February 5, 2020

TERMS AND CONDITIONS OF PACKAGE TOURS

OÜ SportTravel Terms and Conditions of Package Tours

The responsible tour operator of the trips offered by SportTravel is SportTravel OÜ, registry code 12669642, address Kanali tee 6, Tallinn 10112 (hereinafter referred to as the Tour Operator).

SportTravel OÜ is entered in the Register of Economic Activities as a tour operator, registration number TRE000848.

SportTravel offers full, 100% financial protection for all its tours with the guarantee of SEB Pank AS. The customer can be assured that in the event of the insolvency of SportTravel OÜ, s/he will be refunded all sums paid, for which the service has not been received.

Package tours offered by the Tour Operator (hereinafter referred to as the Trip) are governed by the Tourism and Law of Obligations Act and these terms and conditions of packages (hereinafter referred to as the Contract).

Tour Operator - SportTravel OÜ

Traveller - the buyer of a trip organised by the Tour Operator

1 . Travel contract and liability

1.1. A travel contract is a contract between the Traveller and the Tour Operator, which becomes binding when the first instalment invoice issued by the Tour Operator has been paid by the due date.

1.2. The Tour Operator has the right to terminate the contract if the Traveller has not paid for the Trip by the agreed time.

1.3. The Tour Operator is responsible for the organising of the Trip in the manner specified in the itinerary to the Traveller, regardless of whether the contractual obligations must be performed by the Tour Operator or by another travel service provider (e.g. a transport company and an accommodation establishment). The trip description is provided on the Travel Operator's website.

1.4. The Tour Operator is not responsible for the services that are not included in the package (including the services and products that the Traveller has purchased elsewhere).

2. Paying for a Trip

2.1. The Tour Operator has the right to charge a booking fee when registering for the Trip, which ensures a place on the Trip. If the Traveller decides to cancel the Trip, the booking fee is not refundable.

2.2. If the Trip is more than 31 days away, the Traveller is obliged to pay a prepayment, which is half the cost of the Trip, unless the parties have agreed otherwise. Payment of advance payment guarantees the Traveller a place on the Trip. (in cases where no booking fee is applied)

2.3. The Traveller shall pay the final amount no later than 1 month before the start of the Trip on the basis of the invoice submitted by the Tour Operator.

2.4. If the Trip is less than 31 days away, the total cost of the Trip must be paid.

3. The price of the Trip and price changes

3.1. The Tour Operator shall notify the Traveller of the increase of the Trip fee at least 31 days before the date of commencement of the Trip. The price of the Trip includes only the services described in the Tour Operator's offer (as a rule, this is stated on the website) or agreed between the Traveller and the Tour Operator.

3.2. The cost of visa and travel insurance is not included in the price of the Trip, unless otherwise agreed.

3.3. The discounts announced by the Tour Operator through various advertising and sales campaigns apply only to new bookings and do not have retroactive effect.

3.4. If the Traveller does not use some of the services included in the price of the package, he/she shall not have the right to demand a refund and/or compensation for the cost of the respective service.

3.5. The Tour Operator has the right to increase the price of the package tour if the following circumstances occur:

(1) in the event of an increase in taxes, fees and service charges of the Republic of Estonia or the country of destination, provided that these affect the price of the package;

(2) if transport or accommodation prices increase if they are outside the control of the Tour Operator and could not be foreseen when planning the Trip;

(3) changes in exchange rates, insofar as this affects the price of the Trip.

3.6. The Tour Operator shall notify the Traveller of the increase of the Trip fee at least 31 days before the date of commencement of the Trip.

3.7. The Tour Operator shall provide the Traveller with a price guarantee for unexpected price supplements. The price guarantee applies to possible future price changes if the full cost of the Trip has been paid and the Trip is at least 31 days away.

4. Changing or cancelling a Trip

4.1. The Traveller has the right to cancel or change the order without paying compensation to the Tour Operator, provided that:

(1) the price of the package has increased by at least 1.5 times and the Traveller has submitted to the Tour Operator a request to cancel the booking of the package within 48 hours after receiving the notice of the price increase of the package;

(2) the cancellation of the travel order takes place within 24 hours after booking it;

(3) a significant change in the travel service has occurred, provided that the Traveller has submitted to the Tour Operator a request to cancel the travel order immediately after receiving notice of the significant change.The Traveller shall submit to the Tour Operator a written request to cancel and/or change the Trip.

