Package holiday general terms and conditions
These package holiday general terms and conditions are made available to the traveller by the tour operator before singing the package tour contract. Following these general terms and conditions is obligatory.
1. Scope of the package holiday general terms and conditions
1.1. A package holiday is a holiday service bundle offered by the tour operator for a tour price, its duration is predetermined and must be at least 24 hours, and it contains at least two of the following holiday services: transport, accommodation, any other non-transport or non-accommodation service which makes up a significant part of the service bundle.
1.1.1. The holiday service bundle is considered to be predetermined if it has been compiled at the initiative of the tour operator or offered as a bundle by the tour operator at the request of the traveller, agreed to between the parties at the time of signing the package holiday agreement.
1.1.2. A holiday service bundle lasting less than 24 hours but which includes accommodation is also considered a package holiday.
1.1.3. The following is not considered a package holiday:
1) accommodation and catering services offered during the transport of passengers on board a passenger transport vehicle;
2) a holiday package comprised of individual holiday services offered by the tour operator, which the tour operator sells together or individually, including when these have been created using electronic sales systems or other means provided by the tour operator.
1.2. Upon entering into a Package Holiday Agreement (hereinafter Agreement), the tour operator is obligated to offer the other party a bundle of holiday services, i.e. a package holiday for one or more travellers, and the other party is obligated to pay the holiday fee.
1.3. These package holiday terms and conditions apply to package holidays sold or offered in Estonia and provided by a tour operator which place of activity is in Estonia.
1.4. If the package holiday agreement of the tour operator is subject to standard terms and conditions, these must be made available to the traveller before entering into the package holiday agreement.
1.5. The tour operator has the right to impose additional and special conditions which must comply with the legislation of the Republic of Estonia.
1.6. In case one person buys a package holiday for another person, the person who made the purchase must make the recipient of the package holiday aware of these general terms and conditions and any other terms and conditions set by the tour operator.
2. Entering into a package holiday agreement
2.1. The tour description, standard terms and conditions and holiday confirmation provided by the tour operator must include the following:
a) an itinerary detailing the destination and route;
b) the holiday fee, payment method, and payment terms;
c) dates, times and locations of the starting and end points and stops;
d) the type, characteristics and class of vehicles to be used;
e) the location, type, class and main features of the accommodation as well as its compliance with the classification in the destination country;
g) the services, visits, tours and catering included in the holiday fee;
h) mandatory additional costs, such as visa and insurance;
i) requirements to the traveller regarding passport, visa, insurance and healthcare;
j) the possibility and terms of increases in prices;
k) the right of the tour operator to withdraw from the Agreement if not enough bookings have been made, whenever the tour operator has reserved the right to do so. Additionally, the terms and conditions of withdrawing from the Agreement and any related rights and obligations;
l) the name, address and contact information of the tour operator and a local tour representative.
2.2. The details included in the holiday description are binding to the tour operator, except when the parties of the Agreement agree otherwise or when the holiday description includes the possibility of changing the details of the holiday and the traveller has been made of aware of this.
2.3. When entering into the Agreement, the traveller must inform the tour operator of any substantial interests or special requests on the traveller's part that are relevant to the fulfilling of the Agreement. The tour operator shall include these substantial circumstances agreed to between the parties in the holiday confirmation. The tour operator is not responsible for any damages incurred due to circumstances the traveller should have informed the tour operator of but did not.
2.4. The Agreement between the tour operator and the traveller is considered to be signed when the traveller has paid the holiday fee or a deposit required by the tour operator in the specified sum and by the specified date. The tour operator shall issue tickets and other documents needed for the package holiday to the traveller after the holiday fee has been paid in full.
2.5. By paying the package holiday fee or the deposit, the traveller agrees among other things with the holiday description, package holiday general terms and conditions and other Agreement terms and conditions provided to the traveller by the tour operator.
2.6. If the traveller does not pay the package holiday fee, installment or deposit by the specified due date, the tour operator shall consider the traveller to have withdrawn from the booking and has the right to cancel the holiday.
3. Traveller rights
3.1. The traveller has the right to receive holiday services corresponding to the Agreement, accurate and non-misleading information about the holiday description, standard terms and conditions and holiday confirmation from the tour operator.
3.2. The traveller has the right to change the Agreement, including the destination, dates, accommodation etc., by notifying the tour operator no less than twenty eight (28) calendar days before the start of the holiday, provided that the tour operator is able to offer the changes to the traveller and the traveller pays the fee of the new holiday as well as fees related to changing the travel arrangements according to the tour operator price list.
3.3. The traveller can withdraw from the Agreement at any time. Should the traveller withdraw, the traveller must pay for any services already provided and a cancellation charge determined by the Agreement.
