ELAMUS PLUSS OÜ TRAVEL CONDITIONS

1. General provisions

1.1. In these travel conditions (hereinafter the Conditions), the Tour Operator is Elamus Pluss OÜ and Traveler participant in a trip organized by a Tour Operator.

1.2. An intermediary is a person who mediates a package tour prepared by the Tour Operator.

1.3. The Travel Service Agreement is an agreement concluded between the Tour Operator and the Traveler, under which the Tour Operator undertakes to provide travel services to the Traveler and the Traveler undertakes to pay a fee for this (hereinafter referred to as the Travel Service Cost). The Terms and Conditions are an integral part of the Travel Service Agreement.

1.4. The travel services referred to in these Terms and Conditions are only packages of at least two different types of travel services provided by the Tour Operator for the same trip, i.e. package tours. The Terms and Conditions do not regulate the provision of individual travel services provided by the Tour Operator.

1.5. The tour operator has the right to establish additional and special conditions to the Terms and Conditions, which may partially change and/or partially exclude the Terms and Conditions from application. Such situations may arise, in particular, in the case of package tours based on scheduled flights, as well as in the case of travel services offered once and/or advertised for a certain period of time, in particular last-minute offers, discounts or special offers made within the framework of sales promotion campaigns.

2. Conclusion of a travel service contract and consequences of its entry into force

2.1. Before concluding a Travel Service Agreement, the Traveler shall read the standard information sheet, pre-contractual information and the Terms and Conditions provided to the Traveler by the Tour Operator or Intermediary.

2.2. The Travel Service Agreement is deemed to be concluded from the moment the Traveler or his/her representative has paid the advance payment for the Travel Service. If, according to the Terms and Conditions, the Traveler must immediately pay the entire cost of the Travel Service, the Travel Service Agreement is deemed to be concluded from the moment the Traveler has paid it accordingly.

2.3. By paying the cost of the Travel Service (including the advance payment), the Traveler confirms that he/she has read the terms and conditions of the Travel Service Agreement and agrees to them.

2.4. As a result of the conclusion of the Travel Service Agreement, the Tour Operator becomes bound by the obligation to provide the Traveler with the travel services selected by the latter and to pay all outstanding Travel Service payments to the Traveler. Unless the Tour Operator and the Traveler agree otherwise in a form that can be reproduced in writing, the Tour Operator's obligation to provide travel services is limited to the travel description made known to the Traveler by the Tour Operator on its website, travel catalog or through a targeted offer.

3. Payment for travel services

3.1. If, when selecting (booking) a travel service, there are more than 30 calendar days left until the start of the trip, the Traveler shall pay the Tour Operator at least 3% of the cost of the Travel Service as an advance payment, as specified in the travel description, no later than 20 business days after the travel confirmation is issued. In such a case, the Traveler shall pay the remaining cost of the Travel Service no later than 30 calendar days before the start of the trip. When booking travel services at a time when there are 30 to 7 calendar days left until the start of the trip, the Traveler shall pay the full cost of the Travel Service no later than the business day after the travel confirmation is issued. When booking travel services at a time when there are less than 7 calendar days left until the start of the trip, the Traveler shall immediately pay the full cost of the Travel Service.

3.2. If, when selecting (booking) a travel service, there are more than 42 calendar days left until the start of a trip that includes a scheduled flight, the Passenger shall pay the Tour Operator an advance payment of at least 3% of the cost of the Travel Service, as specified in the travel description, no later than 20 business days after the issuance of the travel confirmation. In such a case, the Passenger shall pay the remaining cost of the Travel Service no later than 42 calendar days before the start of the trip. When booking travel services at a time when there are 42 to 7 calendar days left until the start of the trip, the Passenger shall pay the full cost of the Travel Service no later than the business day after the issuance of the travel confirmation. When booking travel services at a time when there are less than 7 calendar days left until the start of the trip, the Passenger shall immediately pay the full cost of the Travel Service.

3.3. If the Traveler fails to pay the agreed cost of the Travel Service (including the advance payment) by the prescribed time, the Travel Service Agreement has not been concluded and the Tour Operator has the right to cancel the reservation.

3.4. If the Traveler has paid an advance payment but has not paid the full cost of the Travel Service on time, the Tour Operator has the right to withdraw from the Travel Service Agreement. In such a case, the Tour Operator has the right to demand compensation from the Traveler in the amount specified in clause 5.4 of the Terms and Conditions.

