Terms and Conditions - Hygway

Terms and Conditions

Applicable to Round Trips with a Tour Leader

1. FORMATION OF THE AGREEMENT

1.1 Conclusion of the Agreement

A binding agreement for the purchase of a package tour between the traveler and the tour operator shall be deemed concluded when the traveler has accepted the offer and paid the deposit in due time.

At this point, the traveler shall be deemed to have received and accepted HYGWAY’s Travel Terms and Conditions.
The agreement is concluded and implemented in accordance with the Package Tour Act (Act No. 1666 of 26 December 2017 on Package Tours and Linked Travel Arrangements).

1.2 Travel Documents

After booking, HYGWAY shall send an Order Confirmation to the email address provided by the traveler.

The Order Confirmation contains the travel programme, including a day-by-day itinerary, travel dates, prices, details of services included in the trip price, as well as an invoice stating pricing, payment information and applicable payment deadlines. The Order Confirmation further includes HYGWAY’s Travel Terms and Conditions for round trips.

After dispatch of the Order Confirmation, all communication between HYGWAY and the traveler shall take place by telephone or via the email address provided.

The traveler is obliged to provide all contact details necessary for HYGWAY to contact the traveler both before and during the trip.

If the traveler does not receive the travel documents within three (3) working days, the traveler must contact HYGWAY immediately. If an email address has been provided, the traveler must first check the spam or junk mail folder.

Upon receipt, the traveler must review the Order Confirmation and immediately notify HYGWAY if the information does not correspond to what was agreed.
It is furthermore the traveler’s responsibility to inform HYGWAY of any special considerations that may be relevant for the trip.

2. PRICE AND PAYMENT

2.1 Price

The price of the trip is a so-called “total price”, meaning that it includes all mandatory taxes and charges.

Unless otherwise stated, the price is based on accommodation in a shared twin room. Single room supplements are specified for each trip. If a shared twin room is requested but cannot be arranged, a single room supplement will be charged.

In addition to the total price, an administration fee 260 dkk, as stated in the traveler’s offer and invoice, shall be charged.

At the destination, local fees, entrance charges and taxes may be imposed which cannot be collected at the time of contract conclusion, as such payments relate directly to local regulations or to the consumption of additional services beyond those stated in the agreement.

2.2 Payment Terms

The deposit amounts to 20% of the travel price per person

The deposit shall be paid to HYGWAY either at the time of online booking or no later than three (3) days after receipt of the Order Confirmation when booking by telephone or email.

By paying the deposit, the traveler confirms receipt of the Order Confirmation, travel itinerary and travel description, and acceptance of the applicable terms for execution of the trip.
The agreement shall thereafter be binding on both the traveler and HYGWAY.

The travel price includes the services stated in the programme and/or Order Confirmation.

The remaining balance must be paid no later than sixty (60) days before departure.

In the event that the booking is made less than sixty (60) days prior to departure, the full amount of the travel price shall be due and payable immediately.

If the payment deadline is exceeded, HYGWAY’s obligation to deliver lapses, and HYGWAY shall be entitled to payment of the amount the traveler would have forfeited under clause 6.2.1 had the traveler cancelled the trip on the date of the missed payment.

Payment deadlines for both the deposit and the remaining balance appear in the Order Confirmation.

3. CANCELLATION AND TRAVEL INSURANCE

3.1 Cancellation Insurance

HYGWAY recommends that the traveler takes out cancellation insurance covering cancellation in the event of acute, medically documented illness, death, or serious accident affecting the traveler or the traveler’s immediate family.

3.2 Travel Insurance

HYGWAY recommends that the traveler holds travel insurance covering, as a minimum, medical treatment, hospitalization and repatriation, valid for the entire duration of the trip.

For entry into certain countries, valid travel insurance is a legal requirement.
It is the traveler’s own responsibility to ensure compliance with applicable entry requirements.

4. THE TRAVELER’S GENERAL OBLIGATIONS

4.1 Passport and Visa

The traveler must be in possession of a valid passport with at least six (6) months’ validity after the end of the journey, as well as all documents necessary for the execution of the trip, including visas and any required vaccination certificates.

Information provided by HYGWAY regarding passport and visa requirements is based on the rules applicable to Danish citizens.
If the traveler does not hold a Danish passport or holds dual citizenship, the traveler must inform HYGWAY accordingly in order to receive appropriate guidance, including referral to relevant authorities.
Further information may be found at www.um.dk and www.ssi.dk.

