MN Projekt Partner OÜ (GCM Travel) special conditions for package tours 

The responsible tour operator for MN Projekt Partner package tours is MN Projekt Partner OÜ,  (who operates also under the trading name GCM Travel), registry code 16333689, address Uue Maailma 24-5, Tallinn 10131, Estonia, e-mail info@gcmtravel.ee, phone +372 55 685 704, web  page www.gcmtravel.ee. (hereinafter referred to as GCM Travel or the tour operator). 

GCM Travel is entered in the Register of Economic Activities as a tour operator, registration  number TRE001116, official information on the entry is available here: ( Register of Economic  Activities ) and has provided the Consumer Protection and Technical Supervision Authority with  the required guarantee in accordance with the tourism laws in case of insolvency. 

The current Tourism and Law of Obligations Act, the General Terms and Conditions of Package  Travel, these Special Terms and Conditions of Package Travel and the offer that is sent by GCM  Travel or made available on GCM Travel website (hereinafter also referred to as the Package  Travel Contract or Contract) apply to GCM Travel package tours. In case of discrepancies  between the Contract documents, the conditions stipulated in the offer that is sent by GCM  Travel or made available on GCM Travel website shall prevail. 

GCM Travel offers financial protection for all its package tours with a guarantee from AS  Swedbank. The traveler can be sure that in the unlikely event of GCM Travel’s insolvency, all  amounts paid for which the service has not been received will be refunded. 

The contract becomes binding on the traveler when the first payment determined by the tour  operator has been paid by the due date at the latest. 

1. General provisions and liability for performance of the contract 

As a tour operator, GCM Travel is responsible to the traveler for the fulfillment of the package  travel contract, regardless of whether the contractual obligations must be fulfilled by the traveler  himself or by the travel service provider (transport companies and accommodations). 

GCM Travel package tours are carried out using service providers such as airlines, bus carriers,  accommodation providers, tour operators, etc. GCM Travel has entered into contracts with  service providers and is responsible for ensuring that the traveler receives the services they have  purchased in accordance with the contract. 

If for any reason the traveler does not receive the purchased service, he must contact GCM  Travel package tour customer service at the moment he is entitled to receive the said service. 

The tour operator is not responsible for arrangements and services that are not included in the  package tour, such as services that the traveler has purchased elsewhere or services that are  later purchased individually. 

Air tickets included in a package tour, baggage taken on the flight and other items related to the  transport, such as in-flight meals, are subject to the conditions of carriage of the airlines that  issued the ticket and are involved in the transport, as well as international aviation regulations. 

Please note that the right of children under 18 to travel without a guardian may be restricted by  authorities, transport companies and accommodation facilities. Travel conditions concerning  minors should always be checked in advance with the authorities of the country of departure,  

destination and transit countries, as some countries have specified exactly what this permission  must be. A person under 18 traveling without a guardian must have a consent signed by a 

guardian, the formal requirements for consent may vary. A consent is a document that contains  information about the tour and the signatures and contact details of the guardians. The consent  must be taken with you on the tour and presented to the authorities, transport company or  accommodation facility, among others, if necessary. 

The consumer’s right to withdraw from the contract free of charge and without giving a reason  within 14 days, as provided for in the Law of Obligations Act, does not apply to contracts  concluded by means of communication (e-mail, telephone) or to contracts concluded on-site at  an office. 

2. Content of the package travel contract 

A package tour includes those services and organizational activities that have been agreed  between the traveler and the tour operator. When assessing the content of the contract, all pre contractual information communicated in writing or electronically before the conclusion of the  contract (including the offer that is sent by GCM Travel or made available on GCM Travel  website), the contract conditions, the standard information sheet and other information  specified by law regarding the tour in question are taken into account. In case of discrepancies  between different communication or contracts, the conditions stipulated in the offer that is sent  by GCM Travel or made available on GCM Travel website shall prevail 

3. Travel documents and travel insurance 

Before concluding the contract, the tour operator must provide the traveler with general  information about the passport and visa regulations of the destination country, including the  average time it takes to obtain a visa. 

