Terms and Conditions
I. Application of Terms & Conditions
1.1. These Terms & Conditions apply as general terms and conditions to all Travel Services provided by Travely Reisibüroo OÜ (registry code 16392189, address Kai 1, 10111 Tallinn, hereinafter Travely).
1.2. Travely does not provide Travel Services independently as a tour operator, but rather brokers (as an agent) the services of other Service Providers. Therefore, all Travel Services made available to Customers by Travely are also subject to the contractual terms and conditions of the Service Provider providing the corresponding service to the Customer. These contractual terms and conditions will be shown to the Customer before entering into a travel contract.
1.3. Where a particular travel service is subject to Travely’s special terms and conditions, the relevant special terms and conditions shall apply in addition to the Terms & Conditions. In the event of any conflict between the Terms & Conditions and the special terms and conditions the latter shall prevail.
1.4. Travely’s Price List is always applicable as an Annex to the Terms & Conditions.
1.5. The Seller has the right to unilaterally amend and supplement the Terms & Conditions by publishing the new Terms & Conditions on the site link. If the Customer confirms the Order before the amendments to the Terms & Conditions enter into force, the legal relationship between the Customer and Travely will be governed by the Terms & Conditions in force at the time the Order was placed.
1.6. The Customer will be able to save, print and, if necessary, reproduce the Terms & Conditions before confirming the Order. By confirming the Order and making the payment, the Customer agrees to the Terms & Conditions.
2. Definitions
2.1. For the purposes of these Terms & Conditions, terms and abbreviations have the following meanings:
2.1.1. Travely – an agent who brokers the services of other tour operators and travel service providers;
2.1.2. Terms & Conditions – these sales terms and conditions applicable as Travely’s general terms and conditions;
2.1.3. Service Provider – the tour operator or travel service provider whose travel services are brokered by Travely;
2.1.4. Travel Service – travel packages and individual travel services, including, for the purposes of these Terms & Conditions, accommodation services;
2.1.5. Customer – a natural or legal person who places or has placed an Order for a Travel Service to Travely;
2.1.6. Consumer – a Customer who is a natural person and not acting in their economic and professional capacity when ordering a Travel Service;
2.1.7. Order – a statement of intent to purchase a Travel Service confirmed by the Customer in Travely’s booking system;
2.1.8. Order Confirmation – a document sent by Travely in response to the Customer’s Order confirming that a Travel Contract has been entered into between the Customer and the Service Provider;
2.1.9. Booking Environment – Travely’s online booking environment, through which the Customer can select a suitable Travel Service, independently execute an Order for the Travel Service, pay for the Travel Service and through which an Order Confirmation is sent to the Customer;
2.1.10. Travel Contract – a contract entered into or to be entered into between the Service Provider and the Customer through Travely, whereby the Service Provider provides the Customer with a Travel Service on the basis of the Service Provider’s contractual terms and conditions and the Customer undertakes to meet the Service Provider’s contractual terms and conditions.
3. Entry into Travel Contract
3.1.1. Travely sells travel services through the Booking Environment link.
3.1.2. To order a Travel Service, the Customer must select a Travel Service in the Booking Environment according to the options provided therein, and proceed to payment. Orders can be placed in the Booking Environment either by logging in as a user or as a guest. Travely asks the Customer to thoroughly examine the Service Provider’s contractual terms and conditions, the rules of entry to the country of destination (including visa, travel document and medical requirements) and consult a Travely travel consultant, if necessary, before placing an Order.
3.1.3. The Customer pays the Travel Service invoice using the payment options available in the Booking Environment. Payment options include: Banklink payments (via Klix.app), Apple Pay.
3.1.4. Before paying the invoice, the Customer checks that the data provided in the Order corresponds to the Customer’s actual request and that all details pertaining to travellers are accurate. In particular, the Customer must make sure that the names and other details of the travellers, the choice of destination, the dates and other relevant data are correct before paying the invoice. It is important to ensure that travellers’ details match the information on their travel document
3.1.5. By paying the invoice, the Customer confirms that they have read and agree to the Terms & Conditions and the Service Provider’s contractual terms and conditions, as well as the conditions of entry to the country of destination, including visa, travel document and medical requirements. The Customer also confirms that the details of the Travel Service and the travellers given in the Order are correct.
