GENERAL TERMS FOR PACKAGE TOURS

Unofficial translation

If the text is contradictory to the Finnish text, the latter will be followed.

GENERAL TERMS FOR PACKAGE TOURS

The Association of Finnish Travel Agents and the consumer ombuds­man have 4.5.1995 agreed on these general terms.

1. AREA OF APPLICATION

1.1. General terms for package tours

These contract terms are applied to package tours having a duration of more than three days, that are acquired mainly for private purposes and cover at least transportation and accom­modation as well as are sold or offered for sale in Finland, for which purpose the tour operator (organizer) has been established in Finland.

1.2. Complementing and adding specific terms to the gener­al terms

The tour operator has the right to complement and specify the general terms for package tours with special terms that must not be to the disadvan­tage of the passenger in violation of these general terms.

1.3. Special conditions

The tour operator has the right to apply special conditions that differ from these general terms, provided that the special condi­tions are not to the disadvan­tage of the passen­ger in violation of the Act on Package Tours, if the application of special conditions is relevant due to the excep­tional nature of the tour, unusual regulations concern­ing the manner of transportation (for example, booking or sale terms for regular flights) or exception­al conditions at the destina­tion of the tour.

2. PACKAGE TOUR CONTRACT AND RESPONSIBILITY FOR FULFILLING THE CONTR­ACT

2.1. The tour operator is responsible towards the passenger for that the package tour complies with the contract. The respon­sibility concerns also such performances that shall be carried out by enterprisers employed by the tour operator in order to fulfill the contract (for example, carrier companies or hotels).

2.2. A travel agent (retailer) of package tours is, in the same way as the tour operator, liable for the truthfulness of any information to be supplied to the passenger and for the performance of the contract. However, such liability does not arise if the travel agent acts on behalf of a tour operator established in Finland and if the passenger is aware, when concluding the contract, of this and of the impact of the fact on his rights.

2.3. A circumstance that the passenger is required under these contract terms to communicate to the package operator may, alternatively, be communicated to the travel agent.

2.4. Contents of contract

The tour includes that service and those arrangements that have been agreed between the passenger and the tour operator. When evaluating the contents of the contract, one shall take into account the documents concerning the tour as well as the contents of the tour operator's brochures and other marketing material.

2.5. Obligation to assist

Should, during the tour, the passenger fall ill, become the victim of an accident or a crime or face any similar occurrence, the tour operator shall assist him in the securing of medical services or a premature repatriation, in the examining of any crime or accident involved, and in similar actions. The pass­enger alone is responsible for the costs of special ar­rangements carried out by the tour operator because of the passenger's predicament.

If a situation implied by clause 12.1.b. arises during the tour, the tour operator shall assist the passenger in the same manner as above and as much as possible try to limit the damages and inconveniences befalling the passe­nger.

3. CONCLUDING THE CONTRACT AND PAYING THE PRICE OF THE TOUR

3.1. The contract is binding for the passenger when he has booked the tour and, within the time set by the tour operator, paid the reservation payment defined by him.

3.2. The final payment of the price shall be paid within the time defined in the brochure or agreed otherwise. When the passenger has paid the tour price, he has the right to receive, in good time before the start of the tour, all documents concerning the tour.

4. PASSENGER'S RIGHT TO CANCEL THE TOUR WITHOUT SPECIAL REASON

The passenger may without special reason cancel the tour as fol­lows:

4.1.a) At the latest 28 days before departure, by paying the tour operator a service fee defined beforehand.

b) Later than 28 days but at the latest 14 days before departure, by paying the reservation payment.

c) Later than 14 days, but at the latest 48 hours before departure, by paying 50 % of the tour price.

d) if the tour is canceled later than 48 hours before departure, the tour operator has the right to charge the entire price of the tour.

4.2. If the price of the tour is such that a group consisting of two or more passengers is to be accommodated in the same room or apartment and someone of the members of the group cancels his tour, the tour operator has in consequence of the cancel­lation the right to charge a reason­able extra fee. The person canceling his tour and the group members participating in the tour are jointly re­sponsible for paying the extra compensation to the tour operator.

4.3. If the tour is not canceled and the passenger does not within the agreed time arrive at the agreed location of depar­ture, or he is not able to partici­pate in the tour because he, due to reasons that are his responsibility, does not possess the documents necessary for the tour - for example, he does not have a valid passport, visa, identification or vaccina­tion certificate - he does not have the right to get the tour price paid back.