3.4. If the traveller withdraws from the Agreement due to a compelling impediment, the traveller is eligible for a refund of the holiday fee from which the cost of services provided, costs incurred by the tour operator and unavoidable costs related to withdrawal from the Agreement (including visa expenses, annulment costs etc.) have been subtracted. In case of a disagreement the tour operator is obligated to provide proof of the costs incurred. The following are considered compelling impediments: unexpected severe illness of the traveller or a close person of the traveller, a serious accident.
3.4.1. The traveller must inform the tour operator immediately, if he/she withdraws from the Agreement due to a compelling impediment. The traveller must provide a written explanation for the compelling impediment no less than seven (7) calendar days from the time the compelling impediment necessitating the withdrawal form the Agreement arose. The traveller will also provide the tour operator with a note from a doctor, the police or other authority. The note must be provided within thirty (30) days of the emergence of the compelling impediment causing the withdrawal.
3.5. The traveller has the right to transfer the rights and obligations set forth in the Agreement to a person who fulfils all the necessary terms and conditions to participate on the tour, unless the Agreement terms and conditions provided by the tour operator state otherwise. The tour operator must be notified of the transfer of the Agreement at least 48 hours prior to the start of the tour. The person transferring the Agreement and the person taking over the Agreement will be jointly responsible for any costs related to the transfer of the Agreement and the payment of the holiday fee.
3.6. If the tour operator violates the Agreement between it and the traveller, the traveller has the right to demand compensation from the tour operator for damages incurred and use any other remedies set forth in legislation.
4. The right of the traveller to withdraw from the Agreement before the start of the holiday due to changes by the tour operator or circumstances at the holiday destination
4.1. The traveller may withdraw from the Agreement and receive a refund on the holiday fee if:
a) the start or end date of the holiday changes significantly from what was agreed on and what is in the interests of the parties;
b) the tour provider makes a significant change in a significant holiday service. For example: a notable increase in the duration of the transport journey due to a different mode of transportation, a change of the holiday destination or a change that significantly worsens the level of accommodation. The significance of the change is evaluated with the entire holiday and the interests of the traveller in mind;
c) the traveller has reasonable grounds to believe that it will not be possible to arrange the holiday in the agreed manner or without endangering the health or life of the traveller due to military activity, a natural disaster, strike etc. occurring at or near the destination. The position of the Estonian authorities shall be taken into account when evaluating the reasons for withdrawal.
4.2. Based on clauses 4.1.a and 4.1.b of the Agreement, the traveller can request the tour operator to replace the package holiday with another package holiday of at least the same cost if the tour operator is able to provide it, or to replace the package holiday with a package holiday of lower cost and reimburse the remaining holiday fee.
4.3. The traveller must inform the tour operator of his/her withdrawal from the Agreement or request to replace the package holiday immediately after receiving a notice from the tour operator.
5. The right of the traveller to stop the holiday and cancel the Agreement
5.1. The traveller has the right to stop the holiday if:
a) the tour operator infringes significantly on its obligations or the tour is organised in some other way so inadequate that the traveller cannot reasonably wait for the holiday to continue, or;
b) conditions described in point 4.1. arise during the holiday.
5.2. If the traveller cancels the holiday based on point 5.1 of the package holiday general terms and conditions and the tour operator does not assist the traveller with return trip arrangements, the traveller may take independent measures. The measures taken by the traveller must be reasonable.
5.3. If the traveller stop the holiday and cancels the Agreement based on point 5.1 of the package holiday general terms and conditions, the traveller is entitled to a refund of the holiday fee and other additional expenses paid to the tour operator based on the package holiday agreement. The cost of services provided shall be subtracted from the refund.
6. The obligations and responsibility of the traveller
6.1. When receiving the documents necessary for the package holiday, the traveller must check that all necessary documents are there, as well as the name, date, holiday description and other relevant data. It is important to ensure the name of the traveller in the documents is the same as shown in the traveller’s travel document. The tour operator shall correct any errors caused by the operator when the documents are issued. Later corrections are permitted based on the price list.
6.2. If the tour operator issues e-tickets to the traveller, the operator will send the tickets to an e-mail address specified by the traveller. The traveller is responsible for possible damages due to mistakes made when providing the tour operator with the traveller’s data, including name, date of birth, e-mail address and phone number.
6.3. Since sending travel documents or tickets electronically may encounter technical obstacles or delays, the traveller must always ensure at least 48 hours prior to the start of the holiday that he/she has received the e-tickets. If the traveller has not received the e-tickets before the start of the holiday, the traveller must inform the tour operator about it.
6.4. If the tour operator has the traveller’s contact information, the tour operator will inform the traveller of changes in departure time no later than 24 hours before the start of the holiday via phone or e-mail. Since sending the message electronically may encounter technical obstacles or delays, the traveller must check the departure time of the package holiday 24 hours before the start of the holiday by visiting the tour operator’s website. At the destination, the traveller must confirm the relevant details with the tour operator 24 hours before the return trip.
