General Terms and Conditions of Travel Services of AS Estravel
1.1. The general terms and conditions of travel services apply to travel services which are made accessible by AS Estravel, registry code 10325720, address Suur-Karja 15, Tallinn (hereinafter Estravel).
1.2. In addition to these terms and conditions, the relationships between Estravel and the Client are also governed by the special terms and conditions of travel services, the special terms and conditions of the client contract and the price list of service charges.
1.3. The general terms and conditions of travel services apply unless otherwise provided by the special terms and conditions of travel services. The general terms and conditions and special terms and conditions of travel services apply unless otherwise provided by the client contract.
2.1. The following terms and abbreviations have the following meaning:
2.1.1. Estravel – sales agent who acts as an intermediary and makes the Travel Services provided by the Service Providers accessible.
2.1.2. Client – legal entity or natural person who places or has placed an order with Estravel.
2.1.3. Consumer – a natural person who has placed or places an order with Estravel that is not related to the conducting of independent economic or professional activities.
2.1.4. Service Provider – natural person or legal entity who provides Travel Services and with whom the Client enters into a contract for the provision of Travel Services.
2.1.5. Travel Service – package tours and single travel services that Estravel has made accessible.
2.1.6. Order Confirmation – written document which confirms that a contract was entered into between the Client and a Service Provider. An Order/Pre-sale Invoice, booking summary, etc. is not an Order Confirmation.
2.1.7. Travel Consultant – the representative of Estravel who serves the Client, distributes information about Travel Services and processes the purchase of Travel Services.
3. Sale of Travel Services
3.1. The Travel Consultant introduces the options of purchasing Travel Services, which depend on changes in demand and offers on the market of Travel Services, to the Client. Availability of the places of Travel Services may change rapidly, which is why Estravel asks the Client to bear in mind that confirming the order and paying the pre-sale invoice quickly makes it more likely that the Client will receive places on the terms and conditions valid at the time the purchase options were introduced.
3.2. Estravel asks the Client to read the contract terms and conditions of Service Providers before placing an order, and to inform Estravel of any special needs related to the Client’s travel requests or of any other circumstances that are important in the provision of Travel Services. Only then can the Service Provider and Estravel take account of the Client’s requests.
3.3. The order placed by the Client with payment of the pre-sale invoice becomes a binding Travel Service sale contract after the Service Provider or Estravel issue an Order Confirmation.
3.4. The contract is not entered into if the Service Provider does not approve the Client’s order (all places are sold out by the requested date or prices have changed). Estravel informs the Client of this and according to the Client’s instructions either refunds the charge paid by the Client or uses it for the execution of the Order as amended by the Client.
3.5. The options to amend or annul an Order Confirmation are limited. The Travel Consultant introduces the amendment and annulment conditions of a specific Travel Service before the order is confirmed. The Client sends their amendment or annulment request by e-mail. Amendment and annulment are usually subject to a charge, unless the Service Provider has decided otherwise.
3.6. If a Client would like to buy a Travel Service with flexible terms and conditions in order to guarantee that the Order Confirmation can be amended or annulled with a refund of the travel charge, they must inform Estravel of this when the order is placed.
3.7. The Client is obliged to submit only true data to Estravel and the Service Provider and be responsible for the correctness of data as well as for possible damages caused by mistakes made by the Client.
3.8. Estravel has the right to not execute the Client’s order and annul the Order Confirmation unilaterally without notice if the Client does not perform the payment obligation or adhere to the general terms and conditions.
3.9. Estravel makes Order Confirmations and other travel documents accessible to the Client by e-mail or in the Estravel Travel Agency. If requested by the Client, the documents are sent to the address given by the Client either by courier or post at the Client’s expense. Documents are sent at the responsibility of the Client.
3.10. The Client must check the names of the passengers, dates and other important data, and their compliance with the data entered and the booking made, immediately after receipt of the Order Confirmation. It is important to check that the Client’s data given in the Order Confirmation coincides with the data given in the Client’s travel document. Any technical errors caused by Estravel or the Service Provider of which Estravel has been immediately informed are eliminated. Elimination of errors later is either not possible or subject to an extra charge.
3.11. If there is an error on the Order Confirmation issued to the Client which was caused by the Client’s activity or inactivity, the amendment requested by the Client is done within the limits of amendment of the Travel Service or purchase of a new Travel Service. In such as case, the Client must pay all the extra charges related to amendment and/or the purchase of a new Travel Service.
3.12. The Client confirms their irrevocable request to purchase the selected Travel Service and gives their consent to these general terms and conditions, including but not limited to the sale terms and conditions of the Service Provider, by paying the travel charge.
3.12.1. The Client is aware and agrees that they enter into a contract with the Service Provider for the provision of the Travel Service.
3.12.2. The Client is also aware and agrees that Estravel and the Service Provider have the right to process the Client’s personal data pursuant to applicable legislation and terms. The Client gives Estravel its consent to send their data (including but not limited to their personal identification code or details of means of payment) to the Service Provider and or third parties related to the provision of the Travel Service to the Client by placing their order.
4. Scope and exercising of Consumer’s right of withdrawal
4.1. Withdrawal from contracts entered into for the provision of Travel Services will be restricted as Travel Services constitute the provision of pre-determined specific services by a certain date or during a certain period of time, or entry into the contract implies the reservation of certain resources whereas finding a new user therefor is complicated upon withdrawal.
