The general package terms and conditions secure the golfer at different stages of the trip. EnjoyTravel & Tours follows the general package tour conditions and its own additional and special conditions.
1. - Scope
1.1. General travel package conditions
These terms and conditions apply to package travel of 24 hours or more, which is acquired principally for private purposes, and which includes at least two of the following services; 1) transport, 2) accommodation, 3) hire of a car or other motor vehicle referred to in section 2 (3) of the Act on Combinations of Travel Services, such as a motorcycle requiring a Class A driving license or a self-propelled vehicle with a self-propelled speed of more than 25 km / h, or one of the above together with 4) other essential tourism services, provided that the whole is sold or offered for sale in Finland. Accommodation is also considered to be accommodation for a few weeks, for example in a family in connection with a language course, but not in connection with a long-term exchange student trip.
1.2. Additional terms
The tour operator has the right to supplement and specify the general terms and conditions of the package with additional terms and conditions, which must not be in conflict with these general terms and conditions to the detriment of the passenger.
1.3. Special conditions
The tour operator is entitled to use special conditions that deviate from these terms and conditions if the use of special conditions is justified by the special nature of the trip, exceptional mode arrangements (such as booking and sale conditions for scheduled flights), exceptional accommodation conditions or special destination conditions. The special conditions must not, to the detriment of the passenger, conflict with the Act on Combinations of Travel Services.
The tour operator, which applies special conditions in the event of cancellation and charges the passenger for the actual cancellation costs, if necessary, shall provide an explanation of how they are allocated to the different parts of the journey.
2. Package travel agreement and responsibility for the implementation of the agreement
2.1. Responsibility for the implementation of the contract
The tour operator is responsible to the passenger for ensuring that the travel package complies with the contract. Liability also applies to the services of traders used by the tour operator to perform the contract (for example, transport companies and hotels).
The travel agent is responsible in the same way as the tour operator for the information provided to the passenger and for the performance of the contract. However, such liability does not arise for the intermediary if the passenger knows at the time of the conclusion of the contract who is the tour operator and that he alone is responsible for fulfilling the contractual obligations.
Prior to concluding the contract, the passenger must be informed whether the tour operator or travel agent has lodged a guarantee within the meaning of the Act on Travel Service Combination Providers (921/2017) and whether the guarantee covers the offered trip.
The passenger can fulfils his obligation to notify under these terms and conditions by contacting either the tour operator or the intermediary.
The error of the travel package must be reported in accordance with section 12.4. in accordance with.
2.2. Content of the agreement
The trip includes the services and arrangements agreed between the passenger and the tour operator. When evaluating the content of the contract, all the contract's terms and conditions announced in writing or electronically in advance and other information contained in the tour operator's brochures, and other marketing and travel documents before the conclusion of the travel contract, the standard information form and other information required by law (901/2017) and regulation (181/2018) concerning the trip in question are taken into account .
2.3. Travel documents and travel insurance
Before concluding the contract, the tour operator shall provide the passenger with general information on the travel documents required and the time normally required to obtain them.
Following the instructions given by the tour operator, the passenger must take care of the documents he / she needs during the trip (e.g passport, visa, vaccination certificates) and check the correctness and correspondence between them and the ticket. The passenger must also check the transportation schedules. If the tour operator has fulfilled its obligation to provide information, it will not be liable for any damage caused to the passenger if the trip is prevented or interrupted due to incomplete or incorrect travel documents (e.g broken passport) or refusal or absence of a visa.
The tour operator is not responsible for the voluntary insurance required by the passenger during the trip, but the passenger is responsible for his / her own insurance cover and its coverage, e.g with regard to cancellation cover. Therefore, the tour operator urges the passenger to obtain sufficient travel insurance cover for the person and property for the trip, including cancellation insurance.
2.4. Potential security risks of the destination
Prior to the journey, the tour operator shall inform the passenger of any special risks involved in the journey and provide information on the general health regulations of the country of destination. The passenger is responsible for obtaining guidance on the special needs of the passenger's personal health. In addition, instructions must be given to the passenger in the event of illness, accident or other similar event.
In addition to the passenger himself, the authorities of that country are primarily responsible for the safety of the passenger abroad. The passenger must act taking into account the circumstances of the destination.
