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General Terms and Conditions for the Online Sale of Travel Contracts (as of 01.07.2021)
 
1. General provisions
  1. These General Terms and Conditions for the Online Sale of Travel Contracts form part of the travel contract between the traveller or group of travellers (hereinafter referred to as the Client) and the Tour Operator (hereinafter referred to as the Travel Contract) and set out the conditions for the conclusion, performance and termination of the Travel Contract. These General Terms and Conditions shall be binding on the parties to the travel contract (hereinafter referred to as the contract) for the following purposes

  1. In addition to the General Terms and Conditions, the terms and conditions of the Travel Contract shall be derived from the Trip Confirmation, the Trip Description and the important information provided by the Tour Operator to the Customer (Annex 1 to the Travel Contract). The Tour Operator has the right to impose additional and special conditions to the General Conditions, which may not be in conflict with the General Conditions and the legislation of the Republic of Estonia

  1. The use of special conditions is justified due to the specific nature of the trip, provisions relating to the modes of transport (for example, booking 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. In the case of one person (the representative of a group of persons) purchasing a trip for another person, the person purchasing the trip must also communicate the General Conditions, the information leaflet and the other contractual conditions without delay to the other person for whom he or she is booking and/or purchasing the package travel

  1. The travel contract between the Customer and the Tour Operator shall be deemed to have been concluded and shall become binding on both parties (including these General Terms and Conditions) at the time specified in clause 12.1 above

2. Subject matter of the travel contract
  1. The Tour Operator shall provide travel services to the Client or to a Passenger nominated by the Client under the Travel Contract and the Client shall pay the Tour Operator a fee for such services
3. Travel Fee and services included therein
  1. The Customer shall pay to the Tour Operator a Travel Fee for the Travel Services as set out in Clause 4. The Travel Fee shall include a charge for the services set out in the Trip Description in the Trip Contract
  2. Prior to the conclusion of the contract, the Customer shall inform the Tour Operator of the essential interest of the traveller and of any special features relating to the wishes of the traveller which are relevant to the performance of the contract by the traveller. Such significant circumstances agreed between the parties shall be recorded by the tour operator in the contract or in the travel confirmation. Special requests shall not be considered as part of the itinerary, and failure to accommodate and comply with them shall not be considered as a breach of the Travel Contract by the Tour Operator. If the special request is for a service provided for a fee by the Tour Operator or by a person providing travel services on behalf of the Tour Operator, the Customer shall pay an additional fee for such service in accordance with the price list of the Tour Operator or the person providing travel services on behalf of the Tour Operator
  3. In many destinations, a tourist tax is charged to travellers for overnight stays, the amount of which depends on the level of accommodation and the length of stay. These taxes cannot be prepaid with the travel fee and are paid directly by the Client to the collecting agency
  4. The contract between the Tour Operator and the Client shall be deemed to have been concluded when the traveller has paid the travel fee or the first instalment thereof in the amount and by the due date stipulated by the Tour Operator. The tickets and other documents required for the use of the travel services shall be issued by the tour operator, after the final payment of the travel charge has been made, reasonably in advance of the start of the journey, in accordance with the rules laid down by the service providers
  5. Failure by the Client or a passenger nominated by the Client to use any of the services specified in the itinerary shall not entitle the Client to a reduction or refund of the travel charge. If the Client, of his own free will, also uses a service not listed in the itinerary, the risk of using such a service shall in no case be covered by the concluded Travel Contract
  6. Promotional fares and last minute offers announced by the Tour Operator after the conclusion of the Travel Contract with the Client shall not affect the amount of the Travel Fee payable by the Client and shall not entitle the Client to any reduction or refund of the Travel Fee
  7. The Tour Operator reserves the right to increase the Fare should the need arise
  • due to a change in the cost of carriage, including the cost of fuel
  • changes in landing charges, port or airport entry or exit charges, including changes in fuel costs, transport charges and other charges
  • service charges
  • changes in the exchange rate applicable to the trip
  1. In calculating the new amount of the Travel Fee, the Tour Operator shall take into account the increase in the costs incurred by the Tour Operator as a result of the change provided for in paragraph 3.7
  2. The Tour Operator shall notify the Customer of the increase in the Travel Fee at least 21 days before the start of the Trip
  3. If the Tour Operator increases the Travel Fee by more than 8%, the Customer shall have the right to withdraw from the Travel Contract. Instead of cancellation, the parties may agree to substitute the travel services. The Client must notify the Tour Operator of the cancellation within a reasonable period of time specified by the Tour Operator or within 7 days of receipt of the notification of the increase in the travel fee. Notification sent by electronic means shall be deemed to have been received on the day on which the notification was sent
  4. In the event of cancellation by the Client pursuant to Clause 3.10, the Tour Operator shall refund the amount of the Fare paid by the Client without delay, but not later than 14 days from the date of receipt of the notice of cancellation
  5. All changes shall be subject to the agreement of the parties. To request a change, the Customer shall send a request to sales@travelexpo.eu. In case of agreement by the Tour Operator, a change fee of EUR 50 per passenger will be added to the price of the package. If the Customer requests a change to the Travel Contract and the price of the changed service is higher than the original price of the trip at the time of the request for change, the Customer shall pay the difference to the Tour Operator together with the change fee. If, at the time of the request for amendment, the price of the amended service is lower than the price of the original trip, the travel fee shall be reduced accordingly. The change fee shall be deducted from the reduction of the travel fee.The changes will not take effect until the difference (if any) and the change fee have been credited to the Tour Operator's account. If the change can no longer be made at the time of receipt of the additional payment, the Tour Operator shall refund the change fee to the Customer within 7 working days. The Tour Operator does not guarantee the possibility of amending the Travel Agreement at the time of receipt of the premium
  6. The Customer shall have the right to modify the passenger details in the reservation or to transfer his contractual rights and obligations to a person who fulfils all the conditions for participation in the trip. If the traveller notifies the transfer to the tour operator on a durable medium at least 7 days before the start of the journey, the tour operator shall be deemed to have given its consent to the transfer of the contract. This point does not apply to air tickets where airline conditions apply
4. Payment for the trip
  1. By payment of the travel fee or the first instalment, the Customer confirms, inter alia, his acceptance of the pre-contractual information made available and published by the tour operator, the general conditions, the contractual conditions, including any supplementary and special conditions