The traveler must take care of the travel documents necessary for the tour (including passport,  visa, vaccination certificates) and check their accuracy and compatibility with the ticket. The  traveler must also check the timetables. The tour operator is not liable for any damage incurred  by the traveler if the tour is canceled or interrupted due to incomplete travel documents (e.g. an  incorrect passport) or refusal to issue a visa or its absence. 

The package tour does not include travel insurance, therefore the tour operator recommends  that the traveler conclude the necessary travel insurance contracts. The traveler is responsible  for any optional insurance required during the tour. It is reasonable to have insurance to cover  risks to life and health, property, as well as travel disruptions for various reasons. 

GCM Travel recommends that travelers check that all types of activities or hobbies that travelers  undertake as part of their tour are covered by an insurance policy. GCM Travel is not responsible  for any costs that the traveler may incur due to the inappropriateness or inadequacy of travel  insurance purchased before, during or after the tour. 

4. Possible security risks at the destination 

The tour operator must inform the traveler before the tour about the possible special risks  associated with the tour and provide information about the general health regulations of the  destination country. The traveler is responsible for obtaining special instructions related to  his/her health condition. In addition, the traveler must be given instructions in the event of a  possible illness or other similar incident.

In addition to the traveler, the primary responsibility for the safety of the traveler abroad lies with  the authorities of the country in question. The traveler must act taking into account the  circumstances of the destination. 

The traveler should familiarize himself with the situation in the destination country.

5. Conclusion of the contract and payment of the travel fee 

A binding contract between the traveler and the tour operator comes into force when the tour  operator has provided the traveler with all the required information on a durable medium (such  as e-mail or tour operator’s website) and the first installment of the travel fee requested by the  tour operator has been paid by the due date at the latest. 

The travel fee must be paid in full either when placing the order or by a separately agreed  deadline. The invoice can be paid by bank transfer or credit card. 

A travel group representative is a traveler who purchases travel services for other travelers or  represents others. The traveler or travel group representative is obliged to notify GCM Travel  customer service if a confirmation of a paid order has not been received to the traveler’s e-mail  address within 12 hours. GCM Travel undertakes to issue travel documents granting the right to  use travel services, such as flight tickets, hotel confirmations and possible transfer and  excursion confirmations or tickets, no later than 48 hours before the start of the tour. In case of a  travel group, all travel documents are sent to the addresses of the travelers and/or to the travel  group representative provided by the travel group representative. 

Travelers are required to bring both the travel confirmation and the latest travel documents  (airline ticket confirmation and documents regarding accommodation and other possible  additional services) with them on their tour. 

6. Services included in the tour price, special rules for children 

GCM Travel package tours are based on scheduled flights and the travel fee is based on the price  lists, exchange rates and regulations valid at the time of placing the order. Prices are valid from  the moment they are announced and do not affect tours ordered before that. GCM Travel  reserves the right to change these terms and conditions, travel fees before the conclusion of the  package tour contract. GCM Travel reserves the right to increase the agreed travel price in  accordance with these terms and conditions. 

The price of the tour includes all taxes that can be paid before departure. In many cities and  destinations, travelers are charged a tourism tax related to their overnight stay, the amount of  which depends on the location, level of accommodation and length of stay. These taxes cannot  be paid in advance with the tour fee, as they are paid directly to the accommodation or to a  representative designated by the authorities. 

The services provided by GCM Travel include flight tickets, accommodation, guided tours, etc.  As the tours provided by GCM Travel are tailor-made according to the needs and wishes of the  travelers or travel group, then the full list of services that are included in the price of GCM Travel  package tour are indicated in package details that are provided to the travelers or travel group on  the offer that is sent by GCM Travel or made available on GCM Travel website. 

For special needs of travelers with disabilities, e.g. wheelchairs, GCM Travel customer service  must be contacted well in advance of the start of the tour, but in any case no later than 4 weeks before the start of the tour. GCM Travel will do their best to provide all the tour services to the 

travelers with disabilities, but it must be noted that depending on the destinations, venues,  service providers etc, it may not always be possible to provide some or all of the services on the  tour. 

GCM Travel has a right to determine age limit of the travel package tour. If the babies are allowed  to the tour, then it must be noted that a baby is not entitled to his/her own seat on the plane or  his/her own bed in the accommodation. If a seat or bed is requested for him/her, his/her booking  will be treated as a child aged 2-11. If the child turns 2 during the journey, he/she will be booked  as a child traveler and must have his/her own seat on the plane. 

