The tour operator makes these general terms and conditions of package travel (hereinafter referred to as the general terms and conditions) available to the traveler before the conclusion of the package travel contract. These general terms and conditions are mandatory for the parties to the package travel contract (hereinafter referred to as the contract).
Art. 1. Scope of application of the general terms and conditions for package travel
1.1. The General Terms and Conditions apply to package tours lasting at least 24 hours or with overnight stays, which include at least two of the following travel services: traveler transport; accommodation that is not inherently part of traveler transport or intended to provide accommodation; rental of a car, other motor vehicle, including a motorcycle requiring a category A driving license (Tourism Act § 3 clause 3); other tourism services that are not inherently part of the above travel services.
1.2. The General Terms and Conditions apply to the offer and sale of package tours regulated by the Tourism Act to consumers, as well as to persons engaged in economic or professional activities, unless this is done on the basis of a general agreement.
1.3. The tour operator has the right to establish additional and special conditions to the General Terms and Conditions, which must not conflict with the General Terms and Conditions and the legislation of the Republic of Estonia.
1.4. The use of special conditions is justified due to the specific nature of the trip, provisions related to modes of transport (for example, reservation and sales conditions for scheduled flights), special accommodation conditions due to the specific nature of the trip, the destination of the trip or special conditions for other travel services.
1.5. If one person (representative of a travel group) purchases a trip for another person, the person who purchased the trip must also forward the General Terms and Conditions, the information sheet and other contract terms and conditions to the other person for whom he or she orders and/or purchases the package trip without delay.
Art. 2. Pre-contractual information, travel documents and travel insurance
2.1. Before concluding the contract, the tour operator must provide the traveler with the standard package travel information sheet, the pre-contractual information specified in subsection 2 of § 867 of the Law of Obligations Act and the General Part of the Law of Obligations Act, and the Consumer Protection Act. Among other things, before concluding the contract, the tour operator must inform the traveler about the requirements related to passports and visas of the destination country and the approximate time required to obtain a visa, as well as the general health regulations of the destination and, if applicable, the travel route. The traveler is responsible for complying with the requirements provided by the tour operator.
2.2. In accordance with the instructions given by the tour operator, the traveler must ensure that the necessary documents for the trip (including passport, visa, vaccination certificates) are available and check their accuracy, compatibility and compliance with the tickets. The traveler must check the arrival and departure schedules of the traveler transport services included in the package tour in a reasonable time before the travel services are provided.
2.3. If the tour operator has fulfilled its obligation to provide the traveler with the required information in a timely manner, the tour operator is not liable to the traveler for any damages
incurred if the delay, interruption, or cancellation of the trip is caused by the traveler’s inadequate travel document (including, for example, a damaged passport); a decision to refuse to issue a visa or the absence of a visa, or similar circumstances.
2.4. Package travel does not usually include travel insurance and the tour operator is not responsible for the availability of voluntary travel insurance necessary for the traveler’s trip. The tour operator recommends that the traveler conclude a travel insurance contract with the purchase of the package travel, which would consist of at least health, trip interruption and baggage insurance. The tour operator recommends that the traveler conclude a travel insurance contract with coverage and conditions that meet their needs.
2.5. In addition to the traveler, the authorities of the country being visited are primarily responsible for the traveler’s safety abroad. The traveler must act in accordance with the instructions of the authorities.
2.6. Destination security and other important information related to the destination can be obtained from the Ministry of Foreign Affairs and health institutions, including the following websites: https://reisitargalt.vm.ee/ and https://www.vaktsineeri.ee/et/reisivaktsineerimine -ja-ennetus . Before concluding the contract, the traveler must familiarize himself with the conditions prevailing on the travel route and at the destination and, if necessary, ask the tour operator for additional information.
2.7. Before concluding the contract, the traveler must be informed whether the tour operator has an appropriate guarantee to ensure the fulfillment of the obligations arising from the contract and whether the guarantee covers the offered trip.