  1. If the Client fails to pay the travel fee or any instalment of the travel fee by the agreed deadline, the travel booking shall be deemed to have been withdrawn by the Client as an expression of the Client's intention to enter into the contract and the Tour Operator shall be entitled to unilaterally cancel the travel booking or confirmation

  1. The Customer undertakes to pay the price of the journey in full in one instalment or in instalments if such an agreement has been made separately.

  1. The customer shall pay the price of the trip within 2 days of receipt of the invoice. If 21 or more calendar days remain until the date of travel and the Client wishes to pay for the trip in instalments, the Client shall pay the first instalment, the amount of which shall be determined according to the time remaining until the date of travel, within 24 hours of receipt of the invoice

  • if more than 30 calendar days remain until the end of the trip, at least an instalment of EUR 25 per passenger up to 12 years of age and EUR 50 for all other passengers (separately for each passenger);

  • if there are 30 calendar days to go, at least 40% of the cost of the trip has been paid

  • if there are 21 calendar days to go, at least 60% of the cost of the journey has been paid

  • if the journey is completed in 20 calendar days or less, 100% of the cost of the journey has been paid

  1. If the trip has been booked 7 calendar days or less before the trip, the Customer shall pay the full cost of the trip within 12 hours of receipt of the invoice.

  1. The invoice shall be deemed to have been received by the Customer if it has been given to the Customer in writing by the Tour Operator or an employee of the Agent, or if it has been sent in a form that can be reproduced in writing, or in the form of an electronic invoice to the Customer's e-mail address

5. Cancellation of the Travel Contract
  1. The Tour Operator shall have the right to cancel the Travel Agreement

  1. if the Client is in default of payment of the travel fee or any instalment

  1. if the Client or a passenger nominated by the Client commits a material breach of any other obligation under the Travel Contract or by law

  1. In the event of termination of the Travel Contract by the Tour Operator on the grounds set out in clause 5.1, any sums already paid to the Tour Operator shall not be refunded to the Client and no refund shall be made

  1. The Customer shall have the right to cancel his reservation or withdraw from the travel contract at any time. In this case, the Client undertakes to pay compensation to the Tour Operator

  • in the event of cancellation of the reservation or cancellation of the travel contract more than 30 days before the date of travel - office charges of EUR 25 per passenger under 12 years of age and EUR 50 per other passenger (separately for each passenger)

  • in the event of cancellation or withdrawal 30 days before the start of the trip - 40 % of the cost of the trip

  • in the event of cancellation or withdrawal 21 days before the start of the journey - 60 % of the cost of the journey

  • in the event of cancellation or withdrawal 20 days or less before the start of the trip - 100% of the cost of the trip

