wish to change your travel arrangements in any way, we will do our best to assist you, but, subject to your right to transfer under the following paragraph, we cannot guarantee that this will always be possible. Any request for changes must be in writing from the person who made the booking. If we are unable to make the change and you decide to cancel, we may require you to pay us cancellation charges in accordance with Section 8 above.
11. Transfers – Name Changes
You may transfer your booking to another person who satisfies all the conditions applicable to your travel contract. We must receive at least 7 days’ written notice from you in order to make such a transfer. Any additional fees, charges or other costs incurred as a result of transferring your booking will be passed on to you with these costs being advised to you before we effect any transfer. You and the person to whom you transfer your booking shall be jointly liable to us for the payment of the balance due and for any such additional fees, charges or other costs.
Please note that in many cases, scheduled airlines apply 100% cancellation charges and will not permit name changes or other booking alterations to be made (accordingly they may treat a transfer as a cancellation and re-booking).
If you and/or any member of your party are considering altering your booking in any way, please contact our staff, who will notify you of the applicable charges.
12. Unused Services
Once travel has begun, Iceland Encounter is not obliged to make any kind of reimbursement for unused or partially used services or provide refunds for trips which are interrupted or shortened by participants themselves for any reason whatsoever.
13. Changes Made By Us Prior to Your Arrival
We may need to make changes to your proposed trip and may do this at any time. We are entitled to make minor changes to your booking provided we inform you. Preferably, we will advise you of any changes that affect your booking before we issue the booking confirmation, but occasionally it may be necessary for us to make changes after your booking has been confirmed. If, before the start of your trip, we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services specified in Schedule 1 of the Package Travel Regulations, or cannot fulfil your special requirements that we have accepted in your booking confirmation, (“Significant Change”), we will notify you as soon as possible. Within the period that we shall specify in the notice, you may either (i) accept the proposed changes; or (ii) terminate the contract without paying a cancellation charge. If you choose to terminate your contract, you may accept a substitute package where we are able to offer this to you. Where the changes to your contract or the substitute package offered result in a package of lower quality or cost, you are entitled to an appropriate price reduction. If you terminate the contract and do not accept a substitute package, you will be entitled to a full refund within 14 days after the contract is terminated. In addition, compensation may be payable for any lack of conformity in accordance with sections below.
14. Changes Made By Us After Your Arrival
Tours may on occasion differ from published programs due to conditions on the ground, for example because of inclement weather. Our guides will always inform you in advance about possible changes and consult with you about available options.
15. Cancellation by Us
While we hope never having to cancel your trip, this may very occasionally become necessary and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better quality. If we can only offer a lower quality arrangement, we will offer to give you an appropriate price reduction. If we cannot offer you an alternative, we will give you a full and prompt refund of the price of the trip unless we are prevented from performing the contract because of Unavoidable and Extraordinary Circumstances, in which case we are will provide you with full credit for future travel. We will also be liable to pay appropriate compensation pursuant to Section 18 unless we are prevented from performing the contract because of Unavoidable and Extraordinary Circumstances.
16. Unavoidable and Extraordinary Circumstances
Unavoidable and extraordinary circumstances mean a situation beyond the control of a party the consequences of which could not have been avoided even if all reasonable measures had been taken by that party (“Unavoidable and Extraordinary Circumstances”). Unavoidable and extraordinary circumstances will usually include, but are not limited to, war, threat of war, airport closures, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights), serious security problems such as riots, civil disturbance or unrest due to political instability or terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, significant risks to human health such as outbreak of serious disease at the travel destination, natural or nuclear disaster, fire, flood, drought, earthquake, volcanic eruption or adverse weather conditions (actual or threatened), and government advisories against travel to a particular destination.
17. Performance of Package
We are liable to you for the performance of the travel services included in the package travel contract (whether those services are to be performed by us or by other travel service providers) – see Section 18.