4.2 Vaccination Requirements and Physical Fitness

HYGWAY provides general information regarding vaccination requirements for entry into destination countries. This information does not replace professional medical advice and does not necessarily include all recommended measures for disease prevention.

Travelers are strongly advised to consult their own doctor or a travel medicine specialist clinic in connection with vaccinations and preventive health measures prior to departure.

Any information provided by HYGWAY regarding recommended vaccinations or prophylaxis is offered as a general service only and without medical liability.

It is the traveler’s responsibility to ensure compliance with all applicable vaccination and entry requirements and to provide valid documentation where required.

Travelers are expected to be able to participate in the itinerary and manage personal luggage independently.

If, based on an objective and reasonable assessment, a traveler is unable to participate safely and practically without disproportionate assistance, HYGWAY reserves the right to refuse participation in the trip。

Such assessment shall be non-discriminatory and based solely on the planned activities. Where possible, reasonable alternatives will be offered; otherwise, standard cancellation terms shall apply.

4.3 Names on Travel Documents

The traveler is responsible for ensuring that the name stated on all travel documents and bookings exactly matches the full name stated in the traveler’s passport.

If discrepancies are identified, the traveler must immediately notify HYGWAY.
If the discrepancy is attributable to the traveler, any associated costs shall be borne by the traveler.
Name changes after payment of the deposit incur a fee of at least DKK 1,500 per change

4.4 Timely Appearance

Failure to appear for the trip or parts thereof results in no refund.

Flight tickets must be used in the correct sequence. Failure to do so may result in cancellation of remaining flight segments by the airline.

4.5 Connecting Flights and Trains

HYGWAY bears no responsibility and covers no costs if the traveler fails to reach the final meeting point at the airport due to delays in self-arranged connecting transport.

4.6 Code of Conduct

Travelers must comply with applicable rules of hotels, airports, transport providers and other subcontractors.

In serious or repeated cases of misconduct, the traveler may be excluded from further participation at the traveler’s own expense and without refund.

5. CHANGES TO THE AGREEMENT

5.1 Transfer of the Package Tour

The traveler may transfer the package tour to another person by providing written notice no later than fifteen (15) days before departure.

A transfer fee of DKK 1,500 per person shall apply, plus any costs imposed by suppliers.

Transfer may only take place if the new traveler meets all conditions applicable at the time of contract conclusion, including passport, visa and health requirements.

In this connection, the traveler’s attention is drawn to the fact that the vast majority of airline tickets included in package tours cannot be changed or refunded once they have been booked (non-refundable tickets). It will therefore not be possible to transfer such airline tickets. Some airline tickets can be transferred for a fee and this fee varies depending on the airline and ticket type. This fee is paid by the traveler in addition to the above-mentioned change fee

Both parties shall be jointly and severally liable for any outstanding payments.

5.2 Prices and Price Adjustments

Prices include the services listed under “Included in the Trip Price.”

Tips, insurance and visa costs are not included unless expressly stated.

HYGWAY reserves the right to adjust prices for future offerings.
Price adjustments shall not affect already concluded agreements.

Where price adjustments are unavoidable due to circumstances beyond HYGWAY’s reasonable control, any price increase for concluded agreements shall not exceed ten percent (10%) of the total travel price.

If the price increase exceeds ten percent (10%), the traveler shall be entitled to terminate the agreement and receive a full refund.

5.3 Traveler-Initiated Changes

If the traveler requests changes to the package tour up to sixty (60) days before departure, such changes may be made subject to a fee of at least DKK 2,000 per person, depending on supplier conditions.

If requested changes cannot be fulfilled within the existing agreement, the request shall be treated as a cancellation and a new booking.

5.4 Changes by HYGWAY

5.4.1 Minor Changes

HYGWAY may make non-material changes without compensation.
The traveler is obliged to accept such changes provided that HYGWAY informs the traveler clearly and without undue delay before the start of the package.

5.4.2 Other Changes

In the event of material changes or cancellation not caused by the traveler, the traveler may:

  • terminate the agreement and receive a full refund, or
  • participate in an alternative package tour, if offered.

5.4.3 Changes During the Trip and Unforeseen Events

HYGWAY may alter the itinerary, accommodation of equivalent standard, tour leader or means of transport due to circumstances beyond HYGWAY’s control.

No compensation shall be payable for losses caused by unavoidable and extraordinary circumstances.

6. TERMINATION OF THE AGREEMENT

6.1 Right of Withdrawal

There is no right of withdrawal for the purchase of package holidays, pursuant to section 18(2)(1) and section 7(2)(5) of the Consumer Agreement Act.

