Terms and Conditions of Use
1. General Provisions
1.1. The online store and sales environment (hereinafter the website) of passenger carriage, accommodation, insurance, rental and other travel services (hereinafter travel services) has been made available at http://www.estravel.ee by AS Estravel (registry code 10325720, VAT no. EE100141652, address: Suur-Karja 15, Tallinn, Estonia).
1.4. Estravel provides travel services on behalf of the service providers. Estravel is not liable for damage that may arise in connection with using the website or related applications or damage suffered due to the unavailability and/or non-compliance of the travel service.
1.5. A person who is at least 18 years of age and has active legal capacity can make transactions in the website. The person whose bank account or credit card has been used for making a payment is liable for any bookings made and orders placed by a non-compliant person.
1.6. By entering data in the website, a person consents to the sending of their own personal data and other data required for the provision of the service as well as that of other persons whom they provide with travel services to service providers and third parties, provided that it is related to the conclusion and/or performance of the customer’s contract.
1.7. A service provider and/or Estravel has the right not to execute a customer’s order if the customer fails to adhere to the terms of the website or the instructions or orders given by Estravel or the service provider (e.g. the customer has not paid for the order).
2. Availability of website
2.1. The website allows for comparing service providers’ travel services, i.e. the availability of vacant seats, connections, departure times, prices, additional services, making bookings, paying for them and receiving an order confirmation confirming the purchase in return twenty-four hours a day.
2.2. Service providers provide travel services and information via the website pursuant to the “as is” and “as possible” principle. The user can access the website and use it at their own full liability.
2.3. The website constitutes the offering of an opportunity for purchasing travel services without any advice or assistance by Estravel, which is suitable for a user who possesses the respective knowledge and experience. Persons who do not have the respective experience should contact an Estravel travel consultant if they would like to buy travel services.
2.4. By making travel services available via the website, Estravel does not assume any liability for the provision of the travel services of the service providers or for the quality or compliance of their travel services with the pre-contractual information given and sales promises made by the service provider. Estravel will forward customers’ complaints to the service providers.
3. Using of website
3.2. The booking of a travel service using the website along with a payment for the booked travel service constitutes the customer’s offer to buy the chosen travel service from the service provider. The customer’s offer is preserved in the website electronically for fourteen (14) days and sent to the e-mail address given by the customer if the customer so requests. If the service provider accepts the customer’s offer, Estravel will send the acceptance to the customer’s e-mail address. As of the moment of receipt of the service provider’s acceptance of the customer’s offer, the contract will be deemed as concluded between the customer and the service provider regarding the respective travel service.
3.3. If the service provider does not consent to the customer’s offer, the contract will not be concluded. Estravel will inform the customer thereof and refund the sum paid by the customer.
3.5. Order confirmations and other required information will be sent to the e-mail address inserted by the customer. If the customer has not received an order confirmation within three hours (in the event of urgent orders, within one hour) after paying for travel services, the customer must immediately inform Estravel thereof. The customer must also inform Estravel about other errors, controversies or disturbances that impede the use of the website.
3.6. Upon receipt of an order confirmation, the customer must immediately verify the customer’s first name and surname, itinerary, dates and other important details and their compliance with the travel service booking and inserted data. It is important to verify that the name indicated in the booking and in the order confirmation coincides with the name given in the customer’s travel document. Upon issuing documents, the website will eliminate technical issues caused by the website or the service provider. Later elimination, amendment or cancellation of defects is not possible or is possible for an additional fee.
3.7. Upon using the website, the customer must:
3.7.1. ensure the correctness of the entire information given by the customer upon using the website;
3.7.2. not provide illegal or otherwise prohibited information via the website;
3.7.3. not use the website for taking speculative or wrong steps or committing fraud;
3.7.4. not send via the website any files that contain viruses and other computer programs or files that disturb, harm or otherwise disrupt the use of the website and that, as a result of using the website, may be saved in the computers of other customers and/or disturb, harm or otherwise disrupt the functioning of computers;
3.7.5. not change, copy, send, sell, reproduce or in any other prohibited manner use the website or the contents thereof.
