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Package travel conditions

Package travel conditions of AS Taastusravikeskus Viiking

since 01.07.2018

1. Travel contract and liability for performance thereof
1.1. Travel contract is a contract entered into between AS Taastusravikeskus Viiking, hereinafter the Tour Operator, and a person participating in or ordering the travel organised by the Tour Operator, hereinafter the Visitor. The Tour Operator shall be liable for the organisation of package travel according to the contract.
1.2. The Intermediary is a person mediating the package travel composed by the Tour Operator.
1.3. Based on the travel contract, the Tour Operator sells the package travel to the person participating in and/or ordering the travel, who undertakes to pay the agreed fee therefor.
1.4. The Tour Operator shall be liable for compliance of the travel with the description and written promises given to the client.
1.5. The Visitor is able to comply with the notification obligation according to the conditions of the contract by contacting the Tour Operator or the Intermediary.
1.6. The travel description made available by the Tour Operator on the website or in other materials must include the information provided for in clauses 867 (2) 1)-7) of the Law of Obligations Act.

2. Entry into travel contract and payment procedure for package travel
2.1. The package travel contract shall be deemed to be entered into and the package travel conditions of AS Taastusravikeskus Viiking to be accepted if the Tour Operator has introduced the package travel conditions to the Visitor.

3. Price of the package and alteration of the price
3.1. The price of the package is comprised of the travel services described on the website or in other materials introducing the travel, written offer made by the Tour Operator to the Visitor, or which have been agreed between the Tour Operator and the Visitor.
3.2. The Visitor shall not be entitled to demand compensation from the Tour Operator if the Visitor decides not to use any of the services contained in the package price.
3.3. After entry into the travel contract, the Tour Operator shall have the right to increase the price of the travel package and demand the payment of price difference from the Visitor if:
3.3.1. the taxes, fees or service fees of the Republic of Estonia or the travel destination country affecting the travel price should change;
3.3.2. the Visitor shall be notified in advance of the increase in travel price at least 21 days before the start of the travel.
3.4. Only one discount shall be applied at a time.

4. Change of package travel and withdrawal from travel contract without good reason
4.1. The Visitor shall be entitled to withdraw from the package travel contract on the following conditions:
4.1.1. by notifying of withdrawal from the package travel contract more than 3 days before the start of the travel, the cancellation is free of charge;
4.1.2. by notifying of a request to withdraw from the travel contract less than 24 hours before the start of the travel, 100% of the price of package travel shall be compensated for.

5. Premature termination of package travel contract upon good reason
5.1. Upon the occurrence of a good reason the Visitor shall have the right to demand premature termination of the package travel contract and refund of the price paid to the Tour Operator for the package travel.
5.2. A good reason is deemed to be:
5.2.1. Illness or involvement in an accident of the Visitor or a person close to the Visitor or death of a person close to the Visitor. A person close to the Visitor shall be deemed to be the spouse, partner, parents, children, parents of the spouse or partner, siblings, grandchildren, grandparents and also the travel companion;
5.2.2. another accident having occurred independently of the Visitor but connected with the Visitor which the Tour Operator accepts as a good reason (e.g fire, major proprietary damage etc).
5.3. The Visitor shall notify the Tour Operator immediately in writing of the occurrence of a good reason. Upon the Tour Operator’s request the Visitor shall submit a written explanation concerning a reason preventing participating in the travel within 7 days after notifying of a good reason. In addition to an explanation the Visitor shall submit to the Tour Operator a certificate from a doctor, police or other authority within 30 days after occurrence of a good reason. If the Visitor fails to submit a written certificate concerning the occurrence of a good reason, the provisions concerning withdrawal from a travel contract without good reason shall be applied (clause 4).

6. Obligations and liability of the Visitor
6.1. A Visitor undertakes to inspect the conditions of the present package travel contract as well as the important information concerning treatments, opening hours of the water centre and other services and other special conditions indicated on the Tour Operator’s website www.viiking.ee.
6.2. The Visitor shall be liable for damage caused to the Tour Operator, other visitors or other persons by negligence, gross negligence or intention.