6.2 Cancellation of the Package Tour

6.2.1 Standard Cancellation Conditions

  • Before deposit payment: free cancellation
  • After deposit payment and until 60 days before departure: deposit forfeited
  • Later than 60 days before departure: full price forfeited
  • For bookings made less than sixty (60) days prior to departure, where full payment is required upon booking, cancellation shall result in forfeiture of the full travel price.

6.2.2 Cancellation in Case of War, etc.

The traveler may cancel a package tour before the start of the package tour without paying a fee if unavoidable and extraordinary circumstances occur at the travel destination or in the immediate vicinity thereof that significantly affect the delivery of the package tour or the transport of passengers to the destination.

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

In the event of cancellation without a fee, the traveler is entitled to a full refund of the price of the trip, but is not entitled to further compensation from the tour operator.

However, the right to cancel free of charge does not apply if the customer knew or should have known about the event in question when the agreement was concluded, or the event was otherwise generally known

If the traveler cannot cancel free of charge in accordance with the above, the general cancellation rules apply, cf. section 6.2.

6.2.3 Refund Timing

Refunds shall be made within fourteen (14) days after cancellation upon initiation of payment by HYGWAY.

6.3 Termination by HYGWAY

6.3.1 Insufficient Participation

Trips require a minimum of 10 participants.
Cancellation due to insufficient participation normally occurs at least 20 days before departure.

6.3.2 Unavoidable and Extraordinary Circumstances

Free cancellation applies if war, natural disasters or serious contagious diseases occur within 14 days before departure, documented by competent authorities.

6.3.3 Non-Compliance

Failure to comply with passport, visa, vaccination or name requirements eliminates any right to claims.

7. DEFECTS AND COMPLAINTS

Any defects must be reported immediately to the tour operator or its representative.
Failure to do so may affect the right to compensation.

Complaints may be submitted to the Danish Package Travel Appeals Board.

8. LIMITATION OF LIABILITY

Liability is limited pursuant to EU regulations and international conventions.
Compensation limits are stated in SDR (Special Drawing Rights).

Maximum limits include:

  • Personal injury or death: 128,821 SDR
  • Delay of passenger transport: 5,346 SDR
  • Loss or damage to baggage: 1,288 SDR

If carrier liability is not otherwise limited, HYGWAY’s liability is limited to three (3) times the total package price.

9. CLAIMS AFTER COMPLETION OF THE TRIP

Claims must be submitted within a reasonable time after completion of the trip.
Failure to do so results in loss of the right to claim.

Complaints may be submitted to contact@hygway.com.

10. SET-OFF OF COMPENSATION

Any compensation received from carriers may be set off against compensation payable under the Package Travel Act.

11. JURISDICTION AND APPLICABLE LAW

The agreement is governed by Danish law.

Disputes may be submitted to the Danish Package Travel Appeals Board (www.pakkerejseankenaevnet.dk).
Any disputes not resolved by the Appeals Board shall be brought before the Danish courts, unless otherwise required by applicable EU law.

12. TRAVEL GUARANTEE AND LIABILITY INSURANCE

HYGWAY is registered with the Danish Travel Guarantee Fund.

Applicable for Customized & Individual Travel Arrangements

1. Customized & Individual Travel Arrangements

These terms apply to customized, tailor-made and individual travel arrangements, including trips arranged for private groups.
All agreements are governed by Danish law and, where applicable, the EU Package Travel Directive.

Customized travel arrangements are created specifically at the traveler’s request and are not standard or resalable products.

2. Booking & Agreement

A binding agreement is concluded once the traveler has paid the required deposit.
By paying the deposit, the traveler confirms receipt of the Order Confirmation and accepts these Travel Terms and Conditions.

All services are provided in accordance with the information stated in the written offer and the Order Confirmation.

3. Price & Payment

The travel price is based on availability, supplier rates, taxes, exchange rates, and conditions at the time of booking.
Only services expressly stated in the written offer or Order Confirmation are included.

A deposit of 30% is payable upon booking.
The remaining balance must be paid no later than 60 days before departure, unless otherwise stated.
For bookings made less than 60 days before departure, full payment is due immediately.

Failure to comply with payment deadlines entitles HYGWAY to cancel the booking and charge cancellation fees in accordance with these terms.

4. Use of Third-Party Suppliers

HYGWAY acts as a travel organizer but relies on independent third-party suppliers (e.g. airlines, hotels, transport providers and local operators).
Such suppliers may have their own terms and conditions, which may limit or affect the services provided.