Art. 3. Conclusion of the contract and payment of the travel fee
3.1. The data contained in the pre-contractual information are binding on the tour operator unless the parties to the contract agree otherwise or unless the information provides for the possibility of changing the data and the traveler has been informed thereof.
3.2. Prior to concluding the contract, the traveler is obliged to inform the tour operator of the traveler’s significant interests and specific features related to the traveler’s wishes that are important for the traveler in the performance of the contract. Such significant circumstances agreed between the parties shall be recorded by the tour operator in the contract or travel confirmation. The tour operator is not liable for compensation for damages arising from the traveler’s failure to fulfill his obligation to inform.
3.3. In many destinations, travelers are charged a tourism tax in connection with their overnight stay, the amount of which depends on the level of accommodation and the length of stay. Generally, these taxes cannot be paid in advance with the travel fee, as they are paid directly by the traveler to the accommodation.
3.4. The contract between the tour operator and the traveler is deemed to have been concluded when the traveler has paid the travel fee or its first installment in the amount and by the deadline specified by the tour operator. The tour operator is obliged to issue tickets and other documents required for the use of travel services after the final fulfillment of the obligation to pay the travel fee.
3.5. By paying the travel fee or the first installment, the traveler confirms, among other things, their agreement with the pre-contractual information, general terms and conditions, contract
terms and conditions, including any annexes and special terms and conditions, made available and published by the tour operator.
3.6. If the traveler fails to pay the travel fee or its installment by the agreed deadline, the travel order is deemed to be withdrawn by the traveler as the traveler’s declaration of intent to conclude the contract, and the tour operator has the right to unilaterally cancel the travel reservation or confirmation.
Art. 4. The traveler’s right to withdraw from the contract before the start of the trip
4.1. The traveler may withdraw from the contract at any time before the start of the journey. In such a case, the tour operator shall lose the right to the travel fee, but may claim reasonable compensation from the traveler, including a cancellation fee in accordance with the terms and conditions of the contract. The amount of the cancellation fee or the basis for its calculation must be set out in the contract or in the tour operator’s additional or special terms and conditions. At the traveler’s request, the tour operator must justify the amount of the cancellation fee.
4.2. If it has been announced that the travel fee has been determined on the basis that a travel group or party consisting of two or more travelers will be accommodated in the same room or apartment and one of the members of the party cancels the trip, the tour operator has the right to demand, in addition to the cancellation costs, compensation for the costs caused by the underutilization of the accommodation resulting from the cancellation. The travelers who have cancelled the trip and those participating in the trip are jointly and severally liable for paying the said costs to the tour operator. The tour operator and the traveling party may jointly agree on more appropriate accommodation for the traveling party to replace the aforementioned accommodation service, in which case the traveling party shall be jointly and severally liable for any additional costs.
4.3. If the traveler does not withdraw from the contract before the start of the trip, but does not arrive at the starting point of the trip at the agreed time or if he is unable to participate in the trip because, for reasons of his own, he does not have the necessary travel documents, such as a valid passport, visa, identity card, driver’s license, vaccination certificate, tickets, etc., the traveler loses the right to the travel fee and is not entitled to compensation.
Art. 5. The traveler’s right to withdraw from the contract due to changes made by the tour operator or unavoidable and extraordinary circumstances before the start of the trip
5.1. The traveler has the right to withdraw from the contract if:
a) the tour operator significantly changes the travel conditions. A significant change is considered to be, for example, a change in the transport service that significantly adds to the travel time, changes in departure and arrival times that cause significant inconvenience and additional costs to the traveler, a change in the destination of the trip or a clear downgrading of the level of accommodation, as well as a change in the nature or purpose of the trip, or b) the tour operator cannot fulfill special agreements concluded with the traveler; c) the traveler has legitimate reason to believe that the tour operator’s ability to organise the trip, including the transport of travelers to the destination in the agreed manner, is significantly hindered by unavoidable and extraordinary circumstances occurring at the destination or in its immediate vicinity, such as war, other serious security problems, terrorism, natural disasters, floods, earthquakes, weather conditions, strikes or
d) the positions of the authorities of the Republic of Estonia (Ministry of Foreign Affairs, Ministry
of the Interior) or an official notification of the foreign mission of the Republic of Estonia are taken into account when assessing the reasons for withdrawal or
e) the start or end time of the trip changes significantly from that agreed in the contract. The significance is assessed on a case-by-case basis.
