September 6, 2023
Travel Agreement and Tour Organizer’s Liability
1.1 In these travel terms, the Tour Organizer is Germalo Reisid OÜ under the TerraXplora trademark (hereinafter referred to as “Tour Organizer”), and the Traveler is the participant in the trip organized by the Tour Organizer, between whom a Travel Services Agreement has been concluded.
1.2 The Tour Organizer operates in accordance with the provisions set forth in the Tourism Act, the Law of Obligations Act, and other laws and regulations of the Republic of Estonia.
1.3 The Tour Organizer’s packages are protected by Vector Nordic travel guarantee insurance, registered with the Consumer Protection and Technical Regulatory Authority (email@example.com), ensuring that in the highly unlikely event of the Tour Organizer’s insolvency, all amounts paid for services not received will be refunded to the Traveler.
1.4 The Tour Organizer is required to provide Travel Services in accordance with these Terms & Conditions and the Travel Description available on the website www.terraxplora.eu.
1.5 The price of the trip includes only the services described in the travel program, written offer, or invoice. The content of the agreement and any deficiencies in the trip will be evaluated based on the information provided by the Tour Organizer in the process of selling and advertising the trip.
1.6 The Tour Organizer is liable for damages suffered by the Traveler due to gross negligence or intentional acts on the part of the Tour Organizer. The Tour Organizer’s liability is limited to the amount equal to three times the price of the travel package. The Tour Organizer’s liability for death, personal injury, or harm to the health of the Traveller is not limited.
1.7 The Tour Organizer shall promptly inform the Traveler of the circumstances described in Clause 3.2.2 of the Terms & Conditions and take all necessary measures to rectify any issues that may affect the smooth progress of the trip.
1.8 The Tour Organizer is obliged to provide assistance to the Traveler during the trip. The Traveler is responsible for obtaining travel insurance. If the Traveler encounters issues during the trip, for example falls ill, has an accident, or becomes a victim of a crime, the Tour Organizer shall assist the Traveler, in particular by providing relevant information about healthcare services, local authorities, and consular assistance, and by assisting the Traveler in communication and finding alternative travel arrangements. The Tour Organizer may demand reimbursement of the actual reasonable costs incurred for such assistance if the difficulties were caused intentionally or due to the negligence of the Traveler.
1.9 The Tour Organizer is liable for the provision of all the travel services that are part of the travel package. The Tour Organizer is not liable for any loss, damage, injury, or death caused by the acts or omissions of third-party service providers, including airlines, accommodation and transportation providers, whose services are not part of the travel package.
1.10 The Tour Organizer is not liable for any loss, theft, or damage to baggage, personal belongings or travel documents. We recommend that the Traveler purchases additional travel insurance to cover the loss of personal property.
1.11 The Tour Organizer is not liable for damages caused by unavoidable and exceptional circumstances (including, but not limited to natural disasters, war, political incidents, strikes, etc.). Unavoidable and exceptional circumstances are defined in § 874(8) of the Law of Obligations Act as follows: “Unavoidable and exceptional circumstances, within the meaning of this chapter, are circumstances that are beyond the control of the referring party and the consequences of which could not have been avoided even if all reasonable measures had been taken. The provisions of § 103(2) of the Law of Obligations Act do not apply to the previous sentence.” This provision excludes the application of the term “force majeure” to relationships arising from a package travel contract and applies the term “unavoidable and exceptional circumstances” instead.
Conclusion of the Contract and Payment for the Trip
2.2 The Traveler agrees that the Tour Organizer provides any information regarding the Travel Services Agreement and the trip to the Traveler in English. The Tour Organizer will provide information to the Traveler in Estonian, only if the Traveler expressly requests it.
2.3 If the Traveler is booking more than 45 days before the departure, they can choose to pay the full price or just pay a €200 deposit online to secure their spot on the trip.
2.4 If the Traveler chooses to pay only a deposit, they must pay the remaining amount 45 days before the departure. The Traveler will receive an email with a secure payment link for the final payment. The Traveler can also pay the remaining amount by bank transfer.
2.5 If the Traveler is booking the trip less than 45 days before the departure, the Traveler should pay the full price upon booking online or within 48 hours of the booking by bank transfer.
2.6 The Traveler can choose to pay for the trip in 3 installments using Montonio payment solution, and this option must be selected during the online booking process.