3.1.6. If the Customer encounters any problems when placing an Order in the Booking Environment or making payments in the payment environments, the Customer may also place the Order via a Travel Consultant. In such a case, the Travel Consultant will help the Customer to fill in the Order data by email and telephone, introduce the Service Provider’s contractual terms and conditions and Travely’s Terms & Conditions, and issue an invoice for payment for the Order. The Customer confirms by email the accuracy of the data in the Order and pays the invoice. By paying the invoice, the Customer confirms both the accuracy of the data in the Order and the acceptance of the Service Provider’s contractual terms and conditions and Travely’s Terms & Conditions.
3.1.7. Travely is not liable for incorrectly entered data in the Booking Environment and for the placement of Orders that do not correspond to the Customer’s actual wishes. Travely is also not liable for any situation where the Customer and/or the travellers specified in the Order are unable to travel to and/or enter the country of destination for any reason whatsoever.
3.1.8. After payment in the payment environment, the customer must click on the link prompting a return to the merchant.
3.1.9. Travely sends an automatic email to the customer confirming receipt of the Order and the payment. Please note! The automatic email does not constitute an Order Confirmation and the Travel Contract is not yet entered into with this.
3.1.10. If the Customer discovers an error or deficiency in the Order after the invoice has been paid but before the Order Confirmation has been issued, the Customer shall notify Travely immediately. The error or deficiency can be rectified before the Order Confirmation is issued.
3.2.1. Once the invoice is paid, Travely will email an Order Confirmation to the Customer not later than within 72 hours. When paying the invoice for the Travel Service, the Customer confirms that they agree to receive the Order Confirmation electronically by email and do not wish to receive the Order Confirmation on paper.
3.2.2. Travely has the right to abandon the execution of the Order and not enter into a Travel Contract by emailing the Customer with the reason for the abandonment (e.g. if the Service Provider does not confirm the reservation, the Travel Service is sold out, etc.) instead of sending an Order Confirmation. If Travely abandons the Order Confirmation and does not enter into a Travel Contract, the money paid upon placing the Order shall be refunded to the Customer immediately, but not later than within 14 calendar days. The refund will be made to the same bank account from which the Order was paid.
3.2.3. The Travel Contract is deemed to have been entered into when the Order Confirmation is sent. The Customer’s Order, together with payment for the invoice, and the Order Confirmation, shall be deemed to form part of the binding Travel Contract entered into between the Customer and the Service Provider.
3.2.4. Upon receipt of the Order Confirmation, the Customer must immediately verify the accuracy of the names of the travellers, dates and other relevant data and their correspondence with the data entered when placing the Order (see clause 3.1.5 of the Terms & Conditions). Technical errors or deficiencies caused by Travely or the Service Provider, of which Travely has been notified immediately after the sending the Order Confirmation, will be rectified. It is usually not possible to rectify errors or defects at a later time, or it may be subject to an extra charge.
3.2.5. If there is any error or deficiency in the Order Confirmation issued to the Customer, caused by the Customer’s action or inaction, the Order Confirmation and the Travel Contract entered into can only be amended by changing the Travel Service or purchasing a new Travel Service. Amendment options and costs will be determined separately based on the relevant Service Provider’s contractual terms and conditions. In such a case, the Customer undertakes to pay any additional charges incurred as a result of the amendment and/or the purchase of a new Travel Service.
3.2.6. Once an Order Confirmation has been received, the options to amend or cancel it are limited. The Customer shall examine the Service Provider’s terms and conditions of amendment and cancellation of the Travel Service not later than before paying the invoice for the Travel Service. If necessary, Travely’s travel consultant will explain amendment and cancellation options to the Customer. The Customer submits a request to amend or cancel the Travel Service by email or as a user in the Booking System. Amendment or cancellation will normally be subject to a charge, unless determined otherwise by the Service Provider.
3.2.7. Travely shall make Order Confirmations and other travel documents available to the Customer by email.
3.2.8. Travely has the right to refuse to execute the Customer’s instructions and to unilaterally cancel the Order Confirmation without prior notice if the Customer fails to comply with the obligation to pay a charge or if the Customer is in material breach of the Terms & Conditions.
3.3.1. The Customer can always withdraw from Travel Contracts, but this is usually subject to a fee based on the Service Provider’s price list. This is because, in the case of the Travel Service, the service is provided at a specific time and requires the reservation of certain funds and the making of advance payments by Travely and/or the Service Provider on behalf of the Customer, which may be difficult or impossible to refund.