4. Information displayed in website
4.1. General travel information on passports, visas, vaccination requirements, etc. displayed in the website fulfils, above all, the general need for information and may, at any time, change regardless of the website. The customer agrees to personally verify the relevance of the information by contacting the service provider, the Ministry of Foreign Affairs, embassy, tourist information point or other agencies and by bearing the risk of understanding and following the established requirements. Citizens of the Republic of Estonia receive further information on the website of the Ministry of Foreign Affairs at http://www.vm.ee. Vaccination and health protection requirements and risk areas of infectious diseases can be accessed on the website http://www.tervisekaitse.ee. Citizens of other states may be subject to different requirements. To learn about these, the citizen of each state needs to contact their respective agencies.
4.2. Service providers assume that the customer or the person using a travel service (incl. children) have the required travel documents (passport, identity document, visa, vaccination certificate) to enter the country of destination as well as all other transit countries. One must take into account that permitting or not permitting a person to enter a country is within the exclusive competence of the particular country even if the person has all the required travel documents.
4.3. The website will make every effort to keep the information displayed in the website about the sales terms of the service providers (including, but not limited to, descriptions and dates) without errors or defects. The website ensures that the information is displayed in the manner communicated to the website by the service provider, but does not guarantee the correctness of the information. The website makes every effort to eliminate any errors or defects immediately after detecting them.
4.4. Since the occurrence of errors in the website cannot be fully precluded, the service providers and Estravel reserve the right to double-check all the bookings and purchases made. In the event of an error Estravel has the right to cancel the confirmed order and/or not issue an order confirmation. In such an event, Estravel will contact the customer in order to buy a new travel service or return the fee paid by the customer.
5. Sales terms of service provider
5.3. The customer must personally check and follow the terms established by the service provider. If the terms of the service provider are not followed, the order may be cancelled, the customer may have to bear additional unforeseeable expenses to continue the trip, etc.
5.4. If the sales terms of the service provider allow the customer to cancel the booked or purchased travel service, the customer must, in the event of exercising such right, inform the service provider in accordance with the requirements established by the latter. The service provider may also be informed via the website, unless it is in conflict with the requirements established by the respective service provider.
6. Travel insurance
6.1. We ask the customer to conclude a travel insurance contract for a travel service purchased by the customer. Travel insurance ensures the provision of assistance and an indemnity on the terms established by the insurer in the event of, for instance, a sudden interruption or cancellation of a trip, loss of luggage, the customer’s health disorders and/or an accident.
6.2. Estravel advises getting the travel disruption cover, which usually compensates for additional expenses relating to the cancellation or belatedness of a trip.
6.3.We recommend purchasing additional travel interruption insurance in order to alleviate risks that are beyond the control of the passenger, such as strikes, bankruptcy, accidents, illness, cancellation of the public event serving as the purpose of the trip, technical failures, complicated meteorological conditions and natural disasters. If required, such insurance should be purchased with additional cover that is also charged separately. The insurance should be purchased immediately after purchasing the flight ticket (generally within 48 hours).
7. Terms of payment and website service fees
7.1. If the customer books a travel service via the website, the customer must pay the total price of the travel service. By paying the fee, the customer warrants and represents that they have accessed all the terms and conditions and rules made available by Estravel and service providers and accept them.
7.2. The customer will pay the travel service price and other sums payable via the Internet bank or by credit card to Estravel. In the event of payment via the Internet bank, the payment will be deemed as made upon accrual of the sum to Estravel’s bank account. In the event of a card payment, the payment will be deemed as made as of the receipt of a payment confirmation by Estravel. Immediately after making a transfer or card payment, the customer must click on the button ‘Back to seller’ for the purpose of the immediate registration of the payment. If the customer fails to click on the button ‘Back to seller’ or if the Internet connection is lost, the accrual of the payment will be registered on the next banking day.
7.3. The website of the service providers will not be required to give the customer any confirmations, vouchers or other documents before the total price for the booked travel service has been received. At the same time the customer remains liable for payment of the price of the booked travel service also if the customer has received an order confirmation before payment of the total price of the travel service.