2.7 If full payment is not received 45 days before the departure, the Tour Organizer reserves the right to cancel the booking. In such a case, the deposit will not be refunded.
2.8 In case the traveler uses the services of the Tour Organizer to purchase international flight tickets as an additional service, the tour organizer may promptly request payment for the full price of the tickets. The cancellation policy will depend on the airline’s policy, which will be communicated to the traveler prior to placing the order.
Cancellation and Trip Amendment Policies
3.1 The Traveler is entitled to the following rights:
3.1.1 The Traveler can cancel the trip up to 45 days before the departure date. The costs paid by the Traveler will be refunded, except for the 200€ deposit. The deposit can be transferred to another trip. In case of cancellation, the Traveler must notify the Tour Organizer by sending an email to firstname.lastname@example.org and must receive an acknowledgment receipt from the Tour Organizer.
3.1.2 For any cancellation occurring less than 45 days before the departure, no refunds will be issued. The Traveler should contact their travel insurance provider for compensation based on the subscribed terms.
3.1.3 The Traveler can change their dates until 45 days before the departure without costs. New dates are subject to availability. In case of date changes, the Traveler must notify the Tour Organizer by sending an email to email@example.com and must receive an acknowledgment receipt from the Tour Organizer.
3.2 The Tour Organizer is entitled to the following rights:
3.2.1 The Tour Organizer reserves the right to cancel the Travel Service if the minimum number of 5 travelers required for the trip has not been reached. The Tour Organizer shall inform the Traveler of the cancellation 40 days before the start of the package in case the trip lasts more than 8 days; 20 days before the start of the package in case the trip lasts less than 8 days. In the event of cancellation, the Tour Organizer will provide the option to reschedule for a later date or select another trip of equal value. If rescheduling is not suitable for the Traveler, the Tour Organizer will issue a full refund.
3.2.2 The Tour Organizer reserves the right to modify the Travel Description before or during the trip (including, but not limited to, changing hotels or transportation, tour guides, altering the itinerary, or making other changes in the Travel Description) if the Tour Organizer is unable to provide the Travel Service in the originally described form due to circumstances beyond their control. The Tour Organizer is obliged to immediately inform the Traveler of the mentioned circumstances. If the change is significant, then the Traveler has to notify the Tour Organizer within a deadline set by the Tour Organizer, if he accepts the changes or withdraws from the Agreement. If the Traveler does not withdraw from the Agreement before the expiry of the term determined by the Tour Operator, it shall be deemed that the Traveler accepted the change.
3.2.3 The Tour Organizer may cancel the Travel Service before the trip if the provision of the service becomes significantly more difficult or impossible due to unavoidable and extraordinary circumstances (including, but not limited to, war, natural disasters, strikes, riots, epidemics and pandemics, entry restrictions imposed by any regulatory authority or government, etc.). In such cases the Tour Organizer loses the right to the payment of the price of the trip and has to refund to the Traveler the payments already made. In such an event the Traveler is not entitled to any compensation from the Tour Organizer.
3.2.4 If a tour is cancelled by the Tour Organizer, no refunds can be provided for expenses excluded from the tour package, such as flights to and from the destination, visas, travel insurance, or any other additional expenses incurred by the Traveler.
3.2.5 If the Traveler fails to attend the tour or cannot go on the trip due to missing necessary documents, the cost of the trip will not be refunded.
3.2.6 Should the Traveler choose to depart from the tour before its completion or not use some of the services, the Tour Organizer will not be liable for any refund of the unused portion.
3.2.7 The Tour Organizer will try to accommodate the Traveler’s reasonable special requests (such as dietary requirements or single room preferences), but cannot guarantee their fulfillment or availability during the trip. Any extra expenses associated with these special requests will be the responsibility of the Traveler. No claims against the Tour Organizer can be accepted in the event of non-fulfillment of the special requests.
Traveler’s Obligations and Responsibilities
4.1.1 The recommended age to join Terraxplora trips is between 25 and 45 years. The Tour Organizer reserves the right to decline travelers who are significantly outside the recommended age group (below 20 or above 50). In all cases, the traveler must be at least 18 years old to participate in our tours.
4.1.2 The Traveler is responsible for providing valid travel documents, insurance, visas, and vaccination certificates required to enter the destination country. The Tour Organizer cannot be held accountable if the Traveler is denied entry to a country due to insufficient passport, visa, or other travel documentation. In that case, the Traveler will cover the expenses to return to the home country and will not be entitled to any refunds from the Tour Organizer.