When traveling with children and wishing to ensure the availability of an extra bed for them, the  traveler must check the availability of an extra bed with GCM Travel customer service. 

7. Tour operator’s obligation to assist 

If a traveler falls ill, has an accident or is the victim of a crime or suffers any other damage during  the tour, the tour operator must immediately provide the traveler in need with information about  health services, local authorities and consular services, organise the possibility for the traveler to use a means of communication and help the traveler to make alternative travel arrangements  and provide other appropriate assistance. The traveler is responsible for these or other  extraordinary costs arising from the situation (e.g. new transport service, additional hotel stays  and possible additional costs for the tour operator) that the tour operator incurs due to his/her  situation. If a situation as set out in subsection 10.b. occurs during the tour, the tour operator  must assist the traveler accordingly and try to limit the damage incurred by the traveler as far as  possible. 

The tour operator may charge a reasonable fee for the assistance provided if the traveler has  caused the difficulties either intentionally or through negligence. However, the amount of the fee  may not exceed the actual costs incurred by the tour operator in providing the assistance. 

If the GCM Travel package tours do not have their own staff at the destination, the traveler  needing assistance must contact GCM Travel customer service by phone or e-mail, details of  which are provided in the preamble of this contract or provided separately by GCM Travel in  connection with the specific tour. 

8. Traveler’s obligations and liability 

During the tour, the traveler is obliged to follow the instructions and regulations related to the  implementation of the tour issued by the authorities, the tour operator or the tour operator’s  representative, as well as the rules in force in hotels and companies providing transportation  services. 

The traveler must not disturb other travelers with his/her behavior. If the traveler significantly  violates his/her obligations, he/she may not be allowed to travel or be left behind. In such a  case, the traveler is not entitled to a refund of the travel fee and is responsible for all costs  arising from the return tour. 

The traveler is liable for any damages they cause to the tour operator or third parties through  their intentional or negligent behavior. 

It is the traveler’s responsibility to carefully guard their personal belongings and their minor  children during their tour. GCM Travel assumes no responsibility for theft or robbery from hotel  rooms or safes, on the street or in other places.

The traveler must provide the tour operator with contact information through which they can be  reached before and during the tour. 

The representative of the travel group is obliged to provide all information and documents  concerning the tour to the travel group and, accordingly, the necessary information and  documents concerning the travelers to the tour operator. As for the tour operator, its obligation  to inform is deemed to have been fulfilled if it has provided the said representative of the travel  group with the information concerning the tour and it does not have to be delivered to each  traveler separately. Changes to the booking on behalf of the travel group may only be made by  the representative of the travel group alone or together with the traveler requesting the change. 

The traveler or representative of the travel group is responsible for the accuracy and timely  notification of the information provided to the tour operator, such as the travel time, names of  travelers, dates of birth, other personal data and special needs of travelers. The tour operator is  not liable for damage resulting from incorrect or incomplete information provided by the traveler  or representative of the travel group. 

The traveler is responsible for the consequences and/or costs if he/she uses the package travel  services or parts thereof in a manner other than that agreed in the package travel contract. For  example, partial or complete failure to use the transport services included in the package travel  

(e.g. failure to use flight tickets or flights in the provided order) may lead to loss of the right to use  other services, restriction or cancellation of flight tickets. 

9. The traveler’s right to cancel the tour before the start of the tour 

The traveler has the right to cancel the tour at any time before the tour begins. It must be noted  however that GCM Travel tours are tailor-made, compiled according to the needs and wishes of  the travelers, therefore in order to cover the costs that have been bore by GCM Travel in  connection with organizing the tour, the cancellation of such tours will cause the travelers to pay  cancellation fee, the amount of which is stated in the tour offer. 

Each cancellation is handled on a case-by-case basis. If anything needs to be changed or  canceled, the traveler must contact GCM Travel customer service immediately. 

The confirmation of the flight and other travel services selected for GCM Travel package tour  takes place automatically after payment for the tour, at the same time the service providers’  booking and sales conditions binding on the tour operator come into effect. Often, the booking  and sales conditions of airlines and other travel service providers do not allow refunds in the  event of changes or cancellations occurring after the booking has been confirmed, which is why  any possible refund of the travel fee may be limited or not possible. 