4. Cost and cost increase of travel services

4.1. The cost of travel services includes the services specified in the Travel Service Agreement. If the Traveler fails to use any of the services included in the cost of the Travel Services, he/she shall not have the right to demand a reduction in the cost of the Travel Service. Unless otherwise agreed, the cost of travel services does not include visas, excursions, or travel insurance.

4.2. After concluding the Travel Service Agreement and provided that the Traveler is notified thereof at least 20 calendar days before the start of the trip, the Tour Operator has the right to increase the cost of the Travel Services if:

4.2.1. the taxes, fees and service charges of the Republic of Estonia or the country of destination of the trip change, provided that they affect the cost of the Travel Services and the cost of the Travel Service is increased by the increase in such taxes, fees and service charges;

4.2.2. variable transport costs due to changes in the price of fuel or other energy sources;

4.2.3. Changes in tax or fee rates imposed by third parties not directly related to the provision of travel services included in the travel service contract, including changes in tourism taxes, landing fees, port or airport entry and exit fees;

4.2.4. the exchange rates of the currencies applied by the Tour Operator to payment for travel services change.

4.3. When increasing the cost of the Travel Service, the basis is the cost of the Travel Service according to the Travel Service Agreement, to which is added the increase in the services and/or taxes specified in clause 4.2 of the Terms and Conditions and/or the change in the exchange rate in the part that has not been previously included in the cost of the Travel Services.

4.4. If the circumstances set out in clause 4.2 give rise to a reduction in the cost of the Travel Service, the Traveller has the right to reduce it to the extent that corresponds to the reduction in costs set out in clause 4.2 after the conclusion of the Travel Service Agreement but before the start of the package tour. The Tour Operator may deduct the actual administrative costs related to the reduction in the cost of the Travel Service and the payments from the amount to be paid.

4.5. The Passenger is obliged to immediately pay the Tour Operator the price of the Travel Service after the increase in the cost of the Travel Service after receiving the notification from the Tour Operator specified in clause 4.2 of the Terms and Conditions.

4.6. If the cost of the Travel Service is increased by more than 10% after the conclusion of the Travel Service Agreement, the Traveler has the right to withdraw from the Travel Service Agreement. The Traveler must notify the Tour Operator of the withdrawal from the Travel Service Agreement within 3 working days of receiving the notification of the increase in the cost of the Travel Service. A notification sent electronically is deemed to have been received on the day following the date of sending the notification.

4.7. If the Traveler withdraws from the Travel Service Agreement, he or she may accept a replacement package tour of the same or higher quality if offered by the Tour Operator.

4.8. If the replacement package tour referred to in clause 4.7 is of lower quality or cost, the Tour Operator will reduce the Travel Fee accordingly.

4.9. Upon withdrawal from the Travel Service Agreement for the reasons specified in clause 4.2 of the Terms and Conditions and upon refusal of a replacement package tour, the Tour Operator undertakes to refund the cost of the Travel Services to the Passenger in full no later than 14 days after the Passenger withdraws from the Travel Service Agreement.

5. Withdrawal from or change of travel service

5.1. The traveler may withdraw from the Travel Service Agreement at any time before the start of the trip, taking into account the compensation rates set out in clause 5.4.

5.2. In addition to the provisions of clause 4.6 of the Terms and Conditions, the Traveler has the right to withdraw from the Travel Service Agreement before the trip takes place without paying reasonable compensation to the Tour Operator if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the provision of the package travel service or the transportation of passengers to the destination. In such a case, the Tour Operator will refund all payments made by the Traveler, but the Traveler is not entitled to any additional compensation from the Tour Operator due to the canceled trip.

5.3. If the reason specified in clause 5.2 of the Terms and Conditions arises, the Passenger has the right, instead of withdrawing from the Travel Service Agreement, to demand the replacement of the travel services with travel services of at least the same cost. If this proves impossible, the Passenger has the right to demand the replacement of the travel services with travel services of a lower cost and the refund of the overpaid amount.

5.4. If the Passenger withdraws from the Travel Service Agreement in other cases not specified in the Terms and Conditions, the Passenger undertakes to pay the Tour Operator compensation in the following amount:

5.4.1. 50% of the cost of travel services if at the time of withdrawal there are more than 30 calendar days left until the start of the trip;

5.4.2. 75% of the cost of travel services if, at the time of withdrawal, there are between 30 and 15 calendar days left until the start of the trip;

5.4.3. 100% of the cost of travel services if, at the time of withdrawal, there are 15 or fewer calendar days left until the start of the trip;

5.4.4. 100% of the cost of travel services if the Travel Services Agreement has been concluded based on the offer specified in clause 1.5 of the Terms and Conditions and if the terms of the offer provide for the payment of compensation in the amount of the entire cost of the trip.