5. PASSENGER'S RIGHT TO CANCEL THE TOUR BECAUSE OF A MAJOR OCCURRENCE

5.1. The passenger has the right to cancel the tour and get the tour price paid back with the service fee  subtracted, if it would be unreasonable to demand that he participates in the tour, because

a) he or some close person of his becomes the victim of a sudden serious illness or accident or dies. Close persons are a spouse, a party of a couple in cohabitation, children, par­ents, parents in law, brothers and sisters, children's chil­dren, grand­parents or travel companions that have booked the tour together with the passenger and according to the contract are to be accom­modated in the same room or apartment; or

b) the passenger or the travel companion together with whom he has booked the tour encounters an unforeseen and major occurrence that makes it unreasonable to demand that he participates in the tour. Companion passengers are the passenger's children or parents, or other persons that according to the contract are to be accommo­dated in the same room or apart­ment as the passenger in question.

An unforeseen and serious occurrence may amount to major damage to property, for example, fire in the passenger's home.

5.2. The passenger shall without delay communicate to the tour operator that the tour is canceled. The reason for the cancellation shall be verified with a reliable account, for example, a doctor's cer­tificate, a protocol from a police investigation or a certificate provided by an insurance company. The verifi­cation shall be deliv­ered to the tour operator as soon as possible and at the latest two weeks after the reason for the cancellation of the tour occurred, provided it is not unrea­sonably difficult for the passenger to comply with the said time period.

5.3. If the price of the tour is such that a group con­sist­ing of two or more persons are accommodat­ed in the same room or apart­ment and someone of the group members because of a major obstacle cancels his tour according to section 5.1., the tour operator does not have the right to charge the extra compensation mentioned in section 4.2.

However, the tour operator has because of the cancellations the right to carry out reason­able changes to the accommodation of the rest of the group, provided that the quality of the tour does not become less than agreed.

6. PASSENGER'S RIGHT TO CANCEL THE TOUR BECAUSE OF CHANGES DONE BY THE TOUR OPERATOR OR BECAUSE OF CIRCUMSTANCES AT THE DESTI­NATION

6.1. The passenger has the right to cancel the tour, if

a) the departure of the tour or the time for returning home is moved for more than 30 hours from the agreed time,

b) the tour operator significantly alters the arrangements of the tour. A significant change is, for example, a change of carrier that significantly increases the travel time, a change of the destination or a change that clearly reduces the quality of the accommodation,

c) he has a valid cause to believe that it will not be possible to carry out the tour as agreed without jeopardizing his life or health because of actions of war, natural disaster, strike or similar events at or near the destination. When evaluating the reason for the cancellation, one shall in the matter take into account the opinion of Finnish authorities,

d) he otherwise has a valid cause to believe there will be a major fault in the tour operator's performance.

6.2. The passenger shall without delay communicate to the tour operator about the cancellation of the tour.

6.3. Section 10.4. states the right to cancel the tour because of price revision upwards.

6.4. When the passenger in cases mentioned above cancels the tour, he has the right to get the tour price paid back as well as compensation for expenses, caused by the tour, that have become needless because of the cancellation.

In cases according to clauses 6.1.a., 6.1.b. and 6.1.d., the passenger has the right to alternative­ly demand that the tour operator ar­ranges a new, equivalent tour for the same price as paid for the original tour. In addition, section 12.3. is applied to the substitute tour.

7. PASSENGER'S RIGHT TO INTERRUPT THE TOUR AND AVOID THE CONTR­ACT

7.1. The passenger has the right to interrupt the tour, if

a) the tour operator grossly has failed to realize his obligations or the realization of the tour in some other respect turns out to be so erroneous that the tour does not meet its originally intended purpose. The passenger has also on these grounds the right to avoid the contract after the tour; or

b) a situation according to clause 6.1.c. occurs during the tour.

7.2. If the passenger interrupts the tour or avoids the contr­act, he has the right get the tour price and other payments made to the tour operator refunded. If the tour operator's performance has given the passenger benefits, the passenger shall pay a compen­sation to the tour operator, the amount of which shall correspond to the value of the perfor­mance for the passenger.

7.3. If the passenger interrupts the tour on grounds according to clause 7.1.a., the tour operator shall at his own expense arrange the passenger's return transport, if necessary. The trans­portation shall take him to the starting point of the tour or to some other agreed destination on a carrier similar to the origi­nally agreed one.

7.4. If the passenger according to clause 7.1.a. has the right to avoid the contract, he can alternatively demand that the tour operator provides a new, equivalent tour for the price he has paid for the original tour. In addition, section 12.3. is applied to the replace­ment tour.