Site safety and other relevant information about the site is available from the Ministry of Foreign Affairs and the Department of Health and Welfare; e.g. those parties Internet sites www.um.fi and www.thl.fi . The passenger must get acquainted with the conditions of the destination, e.g. using the above information.
2.5. Duty to provide assistance
If a passenger falls ill, is the victim of an accident or crime or suffers other damage during the journey, the tour operator shall, without undue delay, provide the passenger in difficulty with information on health services, local authorities and consular services, remote access and alternative arrangements and assistance. The passenger is responsible for the costs of these or other special arrangements required by the situation (e.g new transport, extra hotel stays and any additional costs for the tour operator) which the tour operator has made due to his situation. If during the trip occurs in section 10.1. (b) the intended situation, the tour operator shall assist the passenger accordingly and shall endeavour to limit, as far as possible, the harm and inconvenience caused to the passenger.
The tour operator may charge a reasonable fee for the assistance provided if the passenger has caused the difficulties intentionally or through negligence. However, the fee shall not exceed the actual cost of providing assistance to the tour operator.
If the tour operator does not have staff at the destination who can assist the passenger, the tour operator shall inform the passenger before the trip of the name and contact details of the local representative of the tour operator or broker or equivalent local offices that the passenger can contact if necessary. In the absence of such representatives or establishments, the passenger shall be informed of how to contact the tour operator or retailer, if necessary.
2.6. Duties and responsibilities of the passenger
2.6.1. During the trip, the passenger must follow the instructions and regulations issued by the authorities, the tour operator or the tour operator's representative, as well as the rules of the hotel and means of transport.
2.6.2. The passenger must not disturb other passengers with his behaviour. If the passenger materially fails to fulfil his obligations, his departure may be denied or he may be removed from the journey. In this case, the passenger is not entitled to a refund and is responsible for all expenses incurred on their journey home.
2.6.3. The passenger is liable for damages caused to the tour operator or third parties by his intentional or negligent conduct, inter alia, in violation of 2.6.1 and 2.6.2 . the provisions referred to in paragraphs
2.6.4. The passenger must inform the tour operator of the contact details that can be reached before and during the trip.
2.6.5 The representative of the group of passengers is obliged to provide all the information and documents concerning the trip to the group of passengers and, accordingly, the necessary information and documents concerning the passengers to the tour operator. The tour operator shall be deemed to have fulfilled its obligation to notify the travel information to this group of passengers and shall not be required to provide it separately to each passenger.
On behalf of the group of passengers, changes to the reservation may be made by the representative of the group of passengers who booked the trip alone or together with the passenger who wants the change.
2.6.6. The passenger or a representative of a group of passengers is responsible for the accuracy and timeliness of the information provided to the tour operator, such as the time of the trip, the names of the passengers, the dates of birth, other personal data or the special needs of the passengers. The tour operator is not liable for any damage that may be caused by incorrect or incomplete information provided by the passenger or a representative of the passenger group.
2.6.7. The passenger may have to bear the consequences and / or costs, if any, if he uses the services or parts of the package in a way other than that agreed in the package agreement. For example, partial or complete non-use of the transport services included in the package may lead to the restriction or loss of access to the remaining services.
3. Conclusion of the contract and payment of the price
3.1. A contract binding on the passenger is created when the first payment ordered by the tour operator has been paid no later than the due date.
3.2. The full price of the trip must be paid within the time specified by the tour operator or at another agreed time. After paying the price of the trip, the passenger has the right to receive travel tickets and other documents related to the trip well in advance of the start of the trip.
4. The passenger's right to cancel the journey before the start of the journey
The passenger has the right to cancel the trip at any time before the start of the trip. In this case, the tour operator is entitled to charge a cancellation fee as follows:
4.1. As per special package conditions click here
4.2. If the trip is priced according to the group of two or more passengers being accommodated in the same room or apartment and one of the members of the party cancels their trip, the tour operator has the right to charge in section 4.1. in addition to the cancellation costs mentioned, the costs of the vacancy resulting from the cancellation. The members of the party who have canceled their trip and take part in the trip are jointly and severally liable for the payment of these expenses to the tour operator. Instead of the above, the tour operator and the outgoing travel group may jointly agree on a more appropriate accommodation arrangement for the traveling group, in which case the outgoing group shall bear any additional costs.