5.5. The Passenger shall also be deemed to have withdrawn from the Travel Service Agreement if the Passenger, without submitting a prior notice of withdrawal, fails to appear at the designated departure point at the scheduled time and/or the Passenger is unable to begin the trip due to missing or non-compliant travel documents. In such a case, the provisions of clause 5.4 of the Terms and Conditions shall apply.

5.6. When amending the travel service contract in cases not specified in the Terms and Conditions, the Traveler undertakes to compensate the Tour Operator for all costs related to the amendment, the scope and payment terms of which the Tour Operator will notify the Traveler no later than within 5 calendar days of receiving the relevant notification.

5.7. To compensate for losses arising from possible travel disruptions, the Tour Operator recommends taking out trip interruption insurance.

6. Passenger's obligations and responsibilities

6.1. The passenger is obliged to:

6.1.1. to familiarize yourself with these Terms and Conditions and the general and important information regarding the services offered, which can be found either in the travel information provided by the Tour Operator, in newsletters or on the Tour Operator's website www.elamuspluss.ee;

6.1.2. upon receipt of travel documents, immediately check their compliance with what he/she requested and, if any inaccuracies appear, immediately inform the Intermediary or Tour Operator;

6.1.3. during the trip, follow the internal rules of accommodation and means of transport and the prescriptions of the authorities of the country of destination;

6.1.4. not to disturb fellow passengers with their behavior. Otherwise, the Passenger may not be allowed to travel or be removed from the trip and will not be entitled to a refund of the cost of the Travel Services;

6.1.5. to carry out the relevant orders of the Tour Organizer, the Facilitator, instructors and/or the designated group leader;

6.1.6. familiarize yourself with the dangers and risks arising from the specific features of the trip. By concluding a travel contract, the Traveler confirms that he/she is aware of the attendant dangers and risks and agrees to them (including trauma, injuries, disability or death that may occur as a result of the trip);

6.1.7. ensure that the personal equipment required for participation in the trip meets the requirements for the activity.

6.2. The passenger is responsible for:

6.2.1. for damage caused by his/her intentional or negligent actions or omissions to the Tour Operator, fellow travelers or third parties or their property. In the event of material damage to the Tour Operator, including property provided for the use of the Tour Operator, the Tour Operator has the right to demand full compensation for the damage caused by the Traveler;

6.2.2. for obtaining, existence and validity of suitable travel insurance;

6.2.3. for the proper functioning of their travel documents. The passenger undertakes to check the compliance of their passport or other travel documents with the requirements.

6.3. If the Traveler is not issued a visa for the destination country or the countries transiting there, or is not allowed to enter the said countries, the Traveler shall bear all costs related to his/her return and the Traveler shall not have the right to demand a refund of the cost of unused Travel Services from the Tour Operator.

6.4. If a minor Traveler travels on a trip that includes accommodation without a guardian or other authorized person, the person who has concluded the Travel Service Agreement undertakes to inform the Tour Operator of the options for the Tour Operator to have direct contact with the minor traveling on the trip or the person responsible for the minor at the destination.

7. Transfer of the travel service contract

7.1. Until the start of the trip, the Traveler may transfer his rights and obligations arising from the Travel Service Agreement to another person who meets all the conditions necessary for participation in the trip. If the Traveler notifies the Tour Operator or the Intermediary on a durable medium of the transfer of the Travel Service Agreement at least 7 days before the start of the trip, it is deemed that the Tour Operator has given its consent to the transfer of the agreement. The transfer of the Travel Service Agreement less than 7 days before the start of the trip is permitted only with the prior express consent of the Tour Operator.

7.2. The tour operator has the right to demand reasonable compensation for the formalization of the transfer of the Travel Service Agreement. The compensation arises from the costs related to the organization of the transfer of the Travel Service Agreement (clause 7.3), as well as the termination of possible reservations and contracts with the actual service providers and the conclusion of new contracts and changes in data.