6.5. The traveller must arrive on time at the starting point, and at meeting points and departure points specified by the tour operator. The traveller must, among other things, follow operational information at the airport, bus terminal or train station, arrive on time at the specified location and take into account any possible delays due to traffic, difficult weather conditions or lines at the passport or security checkpoints. If the traveller does not arrive at the specified location on time, the tour operator has the right to continue with the holiday without the traveller and, depending on the circumstances, to cancel all further services to the traveller.
6.6. If the traveller has not withdrawn from the Agreement and does not arrive at the agreed holiday starting point at the agreed time or if the traveller cannot take part in the holiday for the reason set forth in point 6.8. of the package holiday general terms and conditions, the traveller forfeits the right to a refund of the holiday fee.
6.7. If the traveller does not use the services provided in the holiday package or uses them in part, the traveller is not eligible for a discount.
6.8. The traveller is responsible for ensuring at his/her own cost that he/she has all necessary valid documentation needed to cross national borders and stay in the countries on the travel route (including, but not limited to, passport, visa, vaccination information, insurance etc.). The traveller is responsible for the validity of the travel documents and travel insurance.
6.9. During the holiday, the traveller must not inconvenience other travellers with his or her conduct. The traveller must follow instructions and requirements related to the organisation of the holiday given to him/her by authorities, the tour operator or the tour operator’s representative, as well as any rules effective at hotels and transport vehicles and public order and border crossing rules.
6.10. If the traveller continues to infringe on the Agreement despite notifications or if, considering all circumstances and interests of both parties, the Agreement cannot continue to be enforced, the tour operator has the right to refuse to allow the traveller on the holiday or continue the holiday without the traveller. In that case the traveller forfeits the right to the holiday fee and must bear all costs related to the return trip.
6.11. The traveller must allow and aid the tour operator to fulfil the Agreement.
6.12. Generally, the package holiday does not include travel insurance. Thus, the tour operator advises the traveller to sign a travel insurance agreement (including health, travel interruption and baggage insurance) at the same time as the package holiday agreement.
6.13. The traveller is responsible for compensating any damages caused to the tour operator or third parties (broken hotel fixtures, transport vehicle etc.). If the damage was caused by children or supervised individuals, the damages caused by these individuals will be compensated by the person responsible as per the Agreement or the parents or guardian.
7. The right of the tour operator to increase holiday fees
7.1. The tour operator can increase the holiday fee after entering into the Agreement on any of the following conditions:
a) changes in landing tax, entry and exit charges of ports and airports, taxes related to services or currency used in transactions pertaining to the holiday;
b) a rise in transport expenses, including higher fuel prices.
7.2. The tour operator calculates the new holiday fee by adding the price increase named in point 7.1. of the package holiday general terms and conditions to the holiday fee agreed to in the Agreement.
7.3. The tour operator notifies the traveller of increasing the holiday fee as soon as possible, but no later than twenty one (21) days before the start of the holiday. The tour operator shall specify the reason for the price increase, the calculations and the amount of the price increase in the notification.
7.4. If the holiday fee increases by more than ten percent (10%), the traveller has the right to withdraw from the Agreement and receive a refund on the holiday fee.
8. The right of the tour operator to make minor changes in the holiday description
8.1. If the tour operator is not able to adhere to the holiday description due to circumstances not under the tour operator’s control, the tour operator has the right to make changes to the accommodation, means of transport or schedule or make rearrangements which will not substantially change the quality and nature of the holiday, except in unavoidable circumstances. The traveller must be informed of the changes as soon as possible.
8.2. If there are too few bookings, the tour operator has the right to change the means of transport and alter the route and/or schedule, if these changes do not significantly change the nature of the holiday or put undue burden on the traveller. The travellers must be informed of the changes as soon as possible.
9. The right of the tour operator to withdraw from or cancel the Agreement
9.1. The tour operator has the right to withdraw from the Agreement, if not enough bookings are made to the holiday and a sufficient number of bookings has been established as a necessary condition for organising the tour. The traveller must be informed of the withdrawal at least fourteen (14) calendar days before the start of the holiday.
9.2. The tour operator has the right to cancel the Agreement if the tour operator’s ability to organise the holiday in the agreed way is significantly impeded by circumstances at or near the destination due to military activity, natural disaster, strikes or other circumstances, or if the tour operator is unable to organise the holiday without endangering the life and health of the traveller for some other unexpected reason. When evaluating the circumstances, the tour operator will take into account the position of the Estonian authorities on the matter. The tour operator informs the traveller of the cancellation of the Agreement as soon as possible.