If the price of the tour is given in such a way that a travel group or party consisting of two or more  travelers is accommodated in the same room or apartment and one of the party members  cancels the tour, the tour operator has the right to demand compensation for the costs caused  by the underutilization of the accommodation due to the cancellation. The members of the party  who canceled the tour and participated in the tour are jointly and severally liable for paying the  aforementioned 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  residence, in which case the traveling party will be responsible for any additional costs. 

If the tour is not canceled and the traveler does not arrive at the agreed place at the agreed time,  or if the traveler cannot participate in the tour because for reasons attributable to him, he does 

not have the necessary documents for the tour, such as a valid passport, visa, identity  document or vaccination certificate, he is not entitled to a refund. 

10. The traveler’s right to cancel the tour before the start of the tour due to changes made  by the tour operator or due to circumstances at the destination. 

The traveler may cancel the tour if: 

a) the tour operator makes a significant change to the travel arrangements and the change is not  caused by unforeseeable events (see clause 23). A significant change is considered to be, for  example, a change in the means of transport that significantly extends the travel time; such  changes in departure or arrival times that cause significant difficulties or additional expenses for  the traveler, a change in the destination or a change that significantly reduces the quality of the  accommodation, and a change that significantly affects the nature of the tour; or 

b) he has reason to believe that the tour operator’s ability to carry out the tour in the agreed  manner has been significantly impeded after the conclusion of the contract due to military  operations at or near the destination, other serious security problems such as terrorism, natural  disasters (floods, earthquakes or weather conditions), strikes and significant health risks such  as a serious illness or other similar situation at the destination. 

When assessing the grounds for cancellation, the position of the Estonian authorities or, for  example, an official announcement from the Estonian mission regarding the aforementioned  circumstances will be taken into account; or 

c) if the start or end of the tour is changed from the agreed time, the change is not caused by  unforeseeable events (see clause 23) and such change will cause cancellations in the main  activities that the tour was planned for (for example concerts where the travelling choir should  be performing are cancelled); or 

d) the traveler has any other compelling reason to believe that there is a significant deficiency in  the tour operator’s services. 

The tour operator must notify the changes on a durable medium and the notification must state  what changes the tour operator intends to make, whether the changes reduce the quality or  value of the package travel, how much potential discount the traveler will receive as a result of  the changes made, and whether these changes entitle the traveler to cancel the tour. 

The traveler must notify the tour operator of the cancellation without delay. If the traveler does  not notify the operator of the cancellation within the reasonable time specified in the notice of  changes, the traveler will be deemed to have agreed to the proposed changes. 

If the traveler cancels the tour in the above-mentioned cases, the traveler has the right to receive  a refund of the paid travel fee immediately, but no later than 14 days after the traveler has  canceled the contract. However, the traveler does not have the right to cancel the tour without  paying the cancellation fee if the situation specified in subsection b) of this article was known to  the traveler at the time of concluding the contract. 

11. The traveler’s right to interrupt the tour and cancel the contract during the tour The traveler has the right to interrupt the tour if:

a) the implementation of the tour proves to be so inadequate that the tour does not meet the  originally intended purpose, or 

b) the situation described in Article 10(b) arises during the tour and the traveler could not  reasonably have taken such situation of the destination into account when concluding the  contract (the situation has changed). 

When interrupting the tour or terminating the contract, the traveler is entitled to a refund of the  travel fee and other fees paid to the tour operator. If the traveler has benefited from the tour  operator’s actions, this benefit (e.g. the part of the tour that took place, meals provided during  the tour or entrance tickets used by the traveler) will be taken into account when calculating the  travel fee. 

If the traveler interrupts the tour for the reasons set out in this article a), the tour operator must,  if necessary, arrange for the traveler to be transported back to the point of departure at its own  expense. The transportation must be arranged in accordance with the originally agreed means of  transport, either to the point of departure or to another agreed place. 

If the traveler interrupts the tour for the reasons set out in b) of this article and the tour operator  does not assist him in arranging his return tour, the traveler may take the necessary measures  himself. However, the traveler must try to limit the amount of possible costs and other damages  for which the tour operator is liable. 