5.2. The tour operator must inform the travelers of the changes to be made to the contract on a durable medium and the notification must state what changes the tour operator intends to make, whether the quality of the travel services will decrease or the value of the trip will decrease and what the impact on the travel fee will be due to the changes made, and whether the changes to the trip give the right to withdraw from the contract.
5.3. The traveler must notify the tour operator of the withdrawal from the contract without delay. If the traveler does not notify the tour operator of the withdrawal from the contract within a reasonable period specified in the change notice, the traveler is deemed to have agreed to the proposed changes.
5.4. In the event of withdrawal from the contract in the cases specified in this article, the traveler is entitled to a refund of the travel fee paid to the tour operator within 14 days of withdrawal from the contract. However, the traveler is not entitled to withdraw from the contract without paying the prescribed cancellation fee if the aforementioned unavoidable and extraordinary circumstances or other changes were known to the traveler or should have been known at the time of conclusion of the contract.
Art. 6. The traveler’s right to cancel the contract during the trip
6.1. The traveler has the right to cancel the contract during the trip if non-compliance with the terms and conditions of the contract significantly affects the provision of the package travel service and the fulfillment of the originally determined purpose and the non-compliance is not eliminated within a reasonable time specified by the traveler after notification.
6.2. The traveler has the right to cancel the contract during the trip if unavoidable and extraordinary circumstances arise during the trip, unless the traveler was aware or should have been aware of the said circumstances at the time of conclusion of the contract.
6.3. In the event of termination of the contract on the grounds set out in this article, the tour operator shall lose the right to receive the travel fee. The tour operator may, however, claim reasonable compensation for travel services already provided or to be provided for the completion of the trip (e.g. the cost of the transport service provided, the cost of meals and drinks provided during the trip or the cost of other services already used shall be taken into account when determining the compensation), unless the traveler has no interest in the services provided or to be provided due to the termination of the contract.
6.4. If the traveler cancels the contract on the grounds set out in this article, the tour operator will, if necessary, arrange the traveler’s return journey to the point of departure of the trip or another agreed place at its own expense. The transport must be arranged by the same mode of transport as originally agreed.
6.5. If the traveler terminates the contract on the grounds set out in this article and the tour operator does not immediately and without charging the traveler an additional fee, the traveler may take the necessary measures to return the traveler to the agreed point of departure or to another agreed point. The traveler must use the measures sparingly in order to limit the amount of the organiser’s costs and other losses.
Art. 7. Traveler rights in the event of contract modification and transfer of the contract
7.1. The traveler has the right to change the contract, including the destination, date, hotel, etc., by notifying the tour operator no later than 45 calendar days before the start of the trip, provided that the tour operator can enable the traveler to do so and the traveler pays the processing costs of the changes notified by the tour operator in addition to the price of the new trip.
7.2. The traveler has the right to change the traveler’s details in the reservation or transfer his/her contractual rights and obligations to a person who meets all the conditions necessary for participation in the trip. If the traveler notifies the tour operator of the transfer on a durable medium at least 7 days before the start of the trip, the tour operator is deemed to have given its consent to the transfer of the contract.