7. Liability of the Tour Operator
7.1. The Tour Operator shall be liable for the organisation of package travel according to the package travel contract and for compliance of the provision of travel services according to the description.
7.2. The Tour Operator shall not be liable for:
7.2.1. damages caused as a result of force majeure (natural disasters, political incidents, strikes etc);
7.2.2. damages caused by the activity or inactivity of the Visitor;
7.2.3. damages which occur when the Visitor becomes ill or becomes a victim of a crime or which occur as a result of an accident with the Visitor;
7.3. The information submitted by the Intermediary upon sale of a package, which is not reflected on the Tour Operator’s website or the submitted offer, is not binding to the Tour Operator. The Intermediary shall be liable for information for which the Tour Operator is not liable for.
7.4. The Tour Operator shall provide comprehensive assistance to a Visitor who becomes ill during the travel, is involved in an accident or becomes a victim of a crime or in case of another event as a result of which the life, health or assets of the Visitor are in threat. The Visitor shall compensate all the Tour Operator’s expenses relating to the performance of the obligation provided for in this clause.

8. Tour Operator’s right to make amendments to the travel contract, termination of the travel contract by Tour Operator
8.1. If the Tour Operator is unable to organise the package in the form initially declared due to reasons independent on the Tour Operator, the latter has the right to accommodate the Visitor in another hotel or make other amendments to the package travel, provided that the nature and quality of the travel do not significantly change thereby. The Visitor shall be immediately notified of any changes in the package travel.
8.2. The Tour Operator has the right to terminate the travel contract if the Visitor has not paid for the travel by the agreed time.
8.3. The Tour Operator has the right to offer to its customers an upgraded travel organisation compared to the reservation. The Tour Operator shall not be obliged to offer the same benefits to all the Visitors.

9. Cancellation of travel contract due to force majeure
9.1. If the provision of travel services becomes impossible or significantly complicated or dangerous due to force majeure, the travel contract may be cancelled by both the Tour Operator as well as the Visitor. The Tour Operator shall notify the Visitor promptly of cancellation of the travel contract.
9.2. If at the time of cancellation of the travel contract services belonging into the package have not yet been provided, the Tour Operator shall refund to the Visitor the amounts paid for the package from which the administration costs in the amount of 60 euros per visitor have been deducted.

10. Lack of conformity in the travel organisation, notification of a lack of conformity and elimination thereof
10.1. A lack of conformity in the travel organisation shall be deemed to be if the travel does not comply with the conditions previously agreed in writing in terms of the services and other arrangements.
10.2. A lack of conformity by the Tour Operator shall not be deemed to be:
10.2.1. small changes considering the package travel as a whole, which taking into account the destination and nature of the travel, can be presumed;
10.2.2. change of the hotel immediately before or during the travel if caused by overbooking of the hotel. The Tour Operator shall replace the original hotel with a similar one;
10.2.3. construction and renovation works commenced in the hotel or the close surroundings thereof immediately before or during the package travel, concerts and events taking place near the hotel.
10.2.4. incomplete or incorrect information given to the Visitor by the Intermediary.
10.3. The Tour Operator shall eliminate the lack of conformity in the travel organisation within a reasonable time upon first opportunity. The Tour Operator may refuse to eliminate a lack of conformity during travel if it is accompanied with unreasonable expenses for the Tour Operator i.e the ratio between the lack of conformity and the costs of elimination thereof is disproportionate.
10.4. The Visitor shall promptly notify of the lack of conformity to the Tour Operator’s representatives in the destination and the providers of the relevant service. Upon the filing of potential claims, the Visitor may not later rely on a lack of conformity if he or she has not notified the Tour Operator thereof immediately after discovering the lack of conformity. If the complaint is satisfied and the damage caused is compensated for in the destination, the Visitor shall not be entitled to demand the compensation of damage for a second time.
10.5. If the lack of conformity cannot be eliminated on site, the Tour Operator shall be notified thereof in writing or in a format that can be reproduced in writing as soon as possible but not later than within 10 days after termination of the travel. If the Visitor wishes to be compensated for a service not received, the Visitor shall attach to the written complaint the original receipts forming the basis of claim and other proof concerning justified additional expenses.

11. Validity of general conditions of travel contract
11.1. The present travel conditions apply to the packages offered by AS Taastusravikeskus Viiking and they are inseparably bound to the travel contract entered into between the Tour Operator and the Visitor. The travel conditions enter into force upon the conclusion of a travel contract.
11.2. Disputes arising from the interpretation of the travel contract shall be attempted to be resolved through negotiations between the Tour Operator and the Visitor. In case of disputes arising from the conditions of the present travel contract, the Visitor shall have the right to file a complaint against the Tour Operator to the Consumer Disputes Committee through the Consumer Protection Board (https://takis.tarbijakaitseamet.ee/avalik/avaldused) or a statement of claim with a county court pursuant to the procedure provided for in the legislation of the Republic of Estonia for the protection of his or her violated rights.

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