12. The traveler’s right to amend and transfer the contract 

The traveler has the right to request changes to the tour before it starts. The fee charged for this  is based on the actual costs that the tour operator pays in accordance with the booking and  sales conditions for scheduled flight tickets and other travel services, including the change and  cancellation conditions. In addition to the change fee, the traveler must pay office costs  stipulated in the tour offer, which cover the work costs incurred to date in organizing the tour. 

GCM Travel package travel services are based on scheduled flights, package tours are prepared  individually and are not based on previously acquired quotas. Reselling and using replacement  services in case of changes to package tours based on scheduled flights and individually  prepared packages is not possible. 

Flights and other travel services selected for GCM Travel package tours are automatically  confirmed after payment for the tour, and at the same time the service providers’ booking and  sales conditions binding on the tour operator come into effect. Often, air carriers and other  travel service providers’ booking and sales conditions do not allow refunds or changes after the  reservation has been confirmed, which is why any possible change may be treated as a ticket  cancellation or the possibilities for making changes are very limited. 

The traveler has the right to change the traveler’s data in the confirmation or transfer the rights  related to the contract to a person who meets any conditions related to participation in the tour. 

The transfer of the contract or change of data must be notified to the tour operator no later than  14 days before the start of the tour. Notification may also be made later if this does not cause  unreasonable difficulties for the tour operator. 

The transfer or and the recipient of the contract are jointly responsible for paying the travel fee  and compensation to the tour operator.

13. Changes to travel fees 

The tour operator has the right to increase the travel fee after the conclusion of the contract and,  accordingly, the obligation to reduce the agreed travel fee on the following grounds: 

a) changes in transport costs resulting from the price of fuel and other energy sources; or 

b) changes in taxes affecting the price of the tour or charges imposed by third parties on travel  services, such as airport or port taxes or destination or city taxes. Taxes and charges may be  imposed by the authorities of both the country of departure and the destination; or 

c) changes in exchange rates affecting the cost of the tour, which are determined by the  exchange rate valid six weeks before the start of the tour. The exchange rate used as the basis for  the price calculation by the tour operator on that day shall be used as the reference rate. If the  exchange rate on which the price calculation is based has not been separately notified, the  exchange rate valid on the day the contract is concluded shall be used as the reference rate. The increase in the travel fee may not be greater than the increase in costs. 

The tour operator must inform the traveler of the new fee as soon as possible and also explain  what the basis for the fee change is and which parts of the package tour are affected by the  change. 

The traveler must be informed of the change on a durable medium no later than 30 days before  the start of the tour. 

If the travel fee is increased by more than 8% after the conclusion of the contract, the traveler  has the right to cancel the contract. The traveler must notify the tour operator of the cancellation  of the contract within a reasonable period of time set by the latter or, if no deadline has been  announced, within 7 days from the day on which the traveler received the notification of the  price increase. A notification sent electronically is deemed to have been received on the same  day as the tour operator sent it. If no other explanation can be given as to the time of receipt of  the notification, a notification sent by post is deemed to have been received 7 days after it was  sent. 

If the traveler cancels the contract, the travel fees paid by him/her must be refunded without  delay, but no later than within 30 days of the cancellation of the contract. 

14. Changes made by the tour operator 

If the tour operator makes minor changes to the package travel contract before the start of the  tour, taking into account the totality of the tour, the traveler is not entitled to cancel the tour or  receive a reduced price or compensation. Minor changes may be considered to be changes that  the traveler could reasonably have been prepared for, taking into account the destination or the  nature of the tour. 

The tour operator must inform the traveler of the changes on a durable medium in a clear, visible  and understandable manner. 

Due to the small number of participants, the tour operator has the right to change the means of  transport, route and timetable instead of cancelling the tour or the tour operator, if the changes  do not significantly alter the nature of the tour. The traveler must be notified of the changes no  later than:

1) 20 days before the start of the tour if the tour duration is more than 6 days; 2) 7 days before the start of the tour if the tour duration is 2-6 days; 

3) 48 hours before the start of the tour if the tour duration is less than 2 days.