3.3.2. In the case of Travel Contracts, the Consumer generally does not have the right to withdraw from the contract free of charge and without giving any reason within 14 days (hereinafter the Consumer’s right of withdrawal), as provided for in the Law of Obligations Act. Exceptions to this rule may arise from the Service Provider’s contractual terms and conditions.
3.3.3. The Consumer’s right of withdrawal is excluded whenever the Travel Service is provided by a certain date or within a certain time limit, or when entering into a contract implies the reservation of certain funds and the contract is entered into for the provision of the following services: traveller transport service; accommodation service; use of dwelling; use of motor vehicle; catering; travel and baggage insurance or leisure services.
3.3.4. If the Travel Service is not provided by a certain date or if entering into a contract does not require the reservation of certain funds (e.g. a Gift Card), the Consumer has the right to withdraw from the contract free of charge and without giving any reason within 14 days of entering into the contract (payment of the Gift Card invoice). The Consumer loses the right of withdrawal when they start using a Gift Card, including when they communicate the request to use the Gift Card together with the Order and receive the Travel Service Order Confirmation, which specifies the provision of the Travel Service by a certain date or within a certain time limit or the reservation of certain funds. In order to exercise the Consumer’s right of withdrawal, a clear statement of intent must be sent to Travely’s email address reservation@travely.ee.
3.3.5. Travely has the right to withdraw from the Travel Contract on the grounds provided for in the Service Provider’s contractual terms and conditions if the Customer breaches the Service Provider’s contractual terms and conditions or other grounds for withdrawal exist. If Travely withdraws from the Travel Contract due to a breach by the Customer, a contractual penalty shall be applied under the provisions provided for in the Service Provider’s contractual terms and conditions or the advance payment or payments made by the Customer for the Travel Service shall be used in whole or in part to cover the reasonable compensation of the Service Provider.
3.4.1. The Customer is responsible for ensuring the availability of appropriate travel documents. Travely and the Service Providers assume that the Customer, including any minor specified in the Order, has travel documents (passport, identity card, visa, vaccination certificate) for both the country of destination and transit countries.
3.4.2. At the Customer’s request, Travely’s travel consultant will explain the general travel document and health requirements without assuming responsibility for the future validity of these requirements, as they may change without prior notice.
3.4.3. Different visa and travel document requirements may apply to citizens of different countries.
3.4.4. The country of destination has sole competence to decide whether or not to admit a person, even if they have all the necessary documents to enter the country.
3.4.5. Estonian citizens can learn more about travel documents and conditions of entry to foreign countries on the website of the Ministry of Foreign Affairs http://www.vm.ee and https://reisitargalt.vm.ee/.
3.4.6. Travellers must show proof of vaccination to be able to enter certain countries. It is also recommended to explore options for advice on travel medicine https://www.vaktsineeri.ee/en/travel-vaccination.
3.4.7. Travely recommends that Customers take out a travel insurance policy that covers the costs of withdrawal from the contract or the costs of assistance to the Customer and accompanying travellers, including the costs of return travel to the place of departure in the event of accident, illness or death. At the Customer’s request, Travely’s travel consultant will explain what options are available for taking out an insurance policy.
3.5.1. Travely is liable for the proper organisation and execution of the sale of the Travel Service and for providing the Customer with the information required by the Service Provider.
3.5.2. The Customer is liable for the accuracy of the data provided in the Order. The Customer is aware that the provision of false data may lead to claims for damages against Travely by the Service Providers. Travely has the right to claim compensation from the Customer for such damages.
3.5.3. Travely is not liable for the performance of the Service Provider’s obligations arising from the Travel Contract, including the content and validity of the Service Provider’s sales promises. Travely is also not liable if the Service Provider withdraws from its sales promise or changes the price or the terms and conditions of the Travel Service at any time. Travely is also not liable if the Service Provider decides to suspend or terminate the sale and/or provision of the Travel Service without prior notice.
3.5.4. The legal relationship between the Customer and Travely is governed by the legislation of the Republic of Estonia, and any legal disputes are subject to the jurisdiction of Harju District Court.
3.5.5. The legal relationship between the Customer and the Service Provider is governed by the legislation of the country designated by the Service Provider and, in the case of transnational services, by the provisions of international law.