  1. If it has been reported that the price of the trip has been determined on the basis that a group or party of two or more travellers will be accommodated in the same room or apartment, and one of the members of the party cancels the trip, the tour operator is entitled to claim, in addition to the cancellation costs, compensation for the under-use of the accommodation resulting from the cancellation. The cancelling and participating travellers shall be jointly and severally liable for the payment of these costs to the tour operator. The tour operator and the travelling party may jointly agree on more appropriate accommodation for the travelling party in order to replace the abovementioned accommodation, in which case the travelling party shall be jointly and severally liable for any additional costs

  1. If the Client does not withdraw from the contract before the start of the journey but does not arrive at the agreed time at the starting point of the journey or if he/she is unable to participate in the journey because he/she does not have the necessary travel documents such as a valid passport, visa, identity card, driving licence, vaccination certificate, tickets, etc. for reasons beyond his/her control, the passenger loses his/her right to the travel allowance and is not entitled to compensation

  1. The reservation can be cancelled or the Travel Agreement cancelled by sending an e-mail to sales@travelexpo.eu. The cancellation notice must state the name of the Customer and the Travel Contract or invoice number

  1. The Customer is obliged to pay the compensation provided for in 5.3 within 5 working days of cancellation of the reservation or cancellation of the Travel Contract. The Tour Operator shall be entitled to set off the compensation provided for in 5.3 against the amounts paid by the Customer for the Trip

  1. In the event that tickets for scheduled flights have also been booked through the Tour Operator, in the event of a change to the reservation for scheduled flights and cancellation of the Travel Contract, the conditions of change and cancellation may be subject to the conditions set by the airline and are given in addition to the travel description. Once a Ticket has been issued to the Client, no change is possible and if the Client cancels the Travel Contract, the price of the Ticket will not be refunded to the Client

  1. The Tour Operator reserves the right to impose conditions of amendment, cancellation and termination different from those set out in this Clause 5 for promotional, holiday and promotional travel

6. Obligations and responsibilities of the customer
  1. The Customer shall enable and facilitate the proper performance of the contract by the Tour Operator

  1. The Client shall be obliged to familiarise himself with the Travel Contract and its annexes, as well as with any other promotional and general material provided by the Tour Operator for the Client's information

  1. The Customer is obliged, upon receipt of the travel documents, to check that they correspond to the booking and to notify the Tour Operator immediately of any discrepancies. Failure to comply with the obligation set out in the first sentence of this paragraph shall be deemed to constitute acceptance of the change

  1. The Customer shall ensure that the Customer and the Passenger nominated by the Customer have a valid travel document on the day of departure and that the document remains valid after the day of departure in accordance with the requirements of the country of destination. If required by the legislation of the country of destination, the Client shall also ensure that vaccination certificates, compulsory health insurance policies or similar documents are available. The Tour Operator shall not be liable to the Client for any loss or damage caused by delay, interruption or cancellation of the trip due to the traveller's failure to produce a valid travel document (including, for example, a damaged passport), a decision to refuse a visa or the absence of a visa, or similar circumstances

  1. Normally, package travel does not include travel insurance and the tour operator is not responsible for ensuring that the passenger has the necessary voluntary travel insurance for the trip. The Tour Operator recommends that the Client takes out a travel insurance contract with the purchase of the package, which should include at least health, travel damage and baggage insurance. The Tour Operator recommends that a travel insurance contract is taken out with the appropriate cover and conditions

  1. Destination security and other relevant information on the destination can be obtained from the Ministry of Foreign Affairs and from health authorities, including the following websites: http://reisitargalt.vm.ee/and http://www.terviseamet.ee/nakkushaigused /reisimine-ja-tervis.html. Prior to the conclusion of the contract, the Client must familiarise himself with the itinerary and the conditions prevailing in the destination and, if necessary, ask the tour operator for further information.In addition to the traveller, the safety of the client abroad is the primary responsibility of the authorities of the country visited. The Client must act in accordance with the instructions of the authorities

  1. It is the Customer's responsibility to check the time of departure 24 hours before the start of the journey by visiting the Website of the Tour Operator and the departures table on the website of the selected airport. At the destination, the Customer must check the relevant information 24 hours before the start of the return journey from the information material made available by the Tour Operator or from the local representative of the Tour Operator

  1. The Customer is obliged to arrive on time at the point of departure, the meeting points and the point of departure indicated by the guide. Including, but not limited to, following the operational information at the airport, bus or train station, arriving on time at the designated point and taking into account in advance possible delays due to congestion, bad weather conditions or queues at passport or security control

  1. The customer must not, by his behaviour (including drunkenness, aggressiveness, etc.), disturb fellow passengers, the representatives of the Tour Operator or the Supplier