7.3. The tour operator has the right to demand reasonable compensation for the formalization of the transfer of the contract. The compensation arises from the costs related to organizing the transfer of contracts, as well as from the termination of contracts and the conclusion of new contracts and changes in data. The costs related to the transfer of the contract must not be unreasonable or higher than the costs actually incurred by the tour operator due to the transfer of the package travel contract. The tour operator shall inform the transferor of the actual costs related to the transfer of the contract and, upon request by the traveler, provide evidence of additional charges or other costs arising from the transfer of the contract. The transferor and the transferee of the contract are jointly and severally liable for the payment of all additional charges and costs.
Art. 8. Traveler’s obligations and liability
8.1. The traveler must enable and assist the tour operator in the proper performance of the contract.
8.2. Upon receipt of the documents intended for use in the trip, the traveler is obliged to check the existence of the necessary documents, as well as the accuracy of the name, date, travel description and other important data. It is important to check that the traveler’s name on the documents matches the name on the travel document. The tour operator will eliminate any deficiencies caused by it when issuing the documents. The elimination of deficiencies caused by the traveler will be carried out for a fee, whereby the fee may not be unreasonable or higher than the actual cost incurred by the tour operator due to the introduction of changes.
8.3. If the tour operator issues electronic tickets or such travel service documents to the traveler, it will generally send them to the e-mail address provided by the traveler. The traveler bears the risk of possible damage caused by a mistake on his part when transmitting data, including e mail address, telephone number, etc. Since technical failures or delays may occur when sending documents electronically, the traveler must always check whether he has received the documents at the time allowed by the tour operator or at least 48 hours before the start of the trip. If the traveler has not received the documents at the time allowed or before the start of the trip, the traveler is obliged to inform the tour operator immediately.
8.4. The tour operator shall inform the traveler of any possible change in the departure time of the trip no later than 24 hours before the start of the trip, either by telephone or e-mail. Since technical failures or delays may occur when transmitting messages electronically, the traveler is obliged to check the departure time of the trip 24 hours before the start of the trip by visiting the website announced by the tour operator or by calling the telephone number provided by the tour
operator. At the destination, the traveler must check the relevant information 24 hours before the start of the return trip from the travel agent, tour operator or the announced website.
8.5. The traveler is obliged to arrive on time at the departure point of the trip, the meeting points and departure points specified by the tour guide. Including, but not limited to, the traveler must also follow the operational information at the airport, bus or train station during the trip, arrive at
the designated place on time and take into account possible delays in advance due to traffic jams, difficult weather conditions or queues at passport or security control. If the traveler does not appear at the designated place on time, the tour operator has the right to continue the trip without this traveler and, depending on the situation, cancel all further services for this traveler. However, the latter does not release the tour operator from the obligation to assist the traveler, including organizing the traveler’s return trip to the departure point of the trip, the costs arising in connection with which must be borne by the traveler.
8.6. During the trip, the traveler must follow public order, the rules and regulations established for the use of the travel service, as well as the instructions of officials, the tour operator and travel service providers, including accommodation facilities and representatives of carriers.
8.7. If the traveler continues to breach the contract despite the notice given or if, taking into account all the circumstances and the interests of both parties, the tour operator cannot reasonably be required to continue the contract, the tour operator has the right to refuse to allow the traveler to travel or to continue the trip without the said traveler and/or to cancel the contract. In such a case, the traveler loses the right to the travel fee and the traveler must bear all costs related to the organization of his/her return trip to the place of departure of the trip.
8.8. The traveler is liable for any damage that he or she has caused to the tour operator or third parties intentionally or through negligence.
8.9. The traveler must inform the tour operator of his/her contact details, through which he/she can be contacted before and during the trip. The traveler must inform the tour operator of any changes to his/her contact details as soon as possible.
8.10. The representative of the travel group is obliged to provide all travelers with all travel related information and documents received from the tour operator and, on the other hand, to forward to the tour operator the necessary information and documentation concerning each traveler. The tour operator’s obligation to inform is deemed to have been fulfilled if it has provided travel-related information to the representative of the travel group, therefore the tour operator does not have to provide the necessary information and documents to each traveler separately. Changes to reservations, including cancellation requests, may be made on behalf of the travel group by the representative of the travel group that ordered the trip alone or together with other travelers who wish to make changes.
