GENERAL TERMS AND CONDITIONS FOR JOKKMOKK ARCTIC DREAM
- These General Terms and Conditions have been revised and are effective from 2020-08-18.
Thank you for choosing Jokkmokk Arctic Dream as your intermediary service provider!
Please read these General Terms and Conditions of Service (“Terms”) carefully as they contain important information about your legal rights, remedies, and obligations.
By registering on, accessing, or using the Jokkmokk Arctic Dream website and intermediary services, you agree to comply with and be bound by these Terms.
When these Terms mention “Jokkmokk Arctic Dream,” “we,” “us,” or “our,” it refers to Jokkmokk Arctic Dream (sole proprietorship), Älvsbo 7, 96299 Jokkmokk, Sweden.
The Jokkmokk Arctic Dream website may contain links to third-party websites. Such third-party services may be subject to different terms and conditions and policies. Jokkmokk Arctic Dream is not responsible or liable for the availability or accuracy of such third-party services or such content.
Jokkmokk Arctic Dream reserves the right to change these Terms and to introduce new or additional terms or conditions for your use of the service. Jokkmokk Arctic Dream reserves the right, without prior notice, to change the Agreement terms at any time by updating this text. You are bound by such changes through your use and should therefore read through these Terms at regular intervals.
1. Scope of Intermediation Services
Jokkmokk Arctic Dream offers customized intermediation services between the guests and service users (“Users”) and private property-owners (“Hosts”) to provide private properties (“Private Accommodations”) for use of single or multi-day activities with access to unique experiences, events and locations (“Experiences and Events”), as well as a variety of other travel and non-travel related services.
As the provider of the Jokkmokk Arctic Dream customized intermediary services, it does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any private or other accommodations, nor is Jokkmokk Arctic Dream an organizer or retailer of travel packages under Directive (EU) 2015/2302.
As an intermediary service provider, Jokkmokk Arctic Dream is not and does not become a party to or other participant in any contractual relationship between Users and Hosts, nor is Jokkmokk Arctic Dream a real estate broker or insurer. Jokkmokk Arctic Dream is not acting as an agent in any capacity for any User or Host.
Note: Hosts are solely responsible for renting their Private Accommodations. When a User makes a booking and it is accepted by the Host, the User enters to a contract directly with the Host about renting their Private Accommodation.
In order to register and use the Jokkmokk Arctic Dream website and the customized intermediary services, you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and legally competent to enter into legally binding contracts.
Personal data verification via Internet is difficult and Jokkmokk Arctic Dream do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where sufficient information exists to identify a User, and obtain reports from public records.
2. Intellectual Property Rights
Jokkmokk Arctic Dream trademark, website, content, and intermediary services may be protected by applicable intellectual property rights. The entire copyrights and all other intellectual property rights in and to the Jokkmokk Arctic Dream website, content, and customized intermediary services, as well as accompanying printed materials are the property of Jokkmokk Arctic Dream or when applicable its partners.
You agree that Jokkmokk Arctic Dream and/or other third parties hold all rights, claims and interests in and to the contents of Jokkmokk Arctic Dream services, including, but not limited to, graphics, user interfaces and textual content provided by Jokkmokk Arctic Dream and all intellectual property rights therein. The Jokkmokk Arctic Dream website, services and content are protected by applicable intellectual property and other laws, including, but not limited to, copyright.
By creating and uploading, emailing or otherwise making available any content to, on or through the Jokkmokk Arctic Dream website, you grant to Jokkmokk Arctic Dream, a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to such content, to access, use, store, copy, modify, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such content to provide and/or promote the Jokkmokk Arctic Dream website, in any media or platform, known or unknown to date and in particular on Internet and social networks.
3. Service Fees and Payments
Jokkmokk Arctic Dream charge fees to Hosts (“Host Fees”) and Users (“User Fees”) (collectively, “Service Fees”) in consideration for the use of the Jokkmokk Arctic Dream customized intermediary services.
To ensure your booking Jokkmokk Arctic Dream charge the applicable Service Fees directly when the booking is confirmed.
Note: Service Fees for Hosts and Users are always non-refundable. Advance payment, usually 25 percent of the total value of the booking, (when applicable) are always non-refundable.
Any applicable Service Fees (including possible taxes) will be displayed to Hosts and Users prior to listing and booking a Private Accommodation and/or any Experience, Events, or other services.