7.3. The passenger shall reimburse the Tour Operator for the costs (office costs) related to the preparation and organization of the trip in the amount of:

7.3.1. 60 euros per person if at the time of the change there are more than 30 calendar days left until the start of the trip;

7.3.2. 90 euros per person if, at the time of the change, there are between 30 and 7 calendar days left until the start of the trip;

7.3.3. 120 euros per person if at the time of change there are less than 7 calendar days left until the start of the trip.

7.4. The Tour Operator shall inform the Traveler of the actual costs related to the transfer of the Travel Service Contract and, if necessary, provide evidence of additional fees, charges or other costs arising from the transfer.

7.5. The person who has taken over the Travel Service Agreement and the transferor are jointly and severally liable for the payment of the unpaid cost of the Travel Service and any additional fees, charges and other expenses arising from the taking over of the Travel Service Agreement.

7.6. The Tour Operator shall amend the Travel Service Agreement only on the basis and in accordance with the procedure set out in this Chapter, and if the Tour Operator reasonably refuses to amend the Travel Service Agreement, the Passenger may withdraw from the Travel Service Agreement pursuant to clause 5.1. The Passenger shall not be obliged to compensate for the costs specified in clause 7.3 and/or the costs specified in this clause if the Passenger makes changes within the framework of the additional service “Flexible Travel” offered by the Tour Operator.

7.7. In the event of a change in the date of the Travel Service Agreement and/or the name of the Passenger, if the provision of travel services is based on scheduled flights, the Passenger shall reimburse the Tour Operator for the cost of the flight ticket(s) in full. The Passenger shall reimburse the Tour Operator for the cost of the flight ticket(s) or/and other costs incurred by the Tour Operator even if the Passenger withdraws from the Travel Service Agreement and the grounds for withdrawal are not the circumstances specified in clause 5.2. of the Terms and Conditions, and the compensation specified in clause 5.4. of the Terms and Conditions is less than the cost of the flight ticket(s) or/and other costs incurred by the Tour Operator.

8. Tour operator's liability

8.1. The tour operator is responsible to the traveler for the provision of travel services, regardless of whether the contractual obligations must be fulfilled by the tour operator himself or someone else.

8.2. The Tour Operator shall immediately provide appropriate assistance to a Passenger in difficulty, in particular:

8.2.1. provides relevant information about health services, local authorities and consular assistance;

8.2.2. assists the Passenger in communicating and finding alternative travel options.

8.3. The tour operator may demand compensation from the Passenger for reasonable expenses actually incurred for such assistance if the difficulty is caused by the Passenger's intent or gross negligence.

8.4. The tour operator, the intermediary or the designated group leader/instructor shall ensure the safety of the group to the extent reasonably possible and within the limits of his/her authority. Accordingly, he/she shall have the right to reasonably prohibit the passenger from participating in the planned activity if this may endanger the health or well-being of the passenger, fellow passengers or third parties. This may result, without limitation, from the passenger's apparent incompetence, impaired health, physical or mental incapacity, non-compliant personal equipment or failure to comply with relevant instructions.

8.5. The tour operator is not liable to the maximum extent permitted by law for:

8.5.1. for damage caused by force majeure (in particular natural disasters, political incidents, strikes, etc.);

8.5.2. For damage caused by the passenger's own actions or inaction;

8.5.3. For damage caused by the Passenger falling ill, becoming a victim of a crime or other accident that occurred to the Passenger. In such a case, the Tour Operator undertakes to provide the Passenger with all necessary assistance in the related matters in accordance with clause 8.2 of the Terms and Conditions;

8.5.4. For technical failures in the accommodation selected by the passenger and/or in the means of transport used during the trip, as well as for damages caused by the wrongful conduct of the accommodation staff or drivers of the means of transport;

8.5.5. in cases where the Tour Operator's liability is limited by international conventions.

8.6. The liability of the Tour Operator is limited to twice the cost of the Travel Service, except for causing the death of the Traveler, causing bodily injury to him or her, or harming his or her health.

8.7. Information provided by the Intermediary when selling travel services that is not reflected in the offer submitted by the Tour Operator is not binding on the Tour Operator.

