PACKAGE TRAVEL CONTRACT
- 866. Definition of package travel contract
(1) By a package travel contract, one person (the tour operator) undertakes on behalf of another party to provide a combination of travel services (a package) to one or more persons (the travellers) and the other party undertakes to pay the price (the price of the package).
(2) A package is a pre-arranged combination of not fewer than two of the following travel services when offered at an inclusive price and when the service covers a period of more than 24 hours:
1) transport services;
2) accommodation services;
3) other services not ancillary to transport or accommodation services and accounting for a significant proportion of the whole package of travel services.
(3) A package is also a combination of travel services provided over a period of less than 24 hours but including accommodation.
(4) A person providing travel services shall not rely on the terms and conditions of the contract according to which the person only intermediates individual travel services (retailer) without being a tour operator if, based on the advertising, catalogues or other circumstances of entry into the contract, the other party to the contract may reasonably consider the person to be a tour operator.
[RT I 2009, 18, 108 – entry into force 01.05.2009]
(5) The provisions of this Chapter also apply if payment for individual travel services within the same package is made separately.
- 867. Description of package
(1) The description of a package made available to travellers by the tour operator and any other terms or conditions of a package forwarded to a traveller shall not contain any misleading information. The description of a package may be set out in a brochure or other similar material.
(2) The description of a package shall set out the following information concerning each package:
1) the destination and the itinerary;
2) the price of the package and the manner of and terms for payment;
3) the means, characteristics and categories of transport used;
4) the type of accommodation, its location, category or degree of comfort and its main features, and its approval and tourist classification under the rules of the host country concerned;
5) the meal plan;
6) the passport, visa and insurance requirements and health formalities applicable to the traveller;
7) the right of the tour operator to withdraw from the travel contract if the number of travellers is smaller than that prescribed by the operator, provided that the tour operator has reserved this right, and the time limit for withdrawal from the travel contract in the case of exercising such right.
[RT I, 04.02.2011, 1 – entry into force 05.04.2011]
(3) Information contained in the description of a package is binding on the tour operator unless otherwise agreed by the parties or unless the possibility of changes to the information is stated in the description and the changes to the information have been clearly communicated to the traveller before entry into the package travel contract.
- 868. Informing traveller before entry into contract
(1) Before the contract is entered into, the traveller shall be provided, in a format which can be reproduced in writing, with general information on passport and visa requirements applicable to the traveller and in particular on the periods for obtaining them, as well as with information on the health formalities required for the package and the stay at the destination.
(2) The tour operator does not have the obligation specified in subsection (1) of this section if the information has already been included in a brochure made available to the traveller by the tour operator and has not been changed in the meantime.
[RT I 2002, 53, 336 – entry into force 01.07.2002]
- 869. Provision of standard terms and issue of travel confirmation to traveller
(1) If the tour operator uses standard terms as the bases of a package travel contract, these terms shall be communicated to the travellers before entry into the contract.
(2) The tour operator shall issue travel confirmation to the traveller immediately after entry into the contract in a format which can be reproduced in writing. The travel confirmation shall contain at least the following information:
1) the name and address of the tour operator and, in the event of the contract being entered into through a retailer, the name and address of the retailer;
2) the information specified in subsections 867 (2) and (3) of this Act;
3) the dates on which and the times and places at which the package will begin and end, and the duration of the journey to the destination and back;
4) the itinerary and the times and places of intermediate stops and transport connections;
5) the visits, trips and other services included in the price of the package;
6) the possibility that the price of the package may increase and the conditions under which the price will increase;
7) information on dues, taxes or fees which may be chargeable but are not included in the price of the package, such as landing taxes, embarkation or disembarkation fees at ports and airport taxes;
8) possible special agreements made with the traveller;
9) the obligation of the traveller to notify the tour operator or retailer of any violation of the contract;
10) a reference to the fact that, in order to cancel the contract due to a violation of the contract, the traveller shall, as a rule, grant a term for elimination of the violation;
11) information on the term during which the traveller may submit claims arising from a violation of the contract and the person to whom these claims shall be submitted;
12) information on the possibility of insuring against the tour operator withdrawing from the contract or to cover the cost of assistance, including repatriation in the event of accident or illness.