If after departure you perceive any lack of conformity (as defined in Section 18) during the performance of your package travel contract, you must inform us without undue delay. We will remedy any lack of conformity within the reasonable period that you require, unless that is impossible or entails disproportionate costs, taking in account the extent of lack of conformity and the value of travel services affected. If we do not remedy the lack of conformity within the reasonable period you require, you shall be entitled to an appropriate price reduction for any period of lack of conformity and to appropriate compensation for any damage sustained as a result, in accordance with Section 18.
If we are unable to provide a significant proportion of your trip whilst you are away, we will offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, at no extra cost to you, for the continuation of your trip. Where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, we shall grant you an appropriate price reduction.
You may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or the price reduction granted is inadequate.
If a lack of conformity substantially affects the performance of the package and we fail to remedy the lack of conformity with the reasonable period you specify, you may terminate the contract without paying a cancellation fee and where appropriate request a price reduction and/or compensation for damages in accordance with Section 18.
If we are unable to make alternative arrangements or you reject the proposed alternative arrangement according to the above conditions, where appropriate, you are entitled to a price reduction or compensation for damages, or both, in accordance with Section 18 without terminating the travel contract.
18. Our Liability To You: Price Reduction and Compensation for Damages
We are responsible for the performance of the travel services included in your package travel contract and we will use reasonable skill and care to provide the services or facilities that form part of your booking with us. We will be liable to compensate you if we fail to perform or improperly perform your package travel contract.
You will be entitled to an appropriate price reduction for any period during which there was a lack of conformity, unless we prove that the lack of conformity is attributable to you.
You are also entitled to receive appropriate compensation from us without delay for any damage which you sustain as a result of any lack of conformity. However, you shall not be entitled to compensation for damages if we prove that the lack of conformity is:
- attributable to you;
- attributable to a third party unconnected with the provision of travel services included in the package contract and is unforeseeable or unavoidable;
- or due to Unavoidable and Extraordinary Circumstances.
Except in cases involving death, illness or injury, damage caused intentionally or negligently, in any other case where liability may not be limited by law, or in cases which are subject to the international conventions referred to below, our liability for compensation shall be limited to a maximum of three times the total price of your package (not including amendment charges). We shall have no liability for any loss of business or profits or any other indirect loss or damage.
Our liability to you (and your party) is also limited in accordance with the international conventions set out below as if we were a carrier under the relevant conventions as applicable. These conventions limit the amount of compensation that passengers can claim for death, injury, illness, and loss, damage, delay in the transportation of luggage and personal belongings. The terms of the relevant conventions are expressly incorporated into your contract. The relevant international conventions are:
a) in relation to carriage by air, the Montreal Convention;
b) in respect of carriage by sea, the Athens Convention.
All carriage (by land, air and sea) is subject to the terms and conditions of carriage of the actual carrier. These may limit or exclude liability. These are expressly incorporated into your contract with us. Copies of these terms and conditions will be provided by us on your request. Our liability will not exceed that of any carrier.
19. Assistance
Whether or not we are liable for compensation, we will always provide you with appropriate assistance without undue delay if you are in difficulty. This will include providing appropriate information on health services, local authorities and consular assistance, assisting you to make distance communications and helping you to find alternative travel arrangements. We may charge you a reasonable fee for such assistance if the difficulty is caused intentionally by you or through your negligence.
20. Insurance
Iceland Encounter STRONGLY recommends you obtain trip cancellation and delay insurance as well as baggage loss and damage coverage prior to the beginning of your trip. We will not be responsible for any costs incurred by you or any member of your party before, during or after your trip because of inappropriate or insufficient travel insurance being purchased. Iceland Encounter carries General Liability Insurance as called for under Icelandic law.
21. Passports and Visas
Iceland has been a Member State of the Schengen Area since 2001. The Icelandic Directorate of Immigration publishes lists of countries, whose citizens need to obtain a Schengen visa to travel to Iceland and those who do not. Foreign nationals who visit Iceland must carry valid travel documents or identity cards that are accepted for border crossing. In order to be valid, a travel document or identity card, from non-EEA or -EFTA member states, must be valid for at least 3 months beyond the departure date and have been issued in the last 10 years. Notwithstanding the foregoing, travelers are responsible for ensuring they have the relevant documents to meet the entry requirements of their destination.