4.3. If the journey is not canceled and the passenger does not arrive at the agreed place of departure at the agreed time or if he is unable to attend due to reasons for which he is responsible, he is not entitled to a refund.
4.4. Cancellation fees may differ in section 4.1. if the journey is one subject to special conditions (point 1.3. ). The amount of the cancellation fee or the basis on which it is determined must be stated in the special conditions.
5. The passenger's right to cancel the trip due to changes made by the tour operator or the conditions of the destination before the start of the trip
5.1. The passenger can cancel the trip and get back the price paid for the trip less the office expenses if it would be unreasonable to require him/her to go on the trip because:
(a) he or a person close to him suddenly becomes seriously ill, has a serious accident or dies. A close person is a spouse, common-law partner, child, parent, in-laws, sibling, grandchild, grandparent or travel companion with whom the traveler has booked a trip together and whose accommodation has been agreed in the same room or apartment,
or
(b) he or she or the travel partner with whom he or she has booked the trip has another unexpected and serious event which would make it unreasonable to require him or her to travel. A travel partner is a child or parent of the passenger in question or another person whose accommodation has been agreed in the same room or apartment as the passenger in question. Another unexpected and serious event is, for example, significant damage to property, such as an apartment fire.
5.2. The passenger must notify the tour operator of the cancellation without undue delay. If the passenger does not notify the cancellation of the journey within a reasonable time specified, the passenger shall be deemed to accept the proposed changes.
Obstacle to travel must be demonstrated by a reliable statement, such as a medical certificate, a police investigation report, or an insurance company statement. The report shall be submitted to the organizer of the mark as soon as possible and no later than two weeks after the occurrence of the obstacle justifying cancellation, unless it is unreasonably difficult for the passenger to comply with the time limit.
5.3. If the trip is priced according to the group of two or more passengers being accommodated in the same room or apartment and one of the members of the party cancels their trip in section 5.1. due to force majeure referred to in paragraph 4.2., the tour operator shall not be entitled to 4.2. additional fee in accordance with However, the tour operator has the right to make appropriate changes to the accommodation of the rest of the party due to cancellations, if the level of the trip does not reduce the agreed.
5.4. The right to cancel a trip due to a price increase is provided in section 9.3.
5.5. With regard to cancellation costs, section 4.4 also applies.
6. The passenger's right to interrupt the trip and made by the tour operator or the conditions of the destination
6.1. The passenger has the right to cancel the trip if
(a) the time at which the journey begins or ends is postponed by more than 30 hours;
(b) the tour operator otherwise substantially changes the travel arrangements. A material change is, for example, a change in the means of transport that significantly increases travel time, a change in the destination or a change that clearly reduces the level of accommodation,
(c) he has reasonable grounds for believing that the voyage cannot be carried out in the agreed manner or without endangering his health or life as a result of hostilities, natural disasters, strikes or similar situations occurring at or near the destination. The assessment of the grounds for cancellation will take into account the position of the Finnish authorities,
(d) he has reasonable grounds for believing that there will be a material error in the performance of the tour operator.
6.2. The passenger must notify the tour operator of the cancellation without delay.
6.3. The right to cancel a trip due to a price increase is provided in section 9.4.
6.4. When canceling a trip in the above cases, the passenger is entitled to a refund of the price of the trip. If the cancellation is due to something other than in section 6.1.c. for this purpose, the passenger is also entitled to compensation for expenses incurred during the journey and which have become useless as a result of the cancellation.
In sections 6.1.a, 6.1.b. and 6.1.d. in such cases, the passenger may alternatively claim a new equivalent journey from the tour operator at the price paid for the original journey. In addition, paragraph 11.3 shall apply to the replacement journey.
7. Passenger's right to suspend the trip and terminate the contract
7.1. The passenger has the right to interrupt the trip if
(a) the tour operator commits a serious misconduct or the journey otherwise proves to be so faulty that the journey does not correspond to the purpose for which it was originally intended. On these grounds, the passenger also has the right to terminate the contract after the journey, or
(b) during the voyage occurs in 6.1.c. intended situation.
7.2. Upon suspension of the trip or cancellation of the contract, the passenger has the right to recover the price of the trip paid to the tour operator. If the passenger has benefited from the tour operator's performance, the passenger must pay the tour operator compensation equal to the value of the performance to the passenger.