8.11. The traveler or the representative of the travel group is responsible for the correct and timely transmission of the information provided by the tour operator, such as the travel time, the names of the travelers, dates of birth, other personal data or special needs of the travelers. The tour operator is not liable for damage caused by incorrect or incomplete information provided by the traveler or the representative of the travel group.
8.12. The traveler is responsible for any consequences and/or other costs that may arise if he/she uses the services in a manner other than that agreed in the contract or does not use the services in the order prescribed for their use. For example, partial or complete non-use of
transport services included in the package tour may result in the restriction or cancellation of the use of further services.
8.13. The traveler is liable for compensation for damage caused to the tour operator or a third party (damaged hotel inventory, carrier’s means of transport, etc.). If the damage is caused by minor children or persons placed under their care, the damage caused shall be compensated by the responsible person specified in the contract or their parents or guardian.
Art. 9. The tour operator’s right to increase the travel fee
9.1. After the conclusion of the contract, the tour operator has the right to increase the travel fee, provided that the tour operator has notified the traveler of the increase in the travel fee on a durable medium, together with the reasons for the increase in the travel fee and calculations, in a clear and understandable manner, no later than 20 days before the start of the trip, and the increase in the travel fee does not exceed the actual increase in costs and if the basis for the increase in the fee is:
a) changes in transport costs due to the prices of fuel and other energy sources; or b) changes in tax or fee rates imposed by third parties not directly involved in the provision of the travel services included in the contract, including changes in tourist taxes, landing fees, port or airport entry and exit fees;
c) changes in exchange rates affecting the cost of the trip, which are determined at the time of conclusion of the contract. The exchange rate used is the exchange rate on the day of the trip, which is the basis for the tour operator’s declared pricing. If pricing is not specifically determined, the exchange rate on the date of the contract shall be used as the rate. 9.2. If the travel fee is increased by more than 8% after the conclusion of the contract, the traveler has the right to withdraw from the contract. The traveler must notify the tour operator of the withdrawal from the contract within a reasonable period of time set by the tour operator or within 7 days of receiving the notice of the increase in the travel fee. A notice sent electronically shall be deemed to have been received on the day the notice was sent.
9.3. If the traveler withdraws from the contract based on clause 9.2., the tour operator must refund the travel fee paid by the traveler without delay, but no later than within 14 days of receiving the application for withdrawal from the contract.
9.4. If the circumstances set out in this article give rise to a reduction in the travel fee, the traveler has the right to reduce the travel fee by the amount corresponding to the reduction in the costs set out in this article after the conclusion of the contract but before the start of the package travel. The tour operator may deduct the actual administrative costs associated with the reduction in the travel fee and the payments from the amount to be paid.
Art 10. Changes to the package travel contract by the tour operator
10.1. The tour operator has the right to change the terms and conditions of the contract before the start of the trip, if the change is insignificant. In such a case, the traveler does not have the right to withdraw from or cancel the contract, demand a reduction in the travel fee or compensation for damage. Minor changes are considered to be changes that the traveler could have foreseen based on the nature of the trip, for example, the cancellation of one excursion if the package tour includes several excursions; replacing the accommodation and/or transport service provider with an accommodation and/or transport service provider of at least the same quality, etc.
10.2. If the number of travelers registered for the trip is not sufficient to meet the requirements of the tour operator, the tour operator has the right to change the vehicles used for the transport service, the route and the timetable instead of cancelling the trip, if the changes are insignificant considering the nature of the trip. Travelers must be informed of the changes on a durable medium as soon as possible, but no later than:
a) 20 days before the start of the trip, if the trip lasts more than 6 days;
b) 7 days before the start of the trip, if the trip lasts from 2 to 6 days;
c) 48 days before the start of the trip, if the trip lasts less than 2 days.