15. The tour operator’s right to cancel and interrupt the tour 

The tour operator has the right to cancel the tour if: 

a) there are not enough participants registered for the tour and the tour operator has mentioned  in the pre-contractual information or other materials (e.g. the offer, the travel program or other  travel documents) that the tour will take place depending on the number of participants. The  required number of participants may concern one specific tour or a series of tours to a specific  destination. The traveler must be notified of the cancellation of the tour no later than: 

1) 20 days before the start of the tour, if the tour lasts more than six days; 

2) 7 days before the start of the tour, if the tour lasts two to six days; 

3) 48 hours before the start of the tour, if the tour lasts less than two days. 

b) the tour operator’s ability to carry out the tour in the agreed manner is significantly impaired  after the conclusion of the contract due to events of Force Majeure – military operations at or  near the destination, other serious security risks such as terrorism, natural disasters (floods,  earthquakes, weather conditions), strikes, risks significantly affecting human health  (occurrence of a serious illness at the travel destination), etc. The reason may also be the  interruption of essential services such as electricity and water supply at the travel destination,  for example, due to a natural disaster or strike. 

The traveler must be informed of the cancellation of the tour as soon as possible. 

If the situation referred to in point b) of this article arises during the tour, the tour operator has  the right to interrupt the tour and make other necessary changes to the travel program. 

In the event of a regular tour cancellation, the tour operator must refund the payments  made by the traveler no later than 30 days after the tour cancellation.  

In the event that the tour is cancelled due to Force Majeure – military operations, acts of  terrorism, or other force majeure circumstances – the tour operator shall refund to the  client all amounts received from the client to the extent that such amounts are refunded  to the tour operator by third-party service providers. 

Any remaining amounts not recovered from service providers shall not be subject to  refund by the tour operator and may be recoverable by the client under the terms of the  client’s travel insurance policy, if applicable. 

16. The tour operator’s right to cancel the contract 

The tour operator has the right to cancel the contract if the traveler has not paid for the tour in  full or in part by the final agreed date. The tour operator has the right to cancel the contract  provided that the traveler has received a suitable payment deadline. The document fixing the 

payment deadline must state the tour operator’s right to cancel the contract in the event of non payment. 

17. Deficiency in the activities of the tour operator 

There is a deficiency in the activities of a tour operator if: 

a) the tour does not correspond to what has been agreed or can be considered to have been  agreed in terms of services or other arrangements; or 

b) the tour operator has ignored the requirement to provide the traveler with information  prescribed by law about the conditions applicable to the tour, the content of the tour, the  necessary travel documents, health requirements related to the tour, transportation, timetables  and other necessary information, such as instructions for possible illness, accident, etc. during  the tour, and it can be assumed that this has influenced the traveler’s decision; or c) the tour operator has ignored the obligation to assist the traveler. 

It is not a defect if the traveler does not use the transport service or other services included in  the tour or uses them only partially. 

18. Notification of deficiency 

The traveler cannot rely on a defect if he does not notify the tour operator of it within a  reasonable time after he/she discovered the defect or should have discovered it. A defect that  can be remedied during the tour must be notified to the tour operator as soon as possible,  immediately after the service is used or the obstacle occurs. 

Any deficiencies in the package tour must be reported to GCM Travel customer service by phone  or e-mail stipulated in the preamble of this contract or provided separately by GCM Travel in  connection with the specific tour. 

If immediate correction of the defect is not necessary, the traveler must allow a reasonable time  to remedy the defect. When calculating the reasonable time, the length of the tour, the  destination and other issues related to the type of tour must be taken into account. 

19. Elimination of the deficiency 

The tour operator must immediately remedy the defect at its own expense or, if immediate  remedy is not necessary, the defect must be rectified within a reasonable period set by the  traveler and in a manner that does not cause the traveler any expense or significant damage.  When determining a reasonable period for remedying the defect, the type of defect and its  importance to the traveler and the tour operator’s possibilities for remedying the defect shall be  taken into account. 

Despite the elimination of the deficiency, the traveler may be entitled to a reduction in the travel  fee for the duration of the deficiency and to compensation. 

The tour operator is not obliged to remedy a defect related to its activities if the remedy of the  defect is impossible or causes unreasonable expenses for the tour operator. When assessing  the unreasonableness of the expenses, the extent of the defect and the value of the travel  service in question are taken into account. 

