Terms & Conditions
MEDIATION AND CONTRACTUAL CONDITIONS OF TRAVMONDE OÜ
Dear Guests,
The following contractual conditions regulate, on one hand, the legal relationship between Travmonde OÜ, hereinafter referred to as "Travmonde OÜ," and you, the guest or the client who has requested a guided tour in regard to the mediation activity of Travmonde OÜ. On the other hand, they also regulate the legal relationship between you and the guide, who has been arranged by Travmonde OÜ.
If legally valid, these conditions become part of the service agreement that is established between you or the client and the guide, in case of your booking. Therefore, we kindly ask you to read these conditions carefully before making your booking.
1. Position of Travmonde OÜ and the guide; Applicable legal provisions
1.1. The guide provides the contractual services advertised as the immediate contracting partner of the guest or the client as an independent service provider. Travmonde OÜ is solely the intermediary of the contract between the guest or the client of the tour and the executing guide.
1.2. Therefore, Travmonde OÜ is not liable for services, deficiencies in performance, personal or property damages in connection with the tour. This does not apply if the guest tour is a contractually agreed service of a package tour or other offer where Travmonde OÜ is the immediate contracting partner of the guest or the client. Any liability of Travmonde OÜ from the mediation relationship remains unaffected.
1.3. The agreements made with the guide or Travmonde OÜ as its representative, supplemented by these mediation and contract conditions, alternatively the statutory provisions on the service contract, apply primarily to the legal relationship between the guide and the guest or the client of the tour. The agreements made with Travmonde OÜ, then the provisions on the mediation activities of Travmonde OÜ in the present contract conditions, and alternatively the statutory provisions on paid agency apply primarily to the mediation relationship with Travmonde OÜ.
1.4. Insofar as mandatory international or European legal provisions that are applicable to the contractual relationship with the guide or the mediation activities of Travmonde OÜ do not provide otherwise in favor of the guest or the client, exclusively Estonian law applies to the entire legal and contractual relationship with the guide and Travmonde OÜ.
2. Conclusion of Contract, Role of a Group Client; Note on Consumer Dispute Resolution
2.1. The following booking methods apply to all cases:
a) If the booking is made by a third party referred to as "client" in these terms and conditions, i.e. an institution or a company (private group, adult education center, school class, association, tour operator, incentive or event agency, travel agency), then the client is the sole contracting partner of Travmonde OÜ in the context of the brokerage agreement or of the guide in the context of the service agreement unless he acts expressly as a legal representative of the future participants in accordance with the agreements made. In this case, the client is fully responsible for payment of the agreed fee or other contractual payment claims.
b) Travmonde OÜ points out that under the legal provisions, contracts for guided tours as contracts for services related to leisure activities, which were concluded remotely (letters, catalogs, telephone calls, faxes, e-mails, messages sent via mobile phone services (SMS) as well as radio and Telemedia), there is no right of withdrawal, but only the legal provisions regarding the non-use of services apply (see also sections 6 and 7 of these terms and conditions). However, there is a right of withdrawal if the contract was not concluded remotely but outside of business premises unless the oral negotiations on which the conclusion of the contract is based were conducted at the consumer's request; in the latter case, there is also no right of withdrawal.
2.2. The following applies to bookings made orally, in writing, by telephone, by fax, or by e-mail:
a) With his booking, the guest or client offers to conclude a service contract based on the service description for the respective tour and these contract terms to the respective guide, represented by Travmonde OÜ as a legal representative, and at the same time gives Travmonde OÜ the corresponding brokerage mandate.
b) The service contract for the guided tour is concluded with the booking confirmation, which Travmonde OÜ makes as the representative of the guide. It does not require any specific form. As a rule, Travmonde OÜ, except for very short-term bookings, will send the guest or client a written copy of the booking confirmation. In the case of binding telephone bookings, the validity of the contract is independent of the receipt of the written copy of the booking confirmation and any agreed advance payment.
c) With regard to the law on consumer dispute resolution, Travmonde OÜ points out that at the time of printing these brokerage and contract terms, significant provisions of this law were not yet in force. Travmonde OÜ does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for Travmonde OÜ after the printing of these brokerage and contract terms, Travmonde OÜ will inform consumers in an appropriate manner. For all contracts concluded in electronic legal transactions, Travmonde OÜ refers to the European online dispute resolution platform:
http://ec.europa.eu/consumers/odr/.