7.3. If the passenger interrupts the journey in 7.1.a. the tour operator shall, at its own expense, arrange for the return transport of the passenger. The transport must be arranged by the means of transport originally agreed to the place of departure of the journey or to another agreed place.
7.4. If the passenger has a seat in accordance with 7.1.a. on the basis of the right to terminate the contract, he may alternatively claim a new equivalent journey from the tour operator at the price paid for the original journey. In addition, paragraph 11.3 shall apply to the replacement journey.
7.5. If the passenger interrupts the journey in accordance with 7.1.b. he is not assisted by the tour operator in accordance with point 2.5. the passenger may himself take the necessary measures. However, the passenger must try to limit the amount of costs and other damage that may be borne by the tour operator.
8. The passenger's right to amend the contract and transfer it to another
8.1. The passenger has the right to change the departure date, destination or hotel no later than the special package conditions click here before the start of the trip by paying office expenses in addition to the possible price difference between the original and the new trip. Subsequent changes may be considered by the tour operator as a cancellation of the trip and ordering a new one.
8.2. The passenger has the right to change the passenger data in the reservation or to transfer his contractual rights to a person who fulfils any conditions for participation in the trip.
The tour operator must be notified of the transfer or change of information no later than seven days before the start of the trip. The notification may be made at a later date, provided that it does not cause undue inconvenience to the tour operator.
The tour operator has the right to charge reasonable compensation for the necessary measures resulting from the transfer or change of information. Unless otherwise stated in the additional terms and conditions of the tour operator, the compensation is equal to the office expenses. In this context, 4.2. encounter. The transferor and the transferee are jointly and severally liable for the payment of the price and compensation of the trip to the tour operator.
9. Price changes
9.1. After concluding the contract, the tour operator has the right to increase and correspondingly the obligation to reduce the agreed price of the trip on the following grounds:
(a) changes in taxes and other public charges affecting the price of the journey.
(b) a change in transport costs which could not have been influenced by the tour operator and which the tour operator could not take into account when terminating the contract,
or
(c) Change in exchange rates affecting travel costs. The Consumer Ombudsman and the Finnish Travel Agency Association have negotiated additional guidelines for calculating the exchange rate change.
According to the instructions, the amount of the exchange rate change is determined according to the exchange rate prevailing six weeks before departure. The reference rate is the exchange rate of the day that the tour operator states in its brochure that it has used as the basis for its pricing. If the trip has not been marketed in the brochure, the reference rate is the rate announced to the passenger at the latest when the contract is concluded.
9.2. The price increase must not exceed the increase in costs.
The tour operator must inform the passenger of the new price as soon as possible, as well as the reasons for the price change and the parts of the package that are affected by the change.
The fare must be notified to the passenger in a durable medium no later than 20 days before the start of the journey.
9.3. If the price of the trip is increased by more than 8% after the conclusion of the contract in section 9.2. calculated accordingly, the passenger has the right to terminate the contract. The passenger shall notify the tour operator of the termination of the contract within a reasonable period of time specified by the tour operator or, if no time limit has been specified, within seven days of the passenger being informed of the price increase. A notification notified by electronic means shall be deemed to have been received on the day on which it is sent by the tour operator. If no other statement of the time of receipt of the notice can be submitted, the notice sent by post shall be deemed to have been received by the addressee on the seventh day after its sending.
10. Changes made by the tour operator to the package tour agreement
10.1. If the tour operator makes minor changes to the package deal before the start of the trip, the passenger is not entitled to cancel the contract, reduce the price or pay damages. Changes that the passenger could reasonably have been prepared for based on the destination or the nature of the trip, such as the cancellation of one trip included in the package, if the trip includes several trips, can be considered as minor changes.
10.2. If, for reasons beyond its control, the tour operator is unable to comply with the agreed itinerary, the tour operator has the right to change the hotel, place of accommodation, means of transport and schedule or to make other changes to the itinerary that do not substantially change the nature of the trip. Changes must be notified to the passenger as soon as possible.
10.3. Due to the small number of participants, the tour operator has the right to change the means of transport, route and schedule, provided that the changes do not substantially change the nature of the trip. Changes must be notified to the passenger no later than 14 days before the start of the trip.