HYGWAY is not liable for the acts or omissions of suppliers beyond what is required under applicable law.

5. Changes to the Trip

Because the trip is tailor-made, any change requested by the traveler after booking is subject to availability and supplier conditions.
HYGWAY will make reasonable efforts to accommodate such requests but does not guarantee that changes can be made.

If a requested change cannot be implemented, the original arrangement shall, unless otherwise agreed in writing, be treated as cancelled at the traveler’s request, and any revised arrangement shall be considered a new booking under the applicable terms.

Prices and availability may change for revised offers, and any additional costs arising from traveler-requested changes shall be borne by the traveler.

HYGWAY may make minor changes that do not affect the overall character, quality, or value of the trip.
Such minor changes do not entitle the traveler to compensation, price reduction, or claims, provided the traveler is informed without undue delay.

HYGWAY may alter the itinerary, accommodation of equivalent standard, or means of transport due to circumstances beyond HYGWAY’s control.

No compensation shall be payable for losses caused by unavoidable and extraordinary circumstances.

If a material change to the trip is required by HYGWAY, the traveler may:

  • accept the change,
  • accept an alternative arrangement if offered, or
  • cancel the trip with a full refund.

6. Cancellation

Due to the customized nature of individual travel arrangements:

  • The deposit is non-refundable to the extent that costs have been incurred and are non-recoverable.
  • Issued airline tickets and other non-refundable services cannot be refunded once booked.
  • The traveler bears all costs already incurred and committed at the time of cancellation.

Cancellation charges reflect the HYGWAY’s actual costs and losses, including payments to suppliers.

The traveler may cancel free of charge if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the execution of the trip, as determined on the basis of official guidance or recommendations issued by the Danish Ministry of Foreign Affairs or other competent authorities, in accordance with applicable law.

7. Refunds

Refunds will be processed within 14 days after cancellation.
Bank processing times are outside the HYGWAY’s control and responsibility.

8. Cancellation and travel insurance

Cancellation Insurance

HYGWAY recommends that the traveler takes out cancellation insurance covering cancellation in the event of acute, medically documented illness, death, or serious accident affecting the traveler or the traveler’s immediate family.

Travel Insurance

HYGWAY recommends that the traveler holds travel insurance covering, as a minimum, medical treatment, hospitalization and repatriation, valid for the entire duration of the trip.

For entry into certain countries, valid travel insurance is a legal requirement.
It is the traveler’s own responsibility to ensure compliance with applicable entry requirements.

9. Traveler Responsibilities

The traveler is responsible for:

  • Valid passport with at least six (6) months’ validity after the end of the journey, visas and entry permits
  • Required vaccinations and health documentation
  • Adequate travel insurance
  • Timely Appearance
  • Physical ability to participate in the itinerary

Names on travel documents must exactly match the passport.

Failure to comply with these requirements may result in denied boarding or entry at the traveler’s own risk and expense.
HYGWAY bears no responsibility for such situations.

10. Health and Vaccination Disclaimer

HYGWAY may provide general information regarding vaccination requirements and health precautions.
Such information is for guidance only and does not constitute medical advice.

Travelers must consult their own doctor or a qualified travel medicine specialist.
The traveler bears sole responsibility for compliance with all health and entry requirements.

HYGWAY assumes no medical liability for such information.

11. Unavoidable and Extraordinary Circumstances

HYGWAY shall not be liable for failure to perform or improper performance of the agreement where this is due to unavoidable and extraordinary circumstances, including but not limited to:

  • War, terrorism or political unrest
  • Natural disasters
  • Epidemics or pandemics
  • Government actions or restrictions

No compensation shall be payable for losses caused by such circumstances.

12. Liability

The company’s liability is limited in accordance with applicable EU regulations and international conventions.

Where not otherwise limited, liability shall not exceed three (3) times the total travel price.

The company is not liable for:

  • Indirect or consequential losses
  • Losses caused by third-party suppliers beyond legal obligations
  • Losses resulting from the traveler’s own actions or omissions

13. Complaints & Disputes

Claims must be submitted within a reasonable time after completion of the trip.
Failure to do so results in loss of the right to claim.

Complaints may be submitted to contact@hygway.com.

The agreement is governed by Danish law.

Disputes may be submitted to the Danish Package Travel Appeals Board (www.pakkerejseankenaevnet.dk).
Any disputes not resolved by the Appeals Board shall be brought before the Danish courts, unless otherwise required by applicable EU law.

14. Travel Guarantee

HYGWAY is registered with the Danish Travel Guarantee Fund.