3. Services, substitution clause, deviating agreements, significant service modifications, duration of tours, weather conditions.
3.1. The service owed by the guide consists of conducting the guided tour according to the service description and any additional agreements made.
3.2. Unless expressly agreed otherwise, the provision of the guided tour is not owed by a specific guide. Rather, the selection of the respective guide is at the discretion of Travmonde OÜ based on the necessary qualifications.
3.3. Even in the event of naming or expressly agreeing to a specific guide, it is reserved to replace them with another suitable and qualified guide in the event of compelling reasons for prevention (especially due to illness).
3.4. The scope of the services owed results from the service description and any additional agreements made. Information and assurances from third parties or agreements with them (especially travel agencies, accommodations, transportation companies, restaurants, museums, or other places of interest) regarding the scope of contractual services that contradict the service description or agreements made with Travmonde OÜ and/or the guide are not binding on Travmonde OÜ and the guide.
3.5. Information about the duration of tours is approximate.
3.6. Regarding weather conditions and their effects on agreed-upon tours:
a) Unless otherwise agreed in individual cases, the agreed tours take place in all weather conditions.
b) Weather conditions do not entitle the guest or the client to free cancellation or termination of the contract with the guide. This only applies if the weather conditions significantly impair the guest's or the client's body, health, or property to an extent that objectively makes it unreasonable for them to participate in the tour.
c) If such conditions exist at the beginning of the tour or are objectively expected for the agreed time of the tour, it is up to the guest or the client and the guide or the Travmonde OÜ as its representative to terminate the contract for the guest tour either regularly or immediately.
d) In the event of such termination by the guide or the Travmonde OÜ as its representative, the guest or the client has no claims for reimbursement of costs, in particular travel and accommodation costs, unless the guest or the client has contractual or legal claims for damages or reimbursement of expenses.
4. Prices and Payment
4.1. The agreed prices include the provision of the guided tour and any additional services that have been advertised or agreed upon.
4.2. If the advertised prices are for group tours, they apply to the maximum number of members in the group that has been advertised. If a specific group size is not specified, the maximum number is 25 participants. If the number of group members exceeds this limit without explicit prior agreement with Travmonde OÜ or the guide, the client must inform Travmonde OÜ immediately before the start of the tour and come to an agreement with Travmonde OÜ and the guide on appropriate additional compensation. Otherwise, the guide is entitled to either not conduct the tour or conduct it with only the maximum number of participants agreed upon.
4.3. Admission fees, catering costs, transportation costs by public or private means, city maps, brochures, museum guides, and costs for tours within the visited tourist attractions during the guided tour are only included in the agreed price if they are explicitly listed as part of the guided tour services or have been agreed upon additionally.
4.4. Unless otherwise agreed, especially regarding a down payment, the agreed fee is due in cash at the beginning of the guided tour. Checks or credit cards are not accepted. Payment with vouchers (entitlement certificates) is only possible if they have been issued within the scope of an explicit agreement with Travmonde OÜ.
4.5. Travmonde OÜ, subject to another arrangement, acts as the authorized representative for the guide to collect 20% of the total price of the tour as a down payment and to invoice the remaining payment or the full payment, without a down payment, 4 weeks prior to the start of the tour.
4.6. If the guide is ready and able to provide the agreed services and there is no statutory or contractual right of offsetting or withholding on the part of the guest or client against the guide or Travmonde OÜ, the guide or Travmonde OÜ as its representative is entitled to withdraw from the service contract for the guided tour or the mediation contract and charge the guest or client with cancellation costs corresponding to section 7 of these terms and conditions if the agreed payments are not made within the agreed payment period, even after being reminded with a reasonable deadline.
5. Non-utilization of services
5.1. If the guest or the client fails to utilize the agreed-upon services without fault on the part of the guide or Travmonde OÜ, in particular by not showing up or not taking the tour without terminating the contract, either fully or partially, even though the guide is prepared and able to provide the service, there is no entitlement to a refund of payments already made.
5.2. The legal regulations apply to the agreed-upon compensation:
a) The agreed-upon compensation is to be paid without any entitlement to make up for the missed tour.
b) The guide, however, must be credited with any expenses saved and must also be compensated for any other use of the agreed-upon services that they obtained or maliciously failed to obtain.