  1. During the journey, the Client is obliged to comply with the instructions and rules of the Tour Operator concerning the journey, the internal rules of hotels and means of transport and the instructions of the transport crew or hotel staff, the laws of the country of destination and the instructions of the authorities

  1. In the event that another passenger or group of passengers nominated by the Client travels under the Travel Contract, the Client shall ensure that the obligations set out in the foregoing paragraphs are fulfilled by the relevant passenger or group of passengers

  1. The Client or a passenger nominated by the Client who fails to comply with the above obligations may be denied boarding or be removed from the trip and the Client shall not be entitled to a refund of the Fare or any compensation. In the event that the Client or a passenger nominated by the Client has caused damage to the Tour Operator by a breach of the obligations, the Client shall compensate the Tour Operator for such damage within 5 days of receipt of the claim from the Tour Operator

  1. Outside the borders of the European Union, the ID-card of a citizen of a Member State of the European Union shall not be valid as a means of identification. The Customer and the passengers nominated by the Customer are obliged to bring valid passports with them on the trip, which shall remain valid beyond the period stipulated by the legislation of the country of destination. Citizens of third countries residing in Estonia on the basis of a residence permit or right of residence must carry both a valid passport and an ID-card for the purpose of crossing the border, which shall remain valid for the period of validity of the travel beyond the period stipulated in the legislation of the country of destination, regardless of whether they wish to travel within the European Union or to a third country

  1. It is the responsibility of the customer to ensure that he or she and the passengers designated by him or her are not unwanted persons in the country of destination. If the Client or a passenger nominated by the Client is denied entry because he or she is not allowed to cross the border, the Client shall be liable to pay all the costs of his or her own or the corresponding passenger's return home. The travel expenses are non-refundable

  1. The Client shall be liable for compensation for any damage caused to the Tour Operator or to a third party during the trip - including damaged hotel inventory, carrier's means of transport, etc. In the event of damage caused by underage children or persons under guardianship, the damage caused shall be compensated for by the responsible person stipulated in the contract or by their parents or guardian

7. Right of the tour operator to make changes to the itinerary
  1. If, for reasons beyond his control, the Tour Operator is unable to carry out the itinerary as originally advertised, he shall be entitled to change the hotel or means of transport, to alter the itinerary or to make other changes to the itinerary, provided that the quality and nature of the travel service are not substantially affected

  1. The Tour Operator reserves the right to make changes to the tour programme if weather conditions, transport problems or other circumstances beyond the Tour Operator's control prevent the tour from taking place on a particular day. The Tour Operator also reserves the right to make changes to the programme of any particular excursion if, for unforeseeable reasons beyond the control of the Tour Operator, it is not possible or safe to carry out the excursion as planned.

8. Cancellation of the tour
  1. The tour operator has the right to cancel the trip if

  • the number of passengers is less than the number provided by the Tour Operator

  • if the number of passengers is less than or equal to the tour operator's estimate, the tour operator is unable to guarantee the safety, health or security of the passengers, due to events in or near the country of destination

  • or safety or security of the passengers or the safety of the passengers or the safety of the travelling public

  • other circumstances of force majeure which make the provision of the travel service substantially more difficult, dangerous or impossible

  1. The Tour Operator shall inform the Customer immediately of the cancellation of the trip

  1. In agreement with the Client, the Tour Operator shall replace the cancelled trip with another trip at the same price level. If the replacement trip is cheaper than the original trip, the Tour Operator shall refund the difference in price to the Customer

  1. If the Customer does not wish to substitute the trip, the Tour Operator shall refund to the Customer the full amount of the travel fee paid by the Customer for the cancelled trip. In the event of cancellation in the cases provided for in 8.1, the Tour Operator shall refund to the Customer the amount of the travel fee paid by the Customer for the cancelled trip, less agency charges of EUR 50 per passenger. The Customer shall not be entitled to any other compensation

9. Shortcomings in the provision of travel services
  1. Failure to provide the travel service shall be deemed to be a failure to provide the travel service in accordance with the itinerary or the written assurances given to the Client. Failure of the accommodation service to comply with the information on the hotel's website about the services offered, the facilities or the hotel's infrastructure shall not be considered as a failure to provide the travel service. Such information shall not become part of the Travel Contract and the Tour Operator does not guarantee its accuracy

  1. Changes to the travel services which are insignificant for the trip as a whole shall not be considered as a shortcoming in the provision of the travel service. Among other things, a deficiency in the provision of the travel service shall not be considered to be a deficiency