Service Fees for Hosts are usually 10-20 percent of the total value of the booking, but it may vary depending on the size and standard of the private accommodation. This service fee for Hosts is automatically deducted from the Host’s payment.
Service Fees for Users are usually 10-20 percent of the total value of the booking, but it may vary depending on the length of the stay, number of Users, and other variables to the booking.
Service Fees for any Third-Party Service Provider who offer Experiences, Events, and other services are usually between 10-20 percent. This is calculated based on the total value of the Experience, Event or other service and is automatically deducted from the payment to the Third-Party Service Provider.
Jokkmokk Arctic Dream reserves the right to change the Service Fees at any time and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to Jokkmokk Arctic Dream for the customized intermediary services. The applicable Service Fees (including possible taxes) are collected by Jokkmokk Arctic Dream that will deduct possible unpaid Service Fees from the total listing fee before remitting the payout to the Host and/or other Third-Party Service Provider when the User has checked out from the booked Private Accommodation. User Fees are always included in the Total Fees collected by Jokkmokk Arctic Dream.
All the payments are due in SEK and made either through a bank wire transfer due within 14 days from the received payment information or directly through a third-party card payment method service. For such third-party services, the general terms, and conditions applicable to the payment method apply from the external third parties providing the specific service. The Users are responsible for paying any applicable banking, card, or payment fees and potential differences in between currencies.
4. Terms specific for Hosts
When providing a Private Accommodation through the Jokkmokk Arctic Dream customized intermediary services you as a Host must (i) provide complete and accurate information about your Private Accommodation (such as description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by Jokkmokk Arctic Dream. You are responsible for keeping your Private Accommodation information (including calendar availability) up to date at all times.
Pictures or videos from your Private Accommodation, must accurately reflect the quality and condition of your listing. Jokkmokk Arctic Dream reserves the right to require that listings have a minimum number of images of a certain format, size, and resolution when applicable.
Note: When you as a Host accept or have pre-approved a booking request by a User, you are entering into a legally binding agreement directly with the User and are required to provide your Private Accommodation to the User as described in your listing when the booking request is made.
You also agree to pay the applicable Host Fees to Jokkmokk Arctic Dream and take the responsibility for applicable taxes.
Once a User requests a booking of your Private Accommodation, you may not request that the User pays a higher price than in the original booking request.
Jokkmokk Arctic Dream recommends that all Hosts obtain appropriate insurance for renting their Private accommodation. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to it in respect of renting a Private Accommodation.
You as a Host ensure that any Private Accommodation that you provide the booking of, or a User’s stay at, shall (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with applicable laws, tax requirements, and other rules and regulations (including having required permits, licenses, and registrations).
In the event of unforeseen property damage, maintenance, and/or problems with essential amenities in the Private Accommodation that make it unsafe to host Users, or that prevent accessing basic amenities, such as running water, you will be as a Host asked to provide all the following documents and cooperate in finding a possible replacement accommodation:
- Proof that the problem is being solved
- An estimate of when the solution will be ready
- An invoice for the repairs done
- Photos of the damage
5. Terms specific for Users
All applicable fees, including the Service Fees, advance payments (when applicable), and any applicable taxes (collectively, “Total Fees”) will be presented to Users prior to booking a Private Accommodation.
You as a User agree to pay the Total Fees for any booking requested through Jokkmokk Arctic Dream customized intermediary services.
Note: Upon receipt of a written booking confirmation, a legally binding agreement is directly formed between you as a User and your Host for the booked Private Accommodation.
Jokkmokk Arctic Dream will collect the Total Fees directly after the written booking confirmation is sent.
For certain bookings, Users may be required to pay an advance payment, that usually is 25 percent of the total booking value, and thus also offer the User an option to pay in multiple installments.
If you book on behalf of additional Users, you are required to ensure that every additional User meets any requirements set by the Host and is made aware of and agrees to these Terms.
If you book for an additional User who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate if accompanied by an adult who is responsible for them.
A written confirmed booking of a Private Accommodation is a limited license granted to you as User by the Host to enter, occupy and use the Private Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Private Accommodation, in accordance with your agreement.
You also agree to leave the booked Private Accommodation no later than the checkout time specified in the booking. If you stay past the agreed upon checkout time without the Host’s written consent, you no longer have a license to stay in the Private Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.