7.4. The steps for which a service fee needs to be paid, as well as the amount of the service fee, have been specified in the price list of the services of the website, which can be accessed via the following link: website service fees. The size of the service fee relating to a step and the manner of payment thereof will be displayed in a separate line in the website also before taking a respective step or booking. The cancellation of a booking, failure to purchase or partially or fully use a travel service of a service provider does not serve as a basis for refunding the service fee.
8. Filing of complaints
8.1. Please note that Estravel cannot process complaints concerning the quality of services rendered by service providers, e.g. service in airports, on-board service, luggage handling, service in a hotel, acts of a security company or representatives of state authorities. In such events we can merely make recommendations along with the contact details of the person whom to address with such feedback. The direct communication with a service provider in the interests of the customer is possible only by special agreement and in the event of payment of the consultation fee specified in the price list based on the actual time spent. In no event can we guarantee the attainment of a solution suitable for the customer or the receipt of a reply from the service provider for any specific deadline.
8.2. If the customer finds that a travel service does not meet the terms established by the service provider, the service provider must be informed thereof immediately and directly. If no solution is found, a written complaint on the case must be filed as soon as possible, but not later than within seven (7) days after the termination of provision of the travel service and not later than within fourteen (14) days after learning of the event. A written complaint must be filed against the service provider and sent either directly to the mail or e-mail address of the service provider or to Estravel’s mail or e-mail address. Evidence of the non-compliance of the travel service and documents of additional expenses and damage caused must be added to the complaint. A complaint not filed within the prescribed term is deemed as expired.
9. Confidentiality, processing and transfer of personal data
9.2. By taking the steps, the Customer grants Estravel AS the consent to collect and process their personal data (except for sensitive personal data) for the purpose of establishment of a customer relationship, offering flight tickets for sale, provision of sales and passenger carriage services as well as conclusion, performance, amendment and termination of contracts. The Customer agrees that personal data may be transferred to third parties, including the Service Provider, but only in the manner provided for in the Personal Data Protection Act. The Customer is aware of their right to obtain at any time information on the personal data collected about them as well as on the purpose of use thereof and information on whom the personal data has been transferred, demand that incorrect data be corrected, that the processing of data be terminated and that the data be deleted, if the demand is in accordance with legislation.
9.3. Upon booking and buying a flight ticket, the air carrier sends the Customer’s booking information, in accordance with the State Borders Act, to the Police and Border Guard Board for processing for the purpose of performance of duties aimed at processing, detecting and preventing terrorist crimes and other serious crimes. Booking information will be preserved for a period of five years, personified data will be preserved for two years as of the receipt of the data.
9.4. Booking information means information on the air passenger and travel, which the air carrier collects from the Customer to make a booking. Booking information includes, above all, information on the booking and the related steps, personal data of the passenger and persons travelling with the passenger, the overall flight data, the contact details of the passenger and data concerning payment for the booking.
9.5. Persons have all the statutory rights in connection with transfer of booking information.
10. Use of website and contents thereof for a purpose other than intended purpose
10.1. The use of the website for a purpose other than the intended purpose and the copying, reproduction, alteration and disclosure of the data obtained (incl. the contents of the page) for any other purpose without the written consent of Estravel is prohibited.
10.2. Any act that may result in overburdening the website or disturbances in its operation are prohibited and deemed an unlawful attack to be communicated to law enforcement authorities. In the event of such violations, Estravel will unilaterally terminate the provision of the customer with any service.
11. Final provisions
11.2. The legal relationship between the customer and the website is subject to the legislation of the Republic of Estonia and judicial disputes will be resolved in the Harju Court of First Instance. 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 Endla 10A, 10130 Tallinn. Additional information about solving consumer disputes is available at https://komisjon.ee/et
11.3. According to the Regulations (EU) No 524/2013 of the European Parliament and of the Council all cross-border online transaction disputes should be resolved online at http://ec.europa.eu/consumers/odr/.
11.4. The legal relationship between the customer and the service provider is subject to the legislation of the state designated by the service provider and, in the event of provision of an international travel service, also the provisions of international law.
Estravel’s contact persons in matters relating to use of the website:
Estravel AS, Suur-Karja 15, Tallinn 10140, firstname.lastname@example.org, phone +372 6266 309
Contact details of airline companies can be found here: http://www.iata.org/about/members/Pages/airline-list.aspx