22. Health
We ask that you appraise your own physical capabilities and be prepared to participate in the activities outlined for each trip.
23. Third Party Providers
Hotels and other tourist services included in your trip are arranged by us with local suppliers. We will always endeavor to appoint reputable suppliers. The terms and conditions of hotels and other providers will be applicable and are expressly incorporated into the contract. These may limit or exclude their liability.
24. Responsibility
Iceland Encounter cannot be held responsible for personal injury, property damage, bankruptcy or any other loss, accident, delay, inconvenience or irregularity caused by other companies or persons or for conditions beyond its control, direct or otherwise. Upon booking of tour, each participant will be required to read and to sign a liability waiver form. No reservations will be accepted until this is signed.
25. Trademarks and Copyright
All trademarks, brands, logos, texts, images and software that appear on this site are, unless otherwise indicated, the property of Iceland Encounter, and protected under Intellectual Property Rights laws.
All use of brands, logos, texts, images and software is prohibited, unless permissible already in accordance with the foregoing.
Unauthorized use or distribution of any material from this site may be subject to civil as well as criminal sanctions under the applicable laws.
26. Use of This Site
The contents of this site may be used for personal information purposes only. This means that you may view, copy, print and distribute any document published herein by Iceland Encounter, provided that it is not for purposes of commercialization of the contents as such, that reference is made to Iceland Encounter in connection with distribution of documents and that all copyright and other proprietary notices contained in the contents are retained.
No content on this site may be modified, transmitted, reproduced, published, licensed, transferred or sold without prior written consent from Iceland Encounter.
27. Information Policy
Information on this site is provided “as is” without any warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Iceland Encounter does not guarantee the accuracy and completeness of the information on this site.
Iceland Encounter makes no commitment to update the information or materials on this site. Changes may at any time without notice be made to the information and will be incorporated in new editions of this site.
Iceland Encounter shall in no event be liable for any damages, direct or indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of or inability to use this site or its content whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
28. Other Sites
This site may contain links to sites owned by third parties. However, such linking is for the convenience of the visitors and Iceland Encounter assumes no responsibility for the contents, information accuracy or privacy compliance of the sites concerned.
29. Privacy Policy
Iceland Encounter respects the privacy of individuals and does not collect or manage any personal data unless it has been provided to Iceland Encounter voluntarily by the individual concerned.
In order to enable us to process and fulfill your booking, we will ask you to provide us with personal information including name, address, email address, telephone number, details of group members that are travelling, we well as any special needs, health, medical, mobility or dietary requirements.
Iceland Encounter complies with national data protection laws that control the use and the collection of data.
In order to ensure that your trip is appropriate for your specific needs that you have disclosed to us, for example, a medical condition or reduced mobility, we or the suppliers of your travel arrangements may require further details. We will ask for your explicit consent to collect and share this information as necessary with the suppliers of your travel arrangements in order to fulfill your booking.
We may pass personal information that you provide to us (including health and mobility information as explained above) on to relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and local tour operators as necessary to fulfill your contract.
No data is sold to or shared with third parties. Your credit card information is only used to process orders you place for Iceland Encounter services.
30. Jurisdiction
These Terms of Use are governed and interpreted under the laws of Iceland. By using this site, you consent to the jurisdiction of the Icelandic courts for any action arising from these Terms of Use. Any cause of action or claim you may have with respect to this Web site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. Iceland Encounter’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Iceland Encounter’s rights.
31. Your Financial Protection
We are a Member of Icelandic Tourist Board (ITB) which means you have the benefit of the ITB’s assistance. All the package holidays that we sell are covered by a scheme protecting your money if we fail. In the unlikely event of our insolvency, ITB will ensure that customers can (a) continue trips already in progress and (b) will arrange to refund any money paid to us for an advance booking. Additional information is available on the ITB website.
32. Contact
If you have any questions regarding these Terms of Use, please do not hesitate to contact to us. Our normal office hours are 9:00 AM to 5:00 PM GMT on weekdays. Our office number is +354 588 8825.
To contact via email, please use contact@encounter.is
Our principal place of business is at Sundagarðar 2, 104 Reykjavik, Iceland.