Experiences, Events, and other Services
Jokkmokk Arctic Dream is not responsible or liable for the availability or accuracy of such third-party services, or their content. Thus, you should always carefully review the third-party terms and conditions, as well as any descriptions of the Experience, Event or other services you intend to book to ensure you (and any additional Users you are booking for) meet any minimum age, proficiency, fitness or other requirements, terms and conditions which has been specified by the third-party service provider. You should always inform in advance of any medical or physical conditions, or other circumstances that may impact your and any additional User’s ability to participate in any Experience, Event, or other services.
Jokkmokk Arctic Dream recommends that all Users check and obtain appropriate insurance coverage before and during their travel and stay at the Private Accommodation, as well as during any additional Experiences, Events, and/or other activities.
6. Modifications, Cancellations and Refunds
Hosts and Users are responsible for any and all modifications to a booking that they make via the Jokkmokk Arctic Dream website or customer service, and agree to pay any and all additional Service Fees, and/or applicable taxes associated with such booking modifications.
However, any such booking modifications must be resolved as soon as possible, but at the latest 60 days before the date of arrival and be accepted in written form by the Host to be considered valid.
Jokkmokk Arctic Dream cannot confirm or guarantee any such booking modifications without the prior written consent of the Host.
Note: As a User to properly rebook a Private Accommodation, you need to first cancel the earlier booking and then make a new one. If you might rebook your stay, the cancellation policy is based on the (first) original purchase time and the original start date for the stay.
In some cases, Jokkmokk Arctic Dream may allow the User to apply the refund to a new booking, in which case Jokkmokk Arctic Dream will credit the amount against the User’s subsequent booking after a specific written confirmation.
Experiences, Events, or other Services
Such additional third-party services are always subjected to unattached terms, conditions, and policies from the responsible third-party service provider arranging the Experience, Event, or other service. Jokkmokk Arctic Dream is not responsible or liable for any availability or accuracy of such third-party services, or their specific terms and conditions. What comes to cancellation and refunds, Jokkmokk Arctic Dream recommends you therefore to revise the specific terms and conditions from the respective third-party service provider before booking.
Subtracting of Refund
If a User or Jokkmokk Arctic Dream cancels a confirmed booking, and the User receives a valid refund, after the Host has already been paid, Jokkmokk Arctic Dream will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.
7. Unexpected circumstances
Jokkmokk Arctic Dream may give you as a User a refund if you need to cancel due to an unexpected circumstance that you cannot control. Below is a list of circumstances that are covered as suchcircumstances.
Before canceling, make sure that your circumstance is included in the list below and that you can provide the necessary documentation.
The cancellation with refund is only valid for such circumstances that occurred prior to the official check-in date of your booking.
Circumstances that require documentation
Fatalities regarding a User or additional User, immediate family member or caregiver.
You will be asked to provide one of these documents:
- Death Certificate
- Police report
Unexpected serious illness or injury affecting Users:
- Statement from a physician confirming that you cannot travel as User due to an unexpected, serious illness or injury.
- The statement must be dated after the confirmed booking and provided within 14 days of cancellation.
Existing conditions that are known at the time of booking are not covered by suchcircumstances.
Circumstances that require specific assessment
No documentation is required for these circumstances, but we will review each case to confirm that you are directly affected.
- Natural disasters, terrorist activities and civil / political unrest that prevent the User from traveling to or from the destination or making it unsafe to be there.
- Travel restrictions imposed by a government, law enforcement or military and restrict travel to or from the place of residence or experience.
- Advice on security and safety threats issued for the location of the Private Accommodation or the experience or the departure of the travel company.
If you as a User have confirmed that your circumstance meets the requirements above, you must first cancel the booking.
If your booking is subject to a such recognized circumstance and you as a User can show that you are not eligible for any refund through your travel or other insurance policy, you will be notified that your booking is eligible for a cancellation and a refund according to the following:
- Up to 60 days before the date of arrival 75 percent of the total value of the booking after deduction for the non-refundable Service Fees and advance payment (when applicable).
- Up to 30 days before the date of arrival 50 percent of the total value of the booking after deduction for the non-refundable Service Fees and advance payment (when applicable).
- Up to 15 days before the date of arrival 25 percent of the total value of the booking after deduction for the non-refundable Service Fees and advance payment (when applicable).