3.5.6. In the application of the law of the Republic of Estonia, the Customer and the Consumer have the right to rely on the legal remedies provided for in the Law of Obligations Act (to require performance of an obligation; to withhold performance of an obligation which is due from the obligee; to demand compensation for damage; to withdraw from or terminate the contract; to reduce the price; in the case of a delay in the performance of a monetary obligation, to demand payment of a penalty for late payment).
3.6.1. The Customer undertakes to notify Travely or the Service Provider immediately of any deficiency in the performance of the Travel Contract. In order to avoid further disputes, this notification should be made at least by email or through other means of communication that can be reproduced. Travely will immediately forward the information to the Service Provider. At the destination, the Customer shall inform the local representative of the Service Provider of the deficiency. When notifying the Service Provider, you must also comply with the Service Provider’s contractual terms and conditions
3.6.2. If a deficiency occurring at the destination of the trip cannot be resolved on site, the Customer must lodge a written complaint to Travely as soon as possible, but not later than within 7 days after the end of the trip or the end of the provision of the purchased Travel Service, and not later than within 2 weeks after becoming aware of the deficiency. If the Customer fails to lodge a complaint within this time limit, they are deemed to have waived their right to lodge a complaint. Written complaints must be sent to Travely’s email address tagasiside@travely.ee or by post to Kai 1, 10111 Tallinn. Evidence of breach of the Travel Contract and documents substantiating any damage must be attached to the complaint.
3.6.3. An attempt shall be made to resolve any disputes by means of negotiations. In case of failure to reach an agreement, the Consumer has the right to contact the Consumer Protection and Technical Regulatory Authority at Endla 10a, 10142 Tallinn or by email: info@ttja.ee
3.7.1. By placing an Order, the Customer consents to Travely processing their personal data for the purpose of organising the entering into and performance of the Travel Contract (see Privacy Policy link). This also applies to system messages concerning the Customer’s registration process and the Booking System. The Customer agrees to the transmission of personal data to third parties, including to the Service Provider and/or persons related to the provision of the Travel Service to the Customer, but only in the manner provided for by law. The Customer is aware of their rights to obtain information at any time about the personal data collected about them and the purposes for which the data are used; information about persons to whom their personal data have been disclosed; to request the rectification of inaccurate data; to request the cessation of processing and the erasure of data where this is in conformity with the law.
Special terms and conditions of accommodation service
1. In addition to Travely’s Terms & Conditions, the following special terms and conditions apply to accommodation orders made through Travely:
The classification system for hotels varies by country and region. Different countries use different names and designations to refer to hotels of the same standard. Hotels are rated on the basis of the number and size of rooms, sanitary conditions and the range of services and amenities offered by the hotel. At the same time, hotels within the same category can be of a very different standard in different countries.
As a general rule, hotels will deliver the room (check-in) from 14:00 to 18:00. If the Customer’s itinerary includes arrival at the hotel after 18:00, Travely must be notified thereof. Travely will then notify the hotel accordingly. Otherwise, the hotel will treat this as a no-show, cancel the booking and, as a rule, issue a penalty invoice. Check-out takes place between 11:00 and 13:00, depending on the hotel. Late check-out is possible only if there are unoccupied rooms available and a separate fee may apply.
We recommend reporting any problems or deficiencies promptly to the hotel reception. Problems and deficiencies that occurred during the stay and could have been solved by notifying the hotel in time will not be refunded in hindsight. If no solution is found to a problem or deficiency in the hotel within a reasonable period of time, the Customer must immediately notify Travely. Notifications from Customers are recorded and timely notification is crucial for subsequent complaint resolution.
The Customer has the right to lodge a complaint about any deficiency regarding accommodation within 7 days from the end date of accommodation. Subsequent complaints may (depending on the terms of service of the accommodation provider) not be accepted.
Hotels require a credit card as a security (or a cash deposit if you do not have one). This is mainly to cover on-site expenses, e.g. minibar, paid-for TV channels and possible claims for damages against the Customer (e.g. in case of damage to the hotel room). The hotel may book a certain amount on your credit card, which will be released upon check-out.
When ordering accommodation, the Customer accepts all terms of service of the hotel and commits to following the hotel’s rules of conduct. The contractual terms and conditions of the specific hotel apply to changes and cancellations of any booked accommodation, including any potential charges for changes and cancellations.
Depending on the type of accommodation and the number of nights spent in a hotel, many countries apply a tourist tax to hotel accommodation. As a rule, the tourist tax is not included in the price of the accommodation service and the Customer must pay it separately to the accommodation provider at the destination.