(3) If the tour operator has provided the traveller with a description of the package which includes the information specified in subsection (2) of this section and the tour operator refers to the description of the package upon entry into the contract, the travel confirmation need not set out the information included in the description of the package. The travel confirmation shall in any case set out the price of the package and the terms for payment thereof.
(4) The tour operator need not issue travel confirmation if the journey is booked less than seven days before the start of the journey. In such case, the traveller shall at least be notified of the obligations specified in clauses (2) 9) and 10) of this section not later than before the start of the journey.
[RT I 2003, 78, 523 – entry into force 27.12.2003]
- 870. Informing traveller before start of journey
(1) The following information shall be communicated to the traveller in good time before the start of the journey:
1) the information specified in clause 869 (2) 3) of this Act;
2) the details of the place to be occupied by the traveller if a particular place is designated for the traveller;
3) the names, telephone numbers and addresses of the local representatives of the tour operator and the potential retailer or, in the event of there not being a local representative, the address and telephone number of a local agency on whose assistance a traveller in difficulty could call and from where he or she contact the tour operator or retailer.
(2) If the traveller is a person with restricted active legal capacity, the other party to the package travel contract or a person specified thereby shall be provided with information enabling direct contact to be established with the person with restricted active legal capacity who is on the journey or with a person who is responsible for that person at the place of stay.
(3) The communication of information provided for in subsections (1) and (2) of this section is not required if the information is already contained in the brochure or travel confirmation made available to the traveller or other party to the package travel contract and has not been changed in the meantime.
- 871. Increase of price of package
The tour operator may only increase the price of the package if:
1) the contract expressly provides for the possibility of the price being increased and states the procedure for calculation of the new price, and
2) the need to increase the price of the package has arisen due to changes in the costs of transport, including the cost of fuel, or landing taxes, embarkation or disembarkation fees at ports and airports, charges related to services or the exchange rates applied to the particular package, and
3) the traveller is informed of the increase in the price of the package at least 21 days before the start of the journey.
- 872. Rights of traveller in event of amendment of contract
(1) The tour operator shall immediately inform the traveller of any increase in the price of the package, changes to any essential travel service or cancellation of the journey and the reasons therefor.
(2) If the price of the package is increased to a significant extent or an essential travel service is changed significantly, the traveller may withdraw from the contract. Instead of withdrawing, the traveller may demand a substitute package of equivalent or higher cost where the tour operator is able to offer the traveller such a substitute, or a substitute package of lower cost and a refund of the difference in price between the packages.
(3) The traveller may only exercise the rights provided for in subsection (2) of this section immediately after receipt of a corresponding notice from the tour operator or retailer.
- 873. Assumption of package travel contract
(1) The traveller may, until the start of the journey, transfer his or her rights and obligations arising from the contract to another person who satisfies all the conditions applicable to the package. If the traveller informs the tour operator or retailer of the transfer in a good time before the start of the journey, the tour operator is deemed to have granted consent for the assumption of the contract.
(2) In the case specified in subsection (1) of this section, the transferee and transferor of the package shall be jointly and severally liable for payment of the price of the package and for any additional costs arising from such transfer of the contract.
- 874. Withdrawal from contract before start of journey
(1) The traveller may withdraw from the contract at any time before the start of the journey.
(2) If the traveller withdraws from the contract, the tour operator loses the right to the price of the package. In such case, the tour operator may demand reasonable compensation.
(3) The amount of compensation specified in subsection (2) of this section is the price of the package from which the expenses saved by the tour operator are deducted along with anything which the tour operator may obtain by using the travel service differently. The amount of such compensation may be set out in the contract as a percentage of the price of the package.
- 875. Measures upon violation of contract
(1) The traveller shall notify the immediate provider of the travel services and the tour operator or retailer of any violation of the contract. The tour operator shall take reasonable measures at the expense thereof in order to eliminate the violation. The traveller may grant the tour operator a reasonable term to eliminate the violation. This does not preclude or restrict the right of the traveller to reduce the price of the package.