10.3. The changes provided for in this article do not give the traveler grounds to withdraw from the contract or terminate the contract, as well as to reduce the travel fee. If the tour operator makes minor changes other than those specified in this article, the traveler is obliged to pay the travel fee and other agreed fees, and in such a case the traveler’s right to a reduction in the travel fee and to receive compensation in accordance with the legislation applies.
10.4. The tour operator must notify the traveler of changes on a durable medium, in a clear, understandable and distinctive manner.
Art. 11. The tour operator’s right to withdraw from the contract and cancel the trip 11.1. The tour operator has the right to withdraw from the contract and cancel the trip if:
a) the tour operator has announced that the trip is subject to a minimum number of travelers and the number of travelers registered for the trip is less than the minimum number specified in the contract. The minimum number may be set either for a single trip or for travel arrangements made for a specific destination. In such a case, travelers must be notified of the cancellation no later than:
1) 20 days before the start of the trip, if the trip lasts more than 6 days;
2) 7 days before the start of the trip, if the trip lasts from 2 to 6 days;
3) 48 hours before the start of the trip, if the trip lasts less than 2 days.
b) the tour operator’s ability to organise the trip in the agreed manner is significantly hindered by unavoidable and extraordinary circumstances occurring at or near the travel destination, such as war, other serious security problems, terrorism, natural disasters, floods, earthquakes, weather conditions, strikes. The interruption of essential services such as electricity or water supply at the destination, for example due to a natural disaster or strike, may also be sufficient reasons. When assessing the reasons for withdrawal, the positions of the authorities of the Republic of Estonia (Ministry of Foreign Affairs, Ministry of the Interior) or, for example, an official notification of the foreign mission of the Republic of Estonia on the situation are taken into account, among other things. Travelers must be informed of withdrawal from the contract and cancellation of the trip as soon as possible.
In the cases provided for in this clause, the tour operator has the right to withdraw from the contract, in which case the traveler must be reimbursed the travel fee paid under the contract without additional compensation.
11.2. If the situation specified in clause 11.1.b. arises during the trip, the tour operator has the right to suspend the provision of services under the conditions set out in the contract and to make unavoidable changes to the travel program, including, if necessary, to arrange the transport of travelers to the starting point of the trip at the earliest opportunity. The tour operator
must immediately, but no later than within 14 days from the end of the trip, refund the travelers the part of the travel fee corresponding to the services not received.
11.3. The tour operator has the right to cancel the contract if the traveler has not paid the travel fee or part of it by the agreed payment deadline.
Art. 12. Obligations and liability of the tour operator for the performance of the contract
12.1. The tour operator undertakes to provide the traveler with travel and travel services as agreed in the contract.
12.2. The tour operator is responsible to the traveler for the performance of the contract, regardless of whether the contractual obligations must be fulfilled by the tour operator himself or by someone else (for example, an accommodation provider or a carrier).
12.3. If the traveler falls ill, has an accident or is the victim of a crime or other difficulties during the journey, the tour operator must provide the traveler with relevant information about health services, local authorities and consular assistance and assist the traveler in keeping in touch and, if necessary, in finding new travel options. The tour operator may charge a reasonable fee for the assistance provided if the traveler has caused the difficulties intentionally or through his own negligence. However, the fee may not exceed the actual costs incurred by the tour operator in providing assistance.
12.4. The tour operator must inform the traveler how he or she can contact the tour operator’s place of business or representative at the destination. If the tour operator does not have a representative or place of business at the destination, the tour operator must provide the traveler with its hotline number or contact details before the journey, through which the traveler can contact the tour operator if necessary.
12.5. The liability of the tour operator is limited to three times the travel fee, except for causing the death of the traveler, causing bodily injury to him or her or harming his or her health.
12.6. The tour operator is not obliged to reduce the travel fee stipulated in the contract if the tour operator proves that the non-conformity with the contract was caused by the traveler. The tour operator also does not accept responsibility for the weather conditions prevailing at the travel destination or along the travel route.