6. Cancellation and withdrawal by the guest or the client
6.1. The guest or the client may cancel the contract with the guide free of charge after the contract is concluded up to the 6th working day prior to the agreed-upon start of the service unless otherwise specified in the contract. Cancellation must be in writing.
6.2. If the guest or the client cancels between the 5th and 3rd working day prior to the start of the tour, the Travmonde OÜ - unless otherwise specified - will charge a processing fee of 50% of the total price of the tour, which also settles any claims of the guide in connection with the termination of the service contract with the guide. However, the guest or the client may prove to the guide or the Travmonde OÜ that there was no loss or significantly lower costs. In this case, the guest or the client will only have to pay the lower expenses or costs.
6.3. If the cancellation is made later than 3 working days before the start of the tour or on the day of the tour, the full agreed-upon compensation is due. However, the guide must be credited with any expenses saved and must also be compensated for any other use of the agreed-upon services that they obtained or maliciously failed to obtain. However, any expenses saved for additional services related to the tour, in particular the costs of bus transportation, food, drinks, entrance fees, etc., must be refunded by the guide or Travmonde OÜ to the guest or client only to the extent that there is a legal or contractual entitlement to reimbursement or refund from the respective service providers and this can actually be obtained from them.
6.4. For the above deadlines, the receipt of the cancellation statement by Travmonde OÜ during its published and/or communicated business hours is decisive. Cancellation statements must be addressed exclusively to Travmonde OÜ as the representative of the guide.
6.5. The above cancellation regulations do not affect any legal or contractual cancellation rights of the guest or the client in the event of defects in the guide's services or the Travmonde OÜ's brokerage services, as well as any other statutory warranty claims.
7. Liability of the guide and Travmonde OÜ; insurance
7.1. The guide and Travmonde OÜ shall not be liable for services, actions, or omissions of food establishments, facilities, providers of tourist attractions, or other offerings visited during the tour unless the guide is at fault for causing or contributing to the damage.
7.2. The agreed contractual services include insurance in favor of the guest or the client only if explicitly agreed upon. The guest or the client is expressly recommended to take out travel cancellation insurance.
8. Tour times, duties of the guest or the contracting party
8.1. The guest or the contracting party is obliged to provide a mobile phone number at the time of booking or in a timely manner before the agreed date of the tour, which can be used to contact them in case of extraordinary events. The Travmonde OÜ will usually also provide the guest or a designated person with the corresponding mobile phone number of the executing guide.
8.2. Agreed tour times must be adhered to punctually. If the guest is delayed, he is obliged to inform Travmonde OÜ of this delay by the time of the agreed start of the tour at the latest and to specify the expected time of arrival. Travmonde OÜ will then make every effort to find the best possible solution with the booked guide or a replacement.
8.3. In the event of the guest being delayed, the guide will wait for an appropriate period of time to conduct a shortened tour within the booked time frame or to hold an alternative tour on site. Without an appropriate mutual agreement between the parties, the guide is not obliged to be available beyond the originally agreed period.
8.4. The guest or the representative of the group contractor is obliged to immediately report any deficiencies in the tour and the agreed services to the guide and to demand remedy. Claims arising from deficient or incomplete services by the guide will only be waived if this complaint is not made without fault.
8.5. The guest or the contracting party is only entitled to terminate the tour after the start of the tour if the service of the guide is significantly deficient and these deficiencies are not corrected despite appropriate complaints. In the event of an unjustified termination, there is no entitlement to a refund. Warranty claims of the guest or the contracting party in the event of a deficient implementation of the guest tour remain unaffected by this.
9. Jurisdiction
9.1. Insofar as full payment is agreed to be made on-site to the guide or Travmonde OÜ, the place of performance and jurisdiction is the location of the guest tour.
9.2. The guest or the client may only file claims against the guide or Travmonde OÜ at their general place of jurisdiction.
9.3. For claims of the guide or Travmonde OÜ against the guest or the client, the general place of jurisdiction of the guest or the client is decisive. If the client is a merchant or a legal entity under public or private law, or if the guest or the client has no general place of jurisdiction in the country, the exclusive place of jurisdiction for claims of the guide or Travmonde OÜ is their place of residence or business.
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