4.2. The Traveller shall submit to the Tour Operator a written request to cancel and/or change the Trip.

4.3. If the Traveller cancels the Trip for a reason specified in clause 4.1 (1), the Traveller may, instead of cancelling the Trip, demand that the package be replaced with at least a package of the same price as the Tour Operator can provide it to the Traveller, or that the package be replaced with a Trip of a lower price and the overpaid travel fee refunded.

4.4. If the order is changed in any other way or if special requests are implemented, the Traveller undertakes to reimburse the Tour Operator for all costs related to the change (incl. Tour Operator’s office expenses of 35 euros). The Tour Operator will inform the Traveller of the extent of the expenses and payment deadlines within 3 days from the date the Tour Operator receives the request to change the order from the Traveller.

4.5. If the Traveller wishes to cancel the Trip, at the moment when:

(1) more than 31 days are left before the Trip, the Traveller is obliged to reimburse the expenses incurred by the Tour Operator at that time per Traveller or at least 20% of the cost of the Trip;

(2) if the Trip is 30 to 15 days away, the Traveller is obliged to compensate the Tour Operator for 40 per cent of the Trip cost;

(3) if 14 to 11 days remain before the Trip, the Traveller is required to compensate 60% of the cost of the Trip to the Tour Operator;

(4) there are 10 or less days left until the Trip, the Traveller is obliged to reimburse the Tour Operator 100% of the Trip cost. If the price of a Trip for a family or group of friends travelling together is based on the fact that a certain number of Travellers live in the same room or travel together and one of the Travellers cancels their Trip, the Tour Operator has the right to claim and the Travellers have the obligation to compensate the Tour Operator the additional fee due to the change.

4.6. If the price of a Trip for a family or group of friends travelling together is based on the fact that a certain number of Travellers live in the same room or travel together and one of the Travellers cancels their Trip, the Tour Operator has the right to claim and the Travellers have the obligation to compensate the Tour Operator for the additional fee caused by the change.

4.7. In the case of a custom order trip (different program, hotel, additional orders, etc.), the Traveller shall reimburse the additional costs related to the preparation of this program upon cancellation of the Trip.

4.8. If the Traveller is not issued a visa or a transit visa is not issued to the country of destination of the ordered Trip and/or to the countries of transit to reach the destination, the provisions of clause 4.4.(4) of these travel conditions shall apply.

5. Traveller's Obligations and Liability

5.1. The Traveller is obliged to check the conformity of the Travel Documents with his/her order immediately upon receipt of the Travel Documents and, if there are any differences, to immediately inform the Tour Operator of any non-conformities.

5.2. Throughout the duration of the Trip, the Traveller is obliged to comply with the internal rules of hotels and means of transport, the rules of the event organizer for sports Trips and the regulations of local authorities.

5.3. Travellers must not disturb other passengers with their behaviour. A Traveller who grossly violates this rule may not be allowed to travel or may be removed from the Trip and will not be entitled to a refund of the cost of the Trip.

5.4. The Traveller shall be liable for damage caused by his/her intentional or negligent acts/omissions to the Tour Operator, fellow Travellers or third parties.

5.5. The Traveller has a deductible when purchasing travel insurance. If the Traveller falls ill during the Trip, has an accident, is the victim of a crime, etc., the Tour Operator shall assist him/her with the rapid organisation of treatment and (if necessary) in the organisation of an early return travel, whereby the Traveller undertakes to compensate in full the additional costs incurred by the Tour Operator within 14 calendar days from the date of return to the Republic of Estonia.

5.6. The Traveller is responsible for his or her state of health throughout the Trip, is aware of the health risks that may arise from the physical strain and has done everything possible to ensure that he or she is prepared for physical performance when travelling. If necessary, the Traveller has undergone a medical examination.