10.4. Notwithstanding the above changes, the passenger is obliged to pay the price of the trip and other agreed fees, however, taking into account what is stated in clause 14.2. is provided for the passenger's right to a price reduction.
11. The tour operator's right to cancel and interrupt the trip
11.1. The tour operator has the right to cancel the trip if
(a) there are not enough participants registered for the trip and the tour operator has indicated in the pre-trip information or other material (e.g in the itinerary or other travel documents) that the trip depends on the number of participants. The number of participants required may relate to either a single journey or a series of journeys to a specific destination. The passenger must be notified of the cancellation no later than 20 days before the start of the trip.
(b) the ability of the tour operator to complete the journey as agreed has been substantially impeded since the conclusion of the contract due to hostilities, other serious security problems such as terrorism, natural disasters such as floods, earthquakes or weather conditions, strikes, significant risks to human health such as serious illness; or because of a similar situation, or if the journey cannot be made for any other unforeseen reason without endangering the life or health of the passenger.
The passenger must be notified of the cancellation as soon as possible.
11.2. If in section 11. 1.b. if the said situation arises during the trip, the tour operator has the right to interrupt the trip and make other necessary changes to the itinerary. The tour operator shall, without delay after the trip, return to the passenger the part of the price of the trip corresponding to the services not received.
11.3. If the tour operator cancels the trip in accordance with section 11.1. the passenger may request a new equivalent journey at the price paid for the original journey, provided that the organization of the replacement journey does not involve unreasonable costs or inconvenience to the tour operator.
If the price of the replacement journey is lower than the price originally agreed or if the replacement journey does not include the services originally agreed, the passenger must be reimbursed for the difference in price or the part of the price corresponding to the missing services.
11.4. After canceling the trip, the tour operator must return the passenger's payments without delay, unless the passenger receives the information in section 11.3. replacement journey referred to in If the trip is canceled in 11.1.a. on that basis, the tour operator shall also reimburse the passenger for any expenses immediately incurred as a result of the cancellation.
12. The tour operator's right to terminate the contract
The tour operator has the right to cancel the contract if the passenger has not paid the price of the trip or part of it by the agreed payment date at the latest. A condition for the tour operator's right to terminate the contract is that the passenger has received a reasonable period of payment. The document stating the payment period must state the tour operator's right to terminate the contract for non-payment.
13. Error and error message
13.1. There is an error in the tour operator 's performance if
(a) the travel does not correspond in terms of services or other arrangements to what has been agreed or can be considered as agreed,
or
(b) the tour operator has failed to provide the passenger with the information required by the Travel Combinations Act the content of the trip, the necessary travel expenses, health regulations, transport connections with timetables and other necessary information, such as instructions on possible illness, accident or similar event; influenced the decision of the passenger,
or
(c) the tour operator has failed to comply with point 2.5. their obligation to provide assistance in accordance with.
13.2. However, changes or deficiencies which are of a minor nature to the journey as a whole and which the passenger could reasonably have foreseen on the basis of the destination or the nature of the journey shall not be regarded as errors.
13.3. A delay in arrival at the destination or early departure is also not considered an error if the change is due to a reason beyond the control of the tour operator and the stay is reduced by a maximum of 3 hours, a maximum of 8 hours, a maximum of 8 hours and a maximum of 8 days. hours. If the duration of the trip is less than 3 days, an error assessment will be made on a case-by-case basis.
If the change is due to airspace congestion, air traffic control or regulatory action, exceptional weather, an exceptional reason beyond the control of the carrier (including safety risk, unexpected safety deficiencies or industrial action affecting the operating air carrier), or a similar reason, the above shall apply.
13.4. Error message
The passenger may not plead the error unless he notifies the tour operator of the error within a reasonable time after he discovered the error or should have discovered it. An error that can be corrected at the destination must be reported to the guide or other representative of the tour operator at the destination as soon as possible.
If the tour operator does not have a guide or other representative at the destination, the passenger also has the right to report the error to the trader who has been used by the tour operator (i.e a subcontractor, e.g a hotel) and in whose performance the error occurs.
However, the foregoing shall not prevent a passenger from pleading an error if the tour operator or any other trader used by the tour operator to assist in the performance of the contract has acted with gross negligence or dishonesty and worthlessness.