  • a change in the timetable of a flight, if the change is due to circumstances beyond the control of the Tour Operator

  • delays in travel, changes in class of travel, changes in itinerary or, in the case of scheduled flights, overbooking, for which the air carrier is directly responsible to the Client or to a passenger nominated by the Client

  • a change of hotel immediately prior to departure or during the period of travel, where this is due to overbooking of the hotel or to seasonal differences. The Tour Operator undertakes to replace the hotel chosen by the Client with a hotel of an equivalent or higher standard

  • the modification of any information contained in the itinerary for which the parties have agreed otherwise or for which the itinerary provides for the possibility of modification and the Client has been expressly informed of the modification prior to the conclusion of the travel contract

10. Notification and rectification of defects
  1. The Customer or a passenger nominated by the Customer shall notify the immediate service provider and the Tour Operator immediately in a form which can be reproduced in writing of any deficiency in the provision of the travel service. In the event of a deficiency at the destination of the journey, the Client or the passenger nominated by the Client shall immediately notify the immediate service provider and the local representative of the Tour operator of the deficiency in accordance with the procedure set out in the previous sentence

  1. When entering into the contract and using the services, the Customer must be prepared for changes in the timetables of the transport service.

  1. The Tour Operator shall remedy any deficiency in the provision of the Travel Service notified by the Customer or the Customer's nominated passenger to the Tour Operator in accordance with the procedure set out in Clause 10.1 within a reasonable time

  1. If the Tour Operator fails to remedy the deficiency within a reasonable time or gives notice of non-elimination of the deficiency, except where remedy of the deficiency would be impossible or disproportionately burdensome, the Passenger shall have the right to remedy the deficiency himself. The passenger is entitled to compensation for the reasonable and reasonable costs incurred in remedying the deficiency

  1. Expenses incurred by the Client or a Passenger nominated by the Client in connection with a deficiency in the Travel Service shall be reimbursed by the Tour Operator only on the basis of the relevant cost documents

  1. The Tour Operator shall not be liable for defects in the provision of the Travel Service which have not been notified to the Tour Operator by the Customer or the Customer's nominee in accordance with Clauses 10.1 and 10.5

  1. If the deficiency is not resolved during the trip, the passenger shall have the right to lodge a written complaint against the tour operator. The written complaint must be submitted by the Passenger within a reasonable period of time, preferably not later than fourteen (14) calendar days after the occurrence becomes known. The complaint must be accompanied by copies of receipts for the justified expenses

11. Responsibility of the tour operator
  1. The Tour Operator shall be liable for any damage caused to the Client or to a passenger nominated by the Client as a result of its gross negligence or intentionally

  1. The Tour Operator shall not be liable for damage caused by force majeure (including, but not limited to, natural disasters, riots, wars, acts of terrorism, strikes, etc.). If the provision of the travel service is rendered impossible or rendered substantially difficult or dangerous by force majeure, either party may terminate the contract. In such a case, the tour operator loses the right to the payment of the travel remuneration, but is entitled to reasonable compensation for the services already provided or still to be provided. In the event of force majeure occurring prior to the start of the journey, the Client shall pay the Tour Operator, as compensation, office expenses of the Tour Operator of EUR 50 per passenger, as provided for in clause 8.4. above. In the event of force majeure occurring after the start of the journey, the additional costs of the return journey shall be borne by the parties in equal shares. Other costs shall be borne by each party

  1. The Tour Operator shall not be liable if the trip does not correspond to the subjective perception of the destination country, culture, weather, etc. of the Client or of a traveller nominated by the Client

  1. If a breach of the Travel Agreement occurs in the course of the provision of a service by a third party and the liability of such a direct service provider is limited under international conventions (including conventions limiting the liability of airlines), the liability of the Tour Operator to the Client and the Client's nominated traveller for such breach is also limited

  1. The liability of the Tour Operator for damage caused to the Client or to the Passenger nominated by the Client shall be limited to three times the amount of the Fare. The limitation of liability set out in this paragraph shall not apply to the death of, personal injury to or damage to the health of a passenger

12. Validity and interpretation of the general conditions
  1. The General Conditions form an integral part of the contract concluded between the tour operator and the passenger

  1. These General Conditions shall become binding on the parties upon payment of the travel fee or the first instalment thereof and confirmation of the reservation by the Tour Operator.

  1. Disputes arising from the interpretation of the Travel Conditions shall be settled by negotiation between the Client and the Tour Operator. If no agreement can be reached, the dispute shall be settled in accordance with the procedure provided for by the legislation of the Republic of Estonia

Tour Operator iExpo OÜ (01.07.2021)

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