(2) If the tour operator fails to take measures within the reasonable term granted therefor by the traveller, the traveller may take measures himself or herself and demand reimbursement of the expenses incurred therefor from the tour operator. The traveller may also take measures without granting a term if the tour operator refuses to take the measures or if the traveller has a special interest in the measures being taken immediately.
- 876. Cancellation of contract by traveller
(1) If the tour operator materially violates the contract during the journey, the traveller may cancel the contract if the violation is not eliminated within a reasonable period of time after notification thereof or if the traveller cannot reasonably be expected to continue the journey due to the violation.
(2) If the travel contract is cancelled pursuant to the provisions of subsection (1) of this section, the tour operator loses the right to the price of the package. The tour operator may still demand reasonable compensation for the services provided or the services to be provided to end the journey, unless the traveller is not interested in the services provided or to be provided due to the cancellation of the contract.
(3) Upon cancellation of the contract, the tour operator shall take the necessary measures arising from termination of the contract pursuant to the provisions of subsection (1) of this section, particularly by providing the traveller with equivalent transport back to the place of departure or to another return-point to which the traveller has agreed.
(4) The tour operator shall bear the additional expenses arising from cancellation of the contract pursuant to the provisions of subsection (1) of this section.
- 877. Liability of tour operator
(1) The tour operator shall be liable to the traveller for performance of the contract regardless of whether the contractual obligations are to be performed by the tour operator or any other person.
(2) The provisions of §§ 875 and 876 of this Act do not preclude or restrict the right of claim of the traveller for compensation for damage caused to him or her by violation of the contract. The traveller may, amongst other things, demand reasonable compensation for non-patrimonial damage for the wasted holiday.
(3) If the liability of the immediate provider of services is limited pursuant to international conventions, the tour operator may rely thereon in respect of the traveller.
(4) If the tour operator violates an obligation arising from the contract, the tour operator shall take all reasonable steps in order to provide immediate assistance to a traveller in difficulty. There is no such duty if the violation occurs due to the fault of the traveller.
- 878. Prohibition on limitation and preclusion of liability
(1) Any agreement which precludes or limits the liability of a tour operator for damage which is caused intentionally or due to gross negligence is void.
(2) Any agreement which limits the liability of a tour operator for causing the death of a traveller or bodily injury or physical harm to a traveller is void.
(3) The liability of a tour operator for damage not specified in subsection (2) of this section may be limited to three times the amount of the price of the package.
- 879. Cancellation of contract due to force majeure
(1) If the provision of travel services becomes impossible, impracticable or dangerous due to force majeure, either party may cancel the contract.
(2) Upon cancellation of the contract on the bases provided for in subsection (1) of this section, the tour operator loses the right to the price of the package but may demand reasonable compensation for the services provided or the services to be provided to end the journey. Upon cancellation of the contract, the tour operator shall take the necessary measures arising from termination of the contract, particularly by providing the traveller with equivalent transport back to the place of departure or to another return-point to which the traveller has agreed.
(3) Upon cancellation of the contract on the bases provided for in subsection (1) of this section, the parties shall bear the additional expenses related to transporting the traveller back to the place of departure in equal shares. Other additional expenses arising from cancellation of the contract shall be borne by either of the parties.
- 880. Application of provisions
(1) The provisions of §§ 867 to 870 of this Act do not apply if a person organises packages only occasionally and outside the scope of the economic activity thereof.
(2) The provisions of this Chapter apply to contracts entered into with travellers with a residence or seat in Estonia or in a Member State of the European Union if the contracts are entered into as a result of an auction, advertising or other such economic activity in Estonia, regardless of which state’s law applies to the contracts.
[RT I 2003, 78, 523 – entry into force 27.12.2003]
- 881. Prohibition on violation of provisions
A person or agency provided by law may, pursuant to the procedure provided by law, demand that a tour operator or retailer who violates the provisions of this Chapter terminate the violation and refrain from further violation.
[RT I, 31.12.2013, 1 – entry into force 13.06.2014]
- 882. Mandatory nature of provisions
Any agreement which derogates from the provisions of this Chapter to the detriment of the traveller is void.