4.2. Regardless of whether the Consumer purchases the Travel Services by means of communication (e-mail or telephone) or at an Estravel Travel Agency, the Consumer’s right to withdraw from the contract free of charge and without disclosing a reason within 14 days as provided in the Law of Obligations Act (hereinafter the Right of Withdrawal) does not generally apply to Travel Services contracts.
4.3. The Consumer will not be able to exercise the Right of Withdrawal if the Travel Services are provided by a certain date or during a certain period of time, or if entry into the contract implies the reservation of certain resources and the contract is entered into for the provision of the following services: passenger transport services; accommodation services; use of a vehicle; catering industry services; travel and luggage insurance; or recreational services.
4.4. If the Travel Services set out in clause 4.3 are not provided by a certain date or entry into the contract does not imply the reservation of certain resources (Gift Voucher), the Consumer will be entitled to withdraw from the respective contract entered into by means of communication without disclosing a reason within 14 days. Here it must be recognised that the Consumer will waive the Right of Withdrawal as of the moment they use a Gift Voucher, including the communication of a request to use a Gift Voucher and the receipt of the Order Confirmation of Travel Services that determines the provision of Travel Services by a certain date or during a certain period or the reservation of certain resources. Registration for the purpose of using Travel Services by referring to a Gift Voucher will be considered to be equivalent to the receipt of the Order Confirmation.
4.5. If the Consumer is able to exercise the Right of Withdrawal (e.g. if the Gift Voucher has been purchased by means of communication), the Consumer will be entitled to withdraw from the contract by sending the standard form for exercising the Right of Withdrawal to the Estravel e-mail address (firstname.lastname@example.org). The term for exercising the Right of Withdrawal will commence as of the date of entry into the contract.
5. Travel Documents, Visas and Health Requirements
5.1. The Client is responsible for the existence of all required travel documents. Estravel and the Service Provider presume that the Client, incl. a minor, has the travel documents (passport, ID card, visa, vaccination certificate etc.) required by the country of destination as well as all transit countries.
5.2. Estravel specifies travel document requirements at the request of the Client, but does not assume responsibility regarding the further validity of these requirements, as they may change without notice.
5.3. Visa and travel document requirements may be different for citizens of different countries. The Travel Consultant gives primary information about these. Detailed information is available from embassies, the Ministry of Foreign Affairs and the Citizenship and Migration Board.
5.4. The country of destination can decide at its sole discretion whether or not to allow a person to enter the country, even if the person has all of the travel documents required to enter the country.
5.5. Estonian citizens can obtain detailed information about travel documents and conditions on which they can enter foreign countries from the website of the Ministry of Foreign Affairs at http://www.vm.ee.
5.6. Passengers must prove that they have been vaccinated in order to enter certain countries. Information about regions where the risk of contagious diseases is high and vaccination recommendations is available on the website http://www.terviseamet.ee/nakkushaigused/reisimine-ja-tervis.html.
6. Liability and Applicable Law
6.1. Estravel is liable for the organisation and formalisation of the sale of Travel Services and forwarding the information prescribed by the Service Provider to the Client.
6.2. Estravel is not liable for the performance of the Service Provider’s obligations under the contract entered into between the Client and the Service Provider, including but not limited to the content and validity of the sale promises made by the Service Provider. Estravel is also not liable if the Service Provider withdraws from its sale promises or changes the price or terms and conditions of the Travel Service at any time. Estravel is also not liable if the Service Provider decides to suspend or terminate sales and/or the provision of Travel Services without notice.
6.3. The legislation of the Republic of Estonia applies to the legal relationships between the Client and Estravel; litigation is subject to review by Harju County Court.
6.4. The legislation of the country determined by the Service Provider applies to the legal relationships between the Client and the Service Provider, and provisions of international law apply to transnational provision of services.
6.5. Upon the application of the legislation of the Republic of Estonia, Clients and Customers will be entitled to refer to the legal remedies provided in the Law of Obligations Act (demand the performance of an obligation; withhold the performance of their obligation; demand compensation for damage; withdraw from or terminate the contract; demand the reduction of the price; or demand the payment of interest on arrears upon any delay in the performance of a financial obligation).
7.1. Estravel must be immediately informed of any questions or problems related to the Travel Services before the start of travel. If, at the time of travelling, the Client feels that the Travel Service does not comply with the contract, they must immediately inform the local Service Provider of this.
If no solution is found on the spot, a written complaint must be filed as soon as possible, but no later than within seven (7) days of the end of the trip or the provision of the purchased Travel Service, and no later than within two (2) weeks of becoming aware of the event. Complaints not submitted by the deadline are deemed to have expired.
Written complaints must be sent to Estravel’s head office at Suur-Karja 15, 10140 Tallinn, or e-mailed to email@example.com. Evidence of the breach of contract and documents that prove extra costs and possible damages must be enclosed with the message.
7.2. Any disputes will be resolved by way of negotiations. Failing agreement, disputes related to Consumers will be resolved by the Consumer Complaints Committee at the address Rahukohtu 2, 10130 Tallinn.
Estravel asks its clients to also read the following documents:
Terms and condition of sales of airline tickets (in Estonian)
Useful airline ticket links (in Estonian)
Sales terms and condition of hotels
Useful information about hotels (in Estonian)
Visa terms (in Estonian)
Travel terms and conditions of Novatours (in Estonian)
Travel terms and conditions of Aurinko (in Estonian)
Travel terms and conditions of TezTour (in Estonian)