4.1.3 The Tour Organizer will need to receive a copy of the Traveler’s passport as soon as possible and at the latest 60 days before the departure to make all necessary travel arrangements (including, but not limited to internal flight, train and boat bookings). The Tour Organizer might ask for a copy of your passport earlier on specific trips. If the Traveler books the trip less than 60 days before the departure, the Traveler must send a copy of the passport to firstname.lastname@example.org within 24 hours of the booking. If the copy of the passport is not received despite the reminders, and the Tour Organizer is unable to finalize the necessary bookings in time for the trip, the Tour Organizer reserves the right to request additional fees to compensate for the ticket fare difference or cancel the Travel Agreement without providing a refund.
4.1.4 Travel insurance is mandatory for all TerraXplora tours. This insurance should provide coverage for trip interruption or delay, personal injury, medical expenses, repatriation or evacuation expenses, and personal liability. We also recommend coverage for the loss of personal property. It remains Traveler’s responsibility to read and understand the insurance policy and ensure that it is suitable and adequate for their particular needs. If the Traveler intends to participate in high-risk or adventure sports activities, it is their responsibility to obtain adequate additional insurance. It is recommended to promptly purchase travel insurance after concluding the Travel Agreement, covering the total amount of the travel and flight ticket costs. In such circumstances, the Traveler will be eligible for a reimbursement of the travel and flight ticket expenses in the event they cannot participate in the trip due to illness or other insured incidents. The proof of the travel insurance should be sent to email@example.com at least 10 days before the departure.
4.1.5 The Traveler is responsible for booking their flights to and from the destination at their own cost. The Traveler should only book their flights when they have received confirmation from the Tour Organizer that the trip departure is confirmed.
4.1.6 The Tour Organizer expects all travelers to behave responsibly and respectfully towards fellow group members and locals. If a traveler intentionally causes disruptions, delays in the planned schedule, or poses a risk to the safety and comfort of others, the Tour Organizer reserves the right to request the individual to leave the tour. If a Traveler is asked to leave the group due to non-compliance or disruptive behavior, no refund will be provided, and the individual will have no claim against the Tour Organizer for any expenses incurred as a result of their removal from the tour.
4.1.7 The Traveler must vacate the hotel rooms at the indicated check-out time. In the event that the Traveler fails to free the room on time and the hotel requests an additional fee, the Traveler will be responsible for its payment.
4.1.8 The Traveler must inform the Tour Organizer of any chronic illnesses that the Tour Organizer and tour leader should be aware of in case of issues. Furthermore, the Traveler explicitly accepts full responsibility for any risks associated with their medical condition. In case of a food allergy, the Traveler is responsible for informing the restaurants. The Tour Organizer can assist the Traveler in communicating with the restaurant but cannot be held responsible for any omissions.
4.1.9 The Tour Organizer will not be responsible for any additional costs related to excess luggage. If Traveler’s luggage exceeds the authorized size limit for flights included in the program (20kg by default), they must contact the Tour Organizer to arrange for a baggage allowance upgrade at their own expense. Each traveler is responsible for carrying their own luggage during the trip.
4.1.10 The Traveler should not harm the reputation of the Tour Organizer.
Prices and Price Changes
5.1 Only the activities figuring in the program, invoice or written offer are included in the price and can be subject to claims or refunds.
5.2 Unless specified differently, the following items are not included in the price: flights to and from destination, visas, insurances, vaccinations, optional activities, meals not listed in the program, tips to local guides and driver.
5.3 If the Traveler decides not to use any service included in the price, they are not entitled to claim compensation for it.
5.4 The price of the trip may increase before the departure due to circumstances beyond the control of the Tour Organizer and which were not foreseeable at the time of concluding the Travel Agreement. These changes may be due to considerable changes in Estonian or the destination country’s taxes, service fees, unforeseeable transport cost changes, currency exchange rate fluctuations, etc. For calculating the new price of the trip, the Tour Organizer will add the increased costs that are due to the aforementioned circumstances to the initial price of the trip. In case the abovementioned circumstances result in a decrease of the related costs, the Traveler has a right for price reduction. The Tour Organizer is obliged to immediately inform the Traveler of the mentioned circumstances. After receiving the notice of the increase in the travel fee from the Tour Organizer, the Traveler has to either pay the increased cost of the package trip or if the price increase exceeds 8 % of the total price of the trip, the Traveler has the right to withdraw from the Agreement. In this case the Traveler has to immediately notify the Tour Organizer of their intention to withdraw from the Agreement. If the Traveler does not withdraw from the contract before the expiry of the term determined by the Tour Operator, it shall be deemed that the Traveler accepted the change.