7.5. If the passenger interrupts the tour on grounds according to clause 7.1.b. and the tour operator does not in accordance with section 2.5. assist him to arrange repatriation, the passenger may himself take the necessary actions. However, the passenger shall try to minimize the costs and other damage that possibly will befall the tour operator.

8. PASSENGER'S RIGHT TO CHANGE THE CONTRACT AND TRANSFER IT TO A THIRD PERSON

8.1. By paying, in addition to the price of the new tour, the booking fee, the passenger can 28 days at the latest before departure change the date of departure, the destina­tion or hotel. The tour operator has the right to interpret later changes as a cancel­lation of the tour and booking of a new one.

8.2. By paying the service fee, the passenger has the right to transfer his rights accord­ing to the contract to third person fulfilling the conditions that possibly have been set for participa­tion in the tour. The transferor and transferee are jointly responsible for paying the tour price and booking fee to the tour operator. The tour operator shall at the latest 48 hours before departure be informed about the transfer.

9. PASSENGER’S OBLIGATIONS AND RESPONSIBILITY

9.1. The passenger shall during the tour obey instructions and regulations related to the realization of the tour that have been given by the authorities, the tour operator or his represen­tative, as well as obey the regulations of hotels and carriers.

9.2. The passenger may not through his behavior disturb other passengers. If the passenger significantly disregards his obli­ga­tion, he may be refused departure or removed from the tour. In that case the passenger has not the right to get the price refunded and he is himself responsible for the costs of his repatriation.

9.3. The passenger is responsible for damages that he willfully or through careless behavior causes the tour operator or a third party - for example, damage that may occur if he dis­obeys the above mentioned regulations.

9.4. The passenger shall, following instructions given by the tour operator, personally acquire the documents (passport, visa, vaccination certificate) that are necessary for the tour, and any insurance protection he considers necessary during the tour.

10. PRICE CHANGES

10.1. After the conclusion of the contract the tour operator has the right to increase or reduce the agreed price of the tour, because of the following:

a) a change in taxes and other public charges affecting the price of the package,

b) changes in carrier costs that the tour operator cannot influence and that he could not have taken into account when the contr­act was made, or

c) a change in the rate of exchange which affects the costs of the package; the consumer ombudsman and the Association of Finnish Travel Agents will, if necessary, negotiate for the supplementing instructions on how to calculate the changes in the exchange rates.

10.2. A price revision upwards shall not exceed the rise in the costs. The price shall be reduced at least as much as the costs have decreased. However, the price change shall be at least 2 % of the price for the

cheapest alternative for accommo­dation on the same tour and day of departure. The tour operator shall as soon as possible inform the passenger about the new price.

10.3. The tour price shall not be revised upwards within the 21 days preceding the date on which the tour starts. On the other hand, the tour operator has no obligation to reduce the price during that period.

10.4. If the tour price after the conclusion of the contract is in­creased by more than 10 % (calculated according to sec­tion 10.2.), the passenger has the right to avoid the contr­act. The passenger shall within one week after having been informed about the price increase, inform the tour operator that he avoids the contract.

11. TOUR OPERATOR'S RIGHT TO MAKE MINOR CHANGES TO THE TOUR PROGRAM

11.1. If the tour operator in consequence of circumstances independent of him cannot follow the agreed travel schedule, he has the right to change hotel, accommoda­tion location, carrier and time schedule or make other changes to the tour program that do not significantly change the nature of the tour. The passenger shall as soon as possible be informed about the changes.

11.2. The tour operator has because of low enrollment the right to change carrier, route and time table, provided that the changes do not significantly change the nature of the tour. The passenger shall at the latest 14 days before the departure be informed about the changes.

11.3. Regardless of the changes mentioned above, the passenger is obliged to pay the tour price and other agreed fees. Howev­er, herewith shall be taken into account what is said in section 15.2. con­cerning the passenger's right to a price reduction.

12. THE TOUR OPERATOR'S RIGHT TO CANCEL AND INTERRUPT THE TOUR

12.1. The tour operator has the right to cancel the tour, because

a) of a sub-minimum of those enrolled for the tour on the sole condition that he has stated in either in the tour brochure or, if such is lacking, in the booking documents, that the performance depends on the number of those who have enrolled. The required number of participants may concern a particular tour or a series of tours to a particular location. The passenger shall at the latest 21 days before the departure be informed about the cancella­tion.

b) the tour operator's possibilities to carry out the tour as agreed has become significantly worse after the settlement of the contract because of an action of war, a natural disaster, strike or similar events at or near the desti­nation or if the tour because of some other unforeseen reason cannot be carried out without jeopardizing the passenger's life or health. The passenger shall as soon as possible be notified about the cancellation.