9. The tour operator's right to make changes to the trip:

9.1. If the Tour Operator is unable to carry out the trip as set out in the travel description due to circumstances beyond its control, it has the right to change the terms and conditions of the Travel Service Agreement, including changing accommodation or means of transport, changing the schedule or making other minor changes to the trip, provided that the quality and nature of the trip do not change significantly. The Tour Operator shall inform the Travelers of the changes immediately;

10. The tour operator's right to cancel the trip

10.1. The tour operator has the right to cancel the trip if:

10.1.1. Less than 80% of the number of places advertised by the Tour Operator are filled and the Tour Operator informs the Traveler of the cancellation of the trip at least 30 days before the start of the trip;

10.1.2. the carrier that carries out the delivery and return of Passengers from the destination cancels its flights in such a way that they cannot be replaced;

10.1.3. The Tour Operator cannot perform the Travel Service Agreement due to unavoidable and extraordinary circumstances and shall notify the Traveler thereof immediately before the start of the provision of the Travel Service.

10.2. If the trip is cancelled due to the circumstances set out in clause 10.1 of the Terms and Conditions, the Traveller has the right to demand a refund of the cost of the Travel Service. The Tour Operator may offer the Traveller to replace the travel service with a travel service of at least the same cost. If this proves impossible, the Traveller has the right to demand the replacement of the travel service with a travel service of a lower cost and a refund of the overpaid amount or to withdraw from the Travel Service Agreement.

11. Defects in travel arrangements and reporting them

11.1. A deficiency in the travel arrangement is considered to be the non-compliance of the travel service with the provided travel description.

11.2. The following shall not be considered a defect in travel arrangements:

11.2.1. minor changes or emerging circumstances from the perspective of the trip as a whole, the occurrence of which can be expected considering the destination of the trip, including cultural specificities and character;

11.2.2. a change in the flight time to and/or from the destination, if this results in a change in the total duration of the trip by more than 8 hours compared to the originally agreed upon and the Tour Operator has notified the Passenger of such changes at least 14 days in advance;

11.2.3. changing the accommodation or room in the accommodation facility immediately before departure or during the trip, if the reason is overbooking of the accommodation facility, which is not due to the Tour Operator, and provided that the Tour Operator replaces the accommodation facility selected by the Traveler with an equivalent accommodation facility or room;

11.2.4. The accommodation selected by the Traveler and the services offered therein do not meet the Traveler's expectations. Additional costs related to changing the accommodation for this reason shall be borne by the Traveler;

11.2.5. construction work that has begun at the accommodation or in its immediate vicinity immediately before departure or during the trip;

11.2.6. deficiencies in the provision of services, the existence or possible occurrence of which the Passenger has been informed of before concluding the Travel Service Agreement.

11.3. The Traveler is obliged to immediately and in writing notify the Tour Operator (in particular the Tour Operator's representatives at the destination) or the Intermediary of any deficiencies or complaints regarding the travel arrangements. Failure to notify the Traveler of deficiencies will not allow them to be relied upon later when submitting potential claims for damages.

11.4. If the claim is satisfied and the damage caused is compensated at the destination, the Passenger does not have the right to demand a second compensation or a reduction in the cost of the defective service in the Republic of Estonia. The damage will be compensated or the cost of the defective service will be reduced proportionally, taking into account the significance of the defect and the cost of the defective service.

11.5. If it is impossible to resolve the complaint at the destination, the Traveler has the right to submit a complaint to the Tour Operator in a form that can be reproduced in writing no later than 10 days after the Traveler's return. Any demands and statements must also be submitted within the specified period, and the documents on which the claim is based must be attached to the complaint.

11.6. The Tour Operator is not responsible for the transportation and preservation of the Passenger's luggage. Therefore, to avoid possible losses, it is recommended to conclude a luggage insurance contract with an insurer.

12. Resolving disagreements

12.1. Disputes arising from the interpretation of the travel conditions will be resolved primarily through negotiations between the Tour Operator and the Traveler. If the dispute or disagreement cannot be resolved through negotiations, the consumer has the right to contact the Consumer Protection and Technical Surveillance Authority at the address Sõle 23A, 10614 Tallinn; e-mail info@ttja.ee.

12.2. In the case of cross-border disputes, the consumer may use the online dispute resolution platform at http://ec.europa.eu/odr.

12.3. Disputes that cannot be resolved out of court will be resolved in the court of the consumer's place of residence.

13. Personal data

13.1. The Tour Operator processes the Passenger's personal data for the performance of the Travel Service Agreement in accordance with the relevant data protection laws and Elamus Pluss WHERE privacy policy with the defined.

13.2. By concluding a travel contract, the Passenger agrees Elamus Pluss WHERE privacy policy.

Kehtib alates 31.01.2020

Also check out the standard information sheet for package tours.