5.5 City taxes and refundable deposits are now commonly charged by hotels/resorts, which can only be paid locally and not at the point of booking. The Tour Organizer will do their best to inform the Traveler of such fees but assumes no responsibility for their payment.
Errors in Travel Arrangements and Complaints
6.1 The Tour Organizer has made a mistake if the trip and the offered services do not correspond to the travel description and promises made to the Traveler.
6.2 Changes that are minor in the overall context of the trip, which could be expected given the destination and nature of the trip, cannot be considered as deficiencies.
6.3 Changes to the travel schedule cannot be considered as deficiencies if the change is due to circumstances beyond the Tour Organizer’s control and does not exceed the limits of reasonableness. The Traveler must consider possible unforeseen and unavoidable changes beyond the control of the Tour Organizer (e.g., traffic jams, extreme weather conditions, strikes, etc.).
6.4 Photographs and depictions of places or attractions are indicative of the situations present during the program’s inception, and circumstances might differ during your journey.
Rectification of Deficiencies
7.1 In the event that the Traveler encounters any issues with the Tour Organizer’s services during the tour, they are requested to initially address the matter immediately with our local staff, who will make every effort to resolve the issue promptly.
7.2 If the problem remains unresolved for the Traveler, they should immediately contact the Tour Organizer’s office via email at firstname.lastname@example.org or by contacting at +372 5430 1312.
7.3 The Tour Organizer is obligated to rectify the issue promptly. The Tour Organizer may leave an error uncorrected during the trip only if it proves to be impossible or if it would result in disproportionate expenses for the Tour Organizer.
7.4 If the omission is not rectified for the aforementioned reason, the Traveler has the right to receive compensation that corresponds proportionally to the deficiency from the total package cost.
Compensation for Damages
8.1 The Tour Organizer shall compensate the Traveler for damages resulting from the voluntary actions or omissions of the Tour Organizer. The Tour Organizer’s liability is limited to the amount equal to three times the price of the travel package. The Tour Organizer’s liability for death, personal injury, or harm to the health of the Traveller is not limited.
8.2 If the mistake is rectified and the caused damages are compensated at the destination, the Traveler shall not have the right to demand additional compensation after the trip. The compensation shall be proportionate to the incurred damages.
8.3 The Tour Organizer shall not be liable for damages caused by unavoidable and extraordinary circumstances .
8.4 The Tour Organizer shall not be liable for damages caused by the Traveler’s own actions and negligence.
8.5 The Tour Organizer shall not be liable if the Traveler becomes a victim of a crime.
8.6 Claims and demands for compensation of damages must be submitted promptly as soon as the issue occurs. Failure to follow this procedure may result in the forfeit of any potential compensation.
8.7 The Tour Organizer shall not be held liable or provide compensation for any flight delays to the destination that may impact the Traveler’s participation in the Travel Organiser’s tours. We highly recommend that the Traveler subscribes to insurance that covers trip cancellation, interruption, or delay.
8.8 If the Traveler chooses to engage in an activity that is not included in the Tour Organizer’s trip itinerary, they assume all responsibility and risk. The Tour Organizer cannot be held accountable for any issues that may arise from Traveler’s participation in such activities.
Validity and Interpretation of Travel Terms
9.1 These travel terms become binding on both parties after the conclusion of the travel agreement (Clause 2.1).
9.2 Disagreements arising from the interpretation of these travel terms shall be attempted to be resolved through negotiations between the Traveler and the Tour Organizer. If the dispute cannot be resolved through negotiations, the consumer has the right to turn to the Consumer Disputes Committee (Endla 10A, Tallinn 10142, phone: (+372) 6201 707, e-mail: email@example.com). The Commission’s website is available at the internet address: https://komisjon.ee/. In the case of cross-border disputes, the consumer can use the online dispute resolution platform at http://ec.europa.eu/odr.