12.7. The tour operator is not liable for damage if it proves that the non-conformity results from:
a) the traveler;
b) a third party who is not involved in the provision of the travel service included in the contract and which is unforeseeable or unavoidable; or
c) unavoidable and extraordinary circumstances.
12.8. The traveler has the right to claim compensation for damage under the package travel contract and Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to travelers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.02.2004, pp. 10–11), Regulation (EC) No 1371/2007 of the European Parliament and of the Council on rail travelers’ rights and obligations (OJ L 315, 03.12.2007, pp. 14–41), Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of travelers by sea in the event of accidents (OJ L 131, 28.05.2009, pp. 24–46), Regulation (EU) No 1177/2010 concerning the rights of travelers by sea and inland waterway and
amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, pp. 1–16), Regulation (EU) No 181/2011 of the European Parliament and of the Council concerning the rights of travelers by bus and coach and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.02.2011, pp. 1–12), and international conventions. In the case of damage caused during air, sea or rail transport, the amount of compensation for damage shall be assessed taking into account the legal provisions and contracts applied by the subcontracting transport undertaking or accommodation provider in its activities.
12.9. If, due to unavoidable and extraordinary circumstances, it is not possible to arrange the return journey of the traveler to the place of departure or another agreed place in the manner agreed in the contract, the tour operator is liable under the contract for the payment of necessary accommodation costs up to three nights’ accommodation, unless the corresponding cost is borne by the transport company. The aforementioned limitation of costs does not apply provided that the tour operator has been informed of the traveler’s special needs at least 48 hours before the start of the package tour and:
a) if, in accordance with European Union legislation, the tour operator is required to bear the costs of the traveler’s accommodation for a longer period;
b) in respect of persons with reduced mobility within the meaning of Article 2(a) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.07.2006, pp. 1–9) and in respect of persons accompanying them, pregnant women and unaccompanied minors and persons in need of specialist medical care.
12.10. The tour operator may not rely on unavoidable and extraordinary circumstances to limit its liability in the event of delayed return if the relevant service provider cannot rely on the European Union legislation applicable to such circumstances.
Art. 13. Defects in the performance of the contract and notification thereof 13.1. There are deficiencies in the performance of the contract if:
a) the travel services do not comply with the agreement or if the travel services cannot be considered as agreed; or
b) the tour operator has not complied with its obligation to provide the traveler with information about the applicable conditions of the trip, the content of the trip, the necessary travel documents, travel health requirements, travel schedules and other information necessary for the traveler; or
c) the tour operator has not fulfilled its obligations to provide assistance under the contract.
13.2. When concluding the contract and using the services, the traveler must be prepared for changes in the transport service schedules. A change in the transport schedule, as a result of which the stay at the travel destination is shortened or extended by at least 2 hours, but by a maximum of 4 hours for a trip lasting less than 5 days, a maximum of 5 hours for a trip lasting 5-8 days and a maximum of 8 hours for a trip lasting more than 8 days. If the trip lasts less than 2 days, the deficiency is assessed on a case-by-case basis.
13.3. Minor and short-term changes or discrepancies from the perspective of the trip as a whole, which the traveler could have expected considering the destination, nature of the trip and the travel schedule, including a change of hotel, if the reason is overbooking at the accommodation and the tour operator replaces the service with at least an equivalent service, are not considered defects in the contract.
13.4. If the traveler does not receive the purchased service, he must contact the tour operator at the moment when he is entitled to receive the said service. If possible, the deficiency in the provision of the service must be reported immediately to the tour operator and the local travel service provider on a durable medium. When submitting a claim for compensation for damage, the traveler is not entitled to rely on the deficiency if he has not notified the tour operator or the local travel service provider of it immediately after he discovered the deficiency or should have discovered it. Among other things, the traveler is not entitled to claim compensation for damage for such deficiencies that could have been eliminated during the trip if he had been notified immediately.