5.7. The Traveller is responsible for the correctness of his/her travel documents. It is the Traveller's responsibility to check the compliance of their passport or other documents with the requirements. If the Trip is cancelled due to expired or otherwise inappropriate documents, the Traveller is not entitled to a refund of the price paid for the Trip;

5.8. If the Traveller is unable to travel due to lost or otherwise destroyed travel documents, the cost of the Trip will not be refunded;

5. 9. Since the Trip does not include travel insurance, the Tour Operator recommends the Traveller to enter into the necessary travel insurance contracts. The Traveller is responsible for the voluntary insurances required for the Trip. It is advisable to use insurance to cover risks to life and health, property as well as travel disruptions for various reasons (including cancellation of the event). Read more about insurance HERE!

6. Obligations and Responsibilities of the Tour Operator

6.1. The Tour Operator is responsible for ensuring that the package ttip ordered by the Traveller corresponds to the descriptions, except for circumstances beyond the Tour Operator's control, including weather conditions that differ from the average for many years, political decisions and/or situations affecting the Trip in the country of destination on a temporary or permanent basis, independent decisions of hotels to carry out repairs during the duration of the Trip, etc.

6.2. The Tour Operator is not liable for damage caused by force majeure (Articles 103 (2) and 879 of the Law of Obligations Act), including, but not limited to, natural disasters, state wars, strikes, etc. The force majeure provisions also apply if the Trip is cancelled for reasons beyond the control of the Tour Operator. It also includes the cancellation of an event if the event is the purpose of the Trip. In this case, the Tour Operator recommends concluding additional insurance for travel disruption.

6.3. The Tour Operator must immediately notify the Traveller of a change to an essential travel service or cancellation of the Trip and the reason for it.

6.4. The Tour Operator is not liable for damage:

(1) caused by the Traveller's own acts and/or omissions or negligence;

(2) in the event of an unexpected technical failure in the hotel, means of transport, etc. indicated in the itinerary during the duration of the journey;

(3) if the Traveller loses his/her luggage (in such case the Carrier is responsible; the Traveller may take out a separate luggage insurance).

6.5. The Tour Operator is liable for damage caused to the Traveller's health and property if it arises from the activities (omissions) of the Tour Operator or its representative.

6.6. The Tour Operator shall not be liable for any unexpected technical failure of the hotel, means of transport, etc. indicated in the itinerary, as well as for any damage caused by the actions or omissions of the hotel staff or the driver of the means of transport. At the same time, the Tour Operator helps to solve the problem that has arisen.

6.7. The Tour Operator is not liable if the company mediated by the Tour Operator (travel agency of the destination, hotel, etc.) goes bankrupt, significantly increases the prices or otherwise proves to be inappropriate. However, the Tour Operator will do everything in its power to ensure that the problems caused by the above will pass as painlessly and with as little harm to the Traveller as possible. In this case, the Tour Operator has the right to exchange the hotel indicated in the itinerary for another hotel of the same level, as necessary.

6.8. The liability of the Tour Operator for damage not specified in subsection of Article 878 (2) of the Law of Obligations Act (i.e. damage caused to the Traveller by the activities of the Tour Operator, except for causing the death of the Traveller, causing bodily injury to the Traveller or damage to the health of the Traveller) is limited to three times the travel fee.

6.9. The Tour Operator is not responsible for the fact that the Traveller has been declared persona non grata in the country of destination. If the Traveller is prevented from disembarking because he/she is not allowed to cross the border, the Traveller must pay all expenses related to returning to his/her home. Travel money is not refundable.

7. The Tour Operator's right to make changes to the Trip

7.1. If, for reasons beyond the control of the Tour Operator, the Tour Operator is unable to carry out the Trip in the form set out in the itinerary, the Tour Operator has the right to change hotels or means of transport, change the timetable or make other changes to the Trip, provided that the quality and nature of the Trip does not change significantly. Travellers must be notified of any changes immediately.

7.2. If the number of Travellers who have booked a Trip is significantly lower than the number of Travellers required for the performance of the Trip in the form set out in the itinerary, the Tour Operator has the right, provided that the nature of the Trip does not change significantly, to change the means of transport, timetable and itinerary of the Trip.