If the tour operator states that it cannot remedy the defect or if the defect is not rectified  immediately when it is essential or within a reasonable time specified by the traveler, the traveler

may do so himself. In such a case, the traveler is entitled to compensation for the costs incurred  in rectifying the defect. If the traveler rectify the defect in the tour operator’s activities himself,  the tour operator is not obliged to compensate the traveler for the costs arising therefrom if  these costs are unreasonable. 

20. Provision of replacement services during travel 

If a significant part of the travel services cannot be provided as agreed during the tour, the tour  operator must, without causing additional costs to the travelers, offer alternative services that  are, as far as possible, at least as good as the agreed travel services in order to continue the  package tour. The obligation to provide these services also applies to cases where the traveler’s  return to the place of departure is not carried out in the agreed manner. 

The tour operator must offer the traveler an appropriate price reduction if the package including  replacement services is of lower quality than the package included in the package travel  contract. 

The traveler may refuse the replacement services offered to him if they are not comparable to  those agreed in the package travel contract or if the price reduction offered does not correspond  to the extent of the defect. If the traveler reasonably refuses the replacement services or if they  cannot be offered, the traveler is entitled to an appropriate price reduction and compensation  even if he does not withdraw from the contract. If the package travel includes transport, the tour  operator must arrange for the traveler to receive the appropriate transport to the place of  departure without delay and without causing additional costs to the traveler. 

If the traveler refuses the replacement services offered to him without the aforementioned  acceptable reasons, he is not entitled to compensation or a price reduction. 

21. Price reduction 

If the defect is not eliminated immediately at the tour operator’s expense or if the defect cannot  be eliminated, the traveler has the right to a price reduction corresponding to the extent of the  defect, unless the tour operator proves that the defect occurred due to the traveler’s actions. 

The traveler is not entitled to a price reduction if the defect is insignificant compared to the  entire contract. The price reduction is calculated on the basis of the total cost of the package,  not the price of the individual travel service that contained the defect. When assessing the  extent of the defect, the traveler’s individual needs and special wishes at the time of conclusion  of the contract may also be taken into account. 

22. Compensation for damage 

The traveler is entitled to compensation for damage caused to him/her by a deficiency in the  activities of the tour operator. The traveler is not entitled to compensation if the tour operator  proves that: 

a) the defect is caused by the traveler; 

b) the defect is caused by third parties who are not involved in the provision of travel services  and the defect could not have been foreseen or prevented; 

c) the defect is caused by unavoidable and extraordinary circumstances. 

The damages that can be compensated include, for example, excessive costs and useless  expenses incurred by the traveler due to the defect, excessive costs incurred in arranging 

accommodation and reasonable compensation for useless holiday time. The latter presupposes  a significant error in the provision of travel services. 

The traveler must try to limit the amount of damage as much as possible. The tour operator is  not responsible for damage caused by the traveler’s own actions. 

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 occurring during air, sea or rail transport, the amount of  compensation for damage shall be assessed in accordance with the legal provisions and  agreements applied by the subcontracting transport undertaking or accommodation provider in  its activities. The actual carrier’s conditions of carriage shall apply. These conditions shall  expressly form part of the contract concluded between the traveler and the tour operator. The  tour operator shall provide copies of the conditions upon request of the traveler. The tour  operator’s liability shall not exceed the liability of any carrier. 

The compensation paid to the traveler is determined based on the amount of damage incurred,  but it may never exceed three times the travel fee. This limitation of liability does not apply to  compensation for damage caused intentionally or through negligence, as well as compensation  for damage caused by causing the death of the traveler, causing bodily injury to him or harming  his health. 

To receive compensation, the traveler must prove that there is a defect in the tour operator’s  activities and that he or she has suffered damage causally related to that defect. The person  claiming compensation bears the burden of proving the amount of the damage. 