13.5. If immediate remedy of the defect is not necessary, the traveler must allow a reasonable period of time for remedying the defect. The duration of the trip, destination and other aspects should be taken into account when assessing the reasonable period. The tour operator must immediately remedy the defect at its own expense by taking reasonable measures. If taking reasonable measures is impossible or would entail disproportionately high costs considering the extent of the breach and the value of the affected travel service, the tour operator is exempt from taking measures.
13.6. If the tour operator does not eliminate the defect within a reasonable time or informs about the non-elimination of the defect, except if the elimination of the defect is impossible or disproportionately burdensome, the traveler has the right to eliminate the defect himself. The traveler has the right to receive compensation for the costs incurred in connection with the elimination of the defect to a justified and reasonable extent.
13.7. If a solution to the defect is not found during the trip, the traveler has the right to file a written complaint against the tour operator. The traveler must file a written complaint within a reasonable time, preferably no later than fourteen (14) calendar days from the date of becoming aware of the incident. The complaint must be accompanied by copies of receipts for justified expenses.
13.8. The traveler has the right to rely on the legal remedies provided for in the Law of Obligations Act, including to demand performance of the obligation; to refuse to perform the obligation owed; to demand compensation for damage; to withdraw from the contract or cancel the contract; to reduce the price; and to demand late payment interest in the event of delay in fulfilling the financial obligation.
13.9. The traveler is not entitled to a price reduction if the defect is insignificant in relation to the entire contract. The starting point for the calculation is the total cost of the package tour, not the cost of the single travel service that contained the defect.
Art. 14. Provision of replacement services during the trip
14.1. If during the trip it is not possible to provide a significant part of the travel services in accordance with the contract, the tour operator must, without incurring additional costs to the traveler, offer a replacement service that is at least of the same quality as the travel services provided for in the contract to continue the trip.
14.2. The tour operator must provide the traveler with an appropriate discount if the replacement service is of lower quality than the service agreed in the contract.
14.3. The traveler may refuse the offered replacement service if it is not equivalent to that agreed in the contract or if the offered discount does not correspond to the extent of the defect. If the
traveler has reasonably refused the replacement service or if it cannot be provided, the traveler is entitled to a justified discount and compensation for damages.
14.4. If the traveler unjustifiably refuses the above-mentioned replacement services, the traveler is not entitled to compensation or a discount on the travel fee.
Art. 15. Liability for booking errors
15.1. The tour operator shall immediately compensate the traveler for any damage caused by a technical error in the booking system used or errors related to the fulfillment of the duty of care made when booking.
15.2. The traveler has no right to claim a refund of the travel fee or compensation for damage if the booking error is caused by the traveler. If the traveler has provided the tour operator or service provider with incorrect or incomplete traveler or trip information, this is considered an error caused by the traveler.
Art. 16. Reduction of compensation received under other legislation
16.1. If a traveler has the right to care, discount or compensation for damages in accordance with international legislation, including international conventions and regulations on traveler rights, as set out in clause 12.8., the amount of compensation prescribed under the regulation shall be deducted from equivalent compensation provided under these terms and conditions.
16.2. The traveler is obliged to inform the tour operator of all care provided by service providers, compensation paid and compensation that has been decided to be paid but has not yet been paid.
Art. 17. Other conditions
17.1. The General Terms and Conditions are an integral part of the contract concluded between the tour operator and the traveler.
17.2. Disputes between the traveler and the tour operator shall primarily be resolved through negotiations. Disputes with consumers shall be resolved by the Consumer Disputes Commission at Endla 10a, 10122 Tallinn. According to the Consumer Protection Act, the Commission has the competence to resolve disputes arising from the contract that the parties have not been able to resolve by agreement. Court disputes shall be resolved by the parties in accordance with the procedure provided for by the laws and regulations of the Republic of Estonia.