9.3. If the circumstances mentioned in point 9.2. arise during the holiday, the tour operator has the right to stop the holiday or make other necessary changes in the holiday program. After the end of the holiday, the tour operator must return to the traveller fees for services that were not provided during the holiday. When cancelling the Agreement, the tour operator must take measures pursuant to the cancellation of the Agreement. First and foremost, the tour operator must provide the traveller with an equivalent return trip or a trip to another agreed upon destination.
10. Obligations and responsibility of the tour operator
10.1. The tour operator is obligated to provide the traveller with a holiday specified in the Agreement.
10.2. The tour operator is obligated to assist a traveller who, during the holiday, falls ill, is the victim of an accident or a crime or the subject of another event which endangers the life, health or property of the traveller. The assistance provided by the tour operator involves organising contact with medical institutions and local authorities as well as early return trip arrangements, if necessary. The traveller is obligated to compensate the tour operator for all expenses related to the fulfilment of obligations set forth in this point.
10.3. The tour operator is responsible for fulfilling the Agreement, irrespective of whether the contractual obligations must be fulfilled by the tour operator or someone else, such as the accommodation or transportation provider).
10.4. The tour operator is responsible to the extent of up to three times the holiday fee, except in cases where the tour operator is responsible for the death, bodily harm or damage to the health of the traveller.
10.5. The tour operator is not responsible for the weather conditions at the destination.
10.6. The tour operator is not responsible for damages caused by insurmountable difficulties or other unforeseen circumstances that the tour operator could not have avoided even with careful action. Such circumstances include military activity, natural disasters, infectious diseases, strikes and other such events. The tour operator must inform the traveller of such events immediately and try to act in a way that minimises damages to the traveller.
11. Inadequate tour organisation, information and claims
11.1. The following is considered inadequate action on the part of the tour operator:
a) the services or other aspects of the holiday do not correspond to the Agreement;
b) the tour operator has infringed on the obligation to inform the traveller on the terms and conditions, holiday description, health requirements, transport, schedules or other information as set forth by these general terms and conditions and legislation, and there is reason to believe this may have affected the traveller’s decision, or;
c) the tour operator has flouted the obligation to assist the traveller.
11.2. The following is not considered inadequate action on the part of the tour operator:
a) changes or shortcomings of little importance or short duration compared to the holiday as a whole, which the traveller could have anticipated considering the nature and schedule of the holiday;
b) changing the hotel if the hotel has been overbooked and the tour operator replaces the initial hotel with an equivalent hotel.
11.3. The tour operator and local service provider must be informed of any shortcomings immediately, preferably in writing. The traveller cannot use a shortcoming as an argument if he/she did not inform the tour operator of it immediately after the shortcoming became apparent or should have become apparent. The tour operator must eliminate any shortcomings without delay at the tour operator’s expense. The tour operator may refuse to eliminate a shortcoming during a holiday if it would be too complicated or cause significant damage to the tour operator.
11.4. If the issue or problem cannot be fixed during the holiday, the traveller has the right to submit a written claim against the tour operator. The traveller must submit the written claim no later than seven (7) calendar days from the end date of the package holiday, but no later than fourteen (14) days from the day the shortcoming became apparent. The claim must be submitted with receipt copies of justified expenses.
11.5. According to legislation of the Republic of Estonia, the traveller has the right to use means provided by the Law of Obligations Act (demand the obligor perform the obligation; withhold performance of an obligation which is due from the obligee, demand compensation for damage, withdraw from or cancel the contract, reduce the price, in the case of a delay in the performance of a monetary obligation, demand payment of a penalty for late payment).
11.6. The amount of compensation paid by the tour operator for damages incurred during air or sea travel will be subject to conditions set forth in international conventions and other legislation. Carriage by air is subject to rules related to international carriage by air as per the 1929 Warsaw Convention for the Unification of certain rules relating to international carriage by Air, the 1955 Hague Protocol to Amend the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air, the 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air and regulations (EC) No 2027/97, (EC) No 889/2002 and (EC) No 261/2004 of the European Parliament and of the Council.
12. Other provisions
12.1. These package holiday general terms and conditions are an integral part of the package holiday agreement between the tour operator and the traveller.
12.2. Disagreements between the traveller and tour operator will be resolved through negotiation when possible. Consumer disputes shall be resolved at the Consumer Disputes Committee at Pronksi 12, Tallinn. According to the Consumer Protection Act, the committee is competent to resolve disputes arising from the Agreement that the parties have not been able to resolve through negotiation. Legal disputes shall be resolved according to laws and legislation of the Republic of Estonia at a court of first instance, the Harju County Court.
These package holiday general terms and conditions have been discussed with the Consumer Protection Board in 2010. In the same year, the Estonian Travel & Tourism Association harmonised these package holiday general terms and conditions, taking into account the guidelines and recommendations provided by the Consumer Protection Board.