14. Error correction & price reduction
14.1. Error correction
The tour operator must correct the error without delay at its own expense. However, the tour operator may refuse the repair if it would cause unreasonable cost or unreasonable inconvenience. The passenger may refuse to make the repair if it would cause him substantial inconvenience.
14.2. Price reduction
If the error has not been corrected without delay at the expense of the tour operator or if the error cannot be corrected, the passenger is entitled to a price reduction corresponding to the significance of the error.
If the passenger does not use the transport or other services included in the trip or uses them only in part, he is not entitled to a price reduction on this basis.
However, there is no right to a price reduction if the error is minor in relation to the contract as a whole. When calculating the price reduction, the starting point is the total price of the travel package, and not the price of the individual travel service that included the error. In assessing the significance of the error, the individual needs and special wishes of the passenger may also be taken into account when concluding the contract.
15. Damages
15.1. The passenger is entitled to compensation for damage caused to him by an error in the tour operator's performance. The tour operator must compensate the passenger without undue delay.
However, the passenger shall not be entitled to compensation if the tour operator demonstrates that:
the error is due to the passenger;
the error is due to third parties unrelated to the provision of travel services and could not have been reasonably foreseeable or preventable;
the error is due to 15.9. cases of force majeure as referred to in.
15.2. Compensable damages include, for example, extra expenses and useless expenses incurred by the passenger as a result of the error, as well as loss of earnings due to the delay in returning home, additional expenses for arranging an overnight stay and loss of holiday or travel enjoyment. The latter presupposes a significant error in the provision of travel services.
15.3. The passenger shall be entitled to compensation for the obstruction of the use of the goods due to the delay in the carriage of the luggage if, taking into account the duration of the delay and other factors, the passenger must be considered to have suffered inconvenience.
16.4. The passenger must try to limit the amount of damage to the best of his ability. The tour operator is not liable for damage caused by the passenger's own fault.
Compensation may be mediated if it is unreasonable, taking into account the possible contribution of the passenger, the tour operator's ability to anticipate and prevent the occurrence of the damage and other circumstances.
16.5. In the case of damage caused by air, sea or rail transport, compensation shall be determined on the basis of the provisions or agreements applied by the subcontracted transport company in its own activities. The rules on maritime transport (674/1994) or Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents (289/1937) Council Regulation (EC) No on the liability of air carriers for the carriage of passengers and their luggage by air (45/1977), the Air Transport Act (387/1986), the Rail Transport Act (1119/2000),
15.9. Force majeure (unavoidable and exceptional circumstances)
The tour operator shall not be liable for damage caused by force majeure or any other unforeseeable reason which the tour operator or the trader assisted by the tour operator could not have prevented with the utmost care. Such reasons include, for example, hostilities, natural disasters, infectious diseases, strikes and similar events.
The tour operator shall immediately inform the passenger of such a case of force majeure and shall endeavour to minimize the damage suffered by the passenger.
16. Booking errors
A booking error can be caused by a passenger, for example, when he provides the trader with incorrect or incomplete information about the passenger or the journey. It is also the passenger's duty, in accordance with the normal duty of care, to check the documents received, such as the booking confirmation, and to report any deficiencies or errors to the tour operator or travel agent as soon as possible. If he fails to comply with his duty to inspect and this causes him damage, his contribution may be taken into account in determining the compensation to be paid to him.
17. Reduction of compensation received under other legislation
If the passenger has been granted a price reduction or compensation under European Union legislation on passenger rights or international conventions, the amount of compensation shall be deducted from the corresponding compensation granted under these conditions.
The passenger is obliged to notify the tour operator or broker of any compensation received from other parties for the error of the travel package.
18. Claims
18.1. A notice of the error to the tour operator is provided for in point 13.4 .
18.2. Claims for compensation must be submitted to the tour operator in writing within a reasonable time.
19. Disputes
If the dispute concerning the package travel agreement cannot be resolved through negotiations between the parties, the consumer may refer the matter to the Consumer Disputes Board (kuluttajariita.fi). Before taking the matter to the Consumer Disputes Board, the consumer must contact the Consumer Advice (kuluttaneuvonta.fi). The passenger can also take the dispute to the district court of his or her domicile.