- No refunds are applicable from 14 days before and until the date of arrival, or if you do not arrive at all.
All such claims must be submitted in writing and within 14 days of the cancellation date.
8. Disputes between Users and Hosts
As a User, you are responsible for leaving the Private Accommodation (including any personal or other property located there) in the condition it was in when you arrived.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
If a Host claims and provides evidence that you as a User have culpably damaged a Private Accommodation or any personal or other property at a Private Accommodation, the Host can seek compensation for the damage from you as a User.
The parties should always try to resolve the matter through a mutual agreement. If not possible, Jokkmokk Arctic Dream may as far as it is reasonable try to facilitate the process.
9. Agreement Term and Termination
This Agreement shall be effective until such time when you or Jokkmokk Arctic Dream terminate the Agreement.
As a Host you may terminate this Agreement at any time by giving a thirty (30) days’ written notice via email. If you cancel your Jokkmokk Arctic Dream registration as a Host, any confirmed booking(s) will be cancelled.
If you cancel your Jokkmokk Arctic Dream registration as a User, any confirmed booking(s) will be cancelled and any refund will depend upon the terms of the above cancellation policy.
Without limiting our rights specified below, Jokkmokk Arctic Dream may terminate this Agreement at any time by giving you thirty (30) days’ written notice via email.
Jokkmokk Arctic Dream may immediately, without notice, terminate this Agreement and stop providing access to the Jokkmokk Arctic Dream customized intermediary services if (i) you have materially breached your obligations under these Terms, the Payment Terms, our policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Jokkmokk Arctic Dream, its Users, or third parties.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Jokkmokk Arctic Dream do not under any circumstances assume any responsibility for any specific, unforeseen, indirect or consequential damages or losses, or for any loss of customers, income or gains, loss of data, business interruption, loss of business information or any other financial loss arising from the use of or inability to use the intermediary services.
The total amount of liability that Jokkmokk Arctic Dream has against you for any loss or damage arising out of or in connection with these Agreement terms will not exceed the price you paid for the services provided.
Nothing in these Agreement terms or any additional terms and conditions is intended to limit or exclude Jokkmokk Arctic Dream’s liability for fraud or fraudulent conduct, gross negligence, intent, death or personal injury caused by negligence or to the extent that, by law, Jokkmokk Arctic Dream cannot limit its liability.
11. Applicable Law and Dispute Resolution
These Agreement terms are governed, interpreted, and applied by Swedish law. Disputes arising from these terms shall be settled by the Swedish public court and in the first instance by the district court in Luleå, Sweden.
Any dispute or disagreement arising out of this Agreement, which cannot primarily be resolved through mediation within sixty (60) calendar days after one Party has notified the other Party of this dispute or disagreement, shall be settled by the district court. The process will take place in Luleå, Sweden, and will be held in Swedish or in English (for non-Swedish speaking parties).
12. General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Jokkmokk Arctic Dream and you and supersede any and all prior oral or written understandings or agreements between Jokkmokk Arctic Dream and you in relation to use of the intermediary services.
If any provision of these Terms is held to be invalid or unenforceable, such provision will not affect the validity and enforceability of the remaining provisions.
In the event of difficulties of interpretation or any linguistic ambiguities in these Terms, the English version have precedence.
You as a User or a Host may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Jokkmokk Arctic Dream prior written consent.
Jokkmokk Arctic Dream may without restriction assign, transfer, or delegate this Agreement and/or any rights and obligations hereunder with 30 days prior written notice. Your right to terminate this Agreement remains unaffected.
13. Check Your Insurance Coverage
These Terms are not intended to constitute an assignment and/or an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the User, Host or another third-party service provider, and they have not paid any premium in respect of these Terms.
All parties are consequently advised to check their insurance coverage before and during their listing/booking/travel and/or during any other activities.
14. Messages and Feedback
Unless specified otherwise, any notices or other communications to Users, Hosts and other third parties, will be provided electronically and at firsthand via email.
Jokkmokk Arctic Dream welcomes and encourages you to provide feedback, comments, and suggestions for improvements.
You may submit your feedback by email. Any feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and belongs to Jokkmokk Arctic Dream.
15. Contact information
If you have any questions about these Terms, please contact us at:
Jokkmokk Arctic Dream
Älvsbo 7, 96299
+ 46(0)76 243 36 46,