8. The Tour Operator's right to cancel the Trip

8.1. The Tour Operator has the right to cancel the Trip if:

(1) the required number of Travellers have not joined the Trip, in which case the Tour Operator is obliged to immediately inform the Travellers of the cancellation of the Trip;

(2) a Carrier, being the air carrier which performs the carriage of Travellers to and from the country of destination, cancels flights unexpectedly and these cannot be replaced by other flights;

(3) the performance of the Trip is significantly impeded for reasons beyond the control of the Tour Operator or the safety of the Travellers is endangered (war, riots, natural disasters, etc.).

8.2. If the Trip is cancelled due to the circumstances set out in Clauses 8.1.(1)–(3), the Traveller has the right to receive a new substitute Trip at the same level and price from the Tour Operator of his/her own choice for the cancelled Trip. If the substitute Trip is cheaper than the original Trip, the Tour Operator shall refund the price difference. If the Traveller does not want a substitute Trip, the Tour Operator shall refund him/her all the money.

8.3. If the Tour Operator is forced to cancel the Trip due to reasons beyond the Traveller's control, the Traveller can only claim back the amount that remains after the Tour Operator's direct costs, including the costs of hotel, ferry ticket, flight ticket and visa processing, have been reimbursed. The Traveller is not entitled to any additional compensation.

9. Shortcomings in travel arrangements and notification thereof

9. 1. The following circumstances cannot be considered to be deficiencies in the travel arrangements:

(1) changes which are not significant from the point of view of the Trip as a whole and the occurrence of which can be expected, taking into account the destination and nature of the Trip;

(2) a change of flight or journey schedule (earlier/later departure or earlier/later arrival at destination, technical obstacles on the way), if the change is caused by circumstances beyond the control of the Tour Operator and does not exceed 8 hours, or if the change of schedule is caused by airspace congestion, the order of an air traffic control centre, the weather (absence of weather safe for flying, technical failure of the aircraft), bad road conditions or other corresponding reason, the permitted length of the change is doubled, i.e. up to 16 hours;

(3) the change of hotel immediately before departure or during the Trip if the reason is overbooking by the hotels. The Tour Operator undertakes to make every effort to replace the cancelled hotel with at least an equivalent hotel;

(4) an unexpected change of itinerary if the Carrier has made an overbooking, in which case the Carrier shall offer an alternative flight option and compensate for the inconvenience in accordance with its internal rules;

(5) the Traveller is prevented from boarding due to their fault (for example, the Traveller has lost the ticket, does not have valid travel documents or is very intoxicated from alcohol).

9.2. The Traveller is obliged to immediately inform the representatives of the Tour Operator at the destination of various deficiencies or complaints about the travel arrangements, otherwise the Traveller cannot claim compensation for damage based on these complaints later.

9.3. If the claim is satisfied and the damage caused is compensated at the destination, the Traveller shall not have the right to claim a second compensation in the Republic of Estonia, whereas only direct damage shall be compensated.

9.4. If it proves impossible to find a solution to the complaint at the destination, the complaint must be submitted to the Tour Operator as soon as possible, but not later than within 14 days after the end date of the Trip. Complaints must be made in writing. If the Traveller wishes to receive compensation for a missed and/or unsatisfactory service, the original receipts or other evidence of reasonable additional costs must be attached to the complaint. A representative of the Tour Operator may also prepare a written notice certifying the non-receipt of a service.

10. Privacy Policy and processing of personal data

The Tour Operator collects and processes the Travellers' data for the purposes of the Trips, acting in accordance with the legislation of the Republic of Estonia and the EU. The terms of the Privacy Policy can be found HERE.

11. Resolving disagreements

Any dispute arising from the interpretation of travel conditions shall be resolved primarily by negotiations between the Tour Operator and the Traveller. If no agreement is reached, the Traveller has the right to deal with the dissenting opinion at the Consumer Protection Board or to file an action for the protection of his/her rights with a court pursuant to the procedure prescribed by the legislation of the Republic of Estonia.