The accommodation and other tourism services included in the selected travel services are  organised by GCM Travel with the help of local suppliers, who themselves may also use  subcontractors. GCM Travel asks you to take into account that hygiene, accommodation and  transport standards in other countries may be lower than the corresponding standards in your  country of residence. GCM Travel aims to always use reputable suppliers. The terms and  conditions of the accommodation and other service providers are applicable and expressly form  part of the contract. According to these terms and conditions, the liability of the service  providers may be limited or excluded. The assessment of the level of services provided in the  country is carried out on the basis of the local standards of the respective country. In the event  of claims, the contract is deemed to have been duly performed if the services comply with local  standards, even if they are not in accordance with the laws of traveler’s country. 

GCM Travel will try to fulfill the special requests of travelers (for example, a special seat on the  plane, dietary requirements or special rooms other than those special requests that are set as  an essential condition of the contract) and by forwarding them to the relevant service providers.

GCM Travel and the service providers do not guarantee the fulfillment of these requests unless  they are included in the terms of the contract. GCM Travel is not liable for any damage that the  traveler suffers if a request not included in the contract is not satisfied. 

23. Unavoidable and extraordinary circumstances 

The tour operator is not liable for damage caused by unavoidable and extraordinary  circumstances that the tour operator could not have influenced or avoided with the utmost care.  Such unavoidable and extraordinary circumstances include, for example, official regulations,  airspace restrictions, military operations, other serious security problems such as terrorism,  serious unrest, significant risks to human health such as the occurrence of a disease at the  travel destination or natural disasters such as floods, earthquakes or weather conditions that  make it impossible to travel safely to the destination specified in the package travel contract or  that significantly affect the travel in the agreed manner. These reasons may also include  disruption of essential services such as electricity or water supply due to a natural disaster or  strike. 

If, due to unavoidable and extraordinary circumstances, it is not possible to arrange the  traveler’s return journey to the place of departure in the manner agreed in the contract, the tour  operator shall bear the costs of necessary and, if possible, accommodation in accordance with  the package travel contract and lasting no more than three nights, if the traveler transport  service provider does not do so. 

The aforementioned limitation of liability for covering expenses does not apply to a traveler with  reduced mobility or their companion, a pregnant woman, an unaccompanied minor or a person  in need of special medical assistance, if the tour operator has been notified of the person’s  special needs at least 48 hours before the start of the tour. 

The tour operator may not rely on unavoidable and extraordinary circumstances to limit its  liability for a delay in the return journey if the relevant traveler transport service provider is not  permitted to rely on such circumstances under applicable European Union legislation. 

24. Booking errors 

The tour operator shall compensate the traveler without delay for any losses resulting from  technical deficiencies in the booking system used by the tour operator or from errors made  during the booking process. The traveler is not entitled to compensation if the booking error is  caused by the traveler or by unavoidable and extraordinary circumstances. 

A booking error may arise from the traveler, for example, if the traveler provides the tour operator with incorrect or incomplete information about the traveler or the tour. In accordance with the  normal duty of care, the traveler must check the documents received, such as the booking  confirmation, and inform the tour operator of any deficiencies or errors discovered as soon as  possible. If the traveler disregards the duty of review and suffers damage as a result, his  contribution may be taken into account in determining the compensation to be paid to him. 

25. Reduction of compensation received under other legislation 

If the traveler has been granted or is granted a price reduction or compensation based on  European Union legislation or international conventions on traveler rights referred to in Article  22, the amount of such compensation shall be deducted from the compensation granted under  these conditions.

The traveler is obliged to inform the tour operator of any compensation received from other  sources, including those determined to be paid by service providers, but not yet paid. 

26. Compensation claims and refunds 

Claims for compensation must be submitted to GCM Travel customer service under the  conditions set out in the general terms and conditions of package tours. Possible refunds shall  be made to the traveler in the same way that the payment was made i.e. if the payment was  made by bank transfer, the refund will be done by bank transfer and if the payment was made by  credit card, the refund will be done to the credit card. 

27. Disagreements 

Disagreements between the traveler and the tour operator shall be resolved through  negotiations, if possible. Consumer disputes shall be resolved by the Consumer Disputes  Committee at the address Pronksi 12, Tallinn. According to the Consumer Protection Act, the  Consumer Disputes Committee has jurisdiction to resolve disputes arising from the contract  that the parties have not been able to resolve through negotiations. Legal disputes shall be  resolved by the parties in accordance with the procedure provided for by the laws and  regulations of the Republic of Estonia in Harju county court (Harju maakohus).