12.2. If a situation according to clause 12.1.b. arises during the tour, the tour operator has the right to interrupt the tour and make other necessary changes to the travel program. The tour operator shall after the tour promptly refund the passenger with that part of the tour price that corre­sponds to the service he did not receive.

12.3. If the tour operator in consequence of reasons according to section 12.1. cancels the tour, the passenger may claim its substitution through a new package at the price he paid for the original one. The tour operator may, however, refuse to arrange a substitute if it would involve him unreasonable costs or unreasonable inconvenience.

If the tour operator and the passenger agree upon a substitute the price of which is cheaper that initially agreed upon or which lacks any services originally agreed upon, the passenger shall be refunded the balance between the two prices or the price element covering the services lacking.

12.4. After the cancellation of the tour, the tour operator shall promptly pay refund the passeng­er's payments, provided the pass­enger does not get a substitution tour according to section 12.3.

If the tour is canceled in consequence of reasons according to clause 12.1.a., the tour operator shall compensate the passenger for expenses that are directly related to the tour and have become useless because of the cancellation of the tour. If the passenger is informed about the cancellation of the tour later than 60 days before the departure of the tour and he does not receive a replace­ment tour, the above men­tioned compen­sation shall be equal to at least the booking fee.

13. THE TOUR OPERATOR'S RIGHT TO CANCEL THE CONTRACT

The tour operator has the right to cancel the contract if the passenger at the latest on the agreed day has not paid the price of the tour. A prerequisite for the tour operator to have the right to cancel the contract is that the passenger has been given sufficient time to pay. In the document stating the payment time shall be said that the tour operator has the right to cancel the contract because of payment neglect.

14. FAULT AND COMPLAINT

14.1. The tour operator's performance contains a fault, if

a) the tour with its service and/or other arrangements does not conform to what was can be deemed agreed on,

b) the tour operator has neglected to provide the passenger with information about the terms that are applied to the tour and required by the Act on Package Tours nor has he given informa­tion on the contents of the tour nor on necessary documents or health regu­lations concerning the tour or carrier connections including time tables, nor other information needed by the passenger, for example, instructions in case of illness, acci­dent or other simi­lar instances during the tour, and that this can be assumed to have affected the passenger's decision-making; or

c) the tour operator fails to provide assistance in accordance with section 2.5.

14.2. Faulty performance shall not, however, include any minor changes or flaws in the arrangements that the passenger has, in view of the target or nature of the tour , reasonably been able to foresee.

14.3. Neither is a late arrival to the destination or a prema­ture return journey considered a fault, if the change is due to reasons that are independent of the tour operator, and provided the stay at the destination is shortened with at most 6 hours during tours shorter than 5 days, or at most 8 hours during 5 - 8 days long tours and at most 12 hours during tours longer than 8 days.

If the reason of the change is due to congestion in air traf­fic, or actions taken by air-traffic control, exceptional weather or similar reasons, the above times are doubled.

14.4. Complaints

The passenger loses his right to relay on a fault if he fails to notify the tour operator within a reasonable time after he discovered or should have discovered the fault. Faults that can be corrected at the desti­nation shall be communicated as soon as possi­ble to the tour guide or a local representa­tive of the tour operator.

However, the above said does not prohibit the passenger from relying on a fault, if the tour operator or some other enter­priser assisting him is guilty of gross negligence or conduct which is incompatible with the demands of honour and good faith.

15. FAULT REMEDY AND PRICE REDUCTION

15.1. Fault remedy

The tour operator shall promptly at his own expense remedy the fault. However, the tour operator has the right to refuse to remedy the fault, if the remedy would cause excessive costs or inconve­nience. The passenger has the right to resist the remedy of the fault, if that would cause him major inconvenience.

15.2. Price reduction

If the fault is not remedied promptly at the tour operator's expense or if the fault cannot be remedied, the passenger has the right to a price reduction that shall correspond to the significance of the fault.

If the passenger does not use transportation or other services during the tour or uses them only partly, he has no right to a price reduction on this basis.

16. INDEMNITY

16.1. The passenger shall be entitled to compensation for any personal injury, damage to property or financial loss that he has sustained on account of a fault involved in the tour operator's performance if the fault, injury or damage was due to negligence on the part of the tour operator himself or an agent used by him for the fulfillment of the contract. To be relieved from such liability, the tour operator shall prove that no negligence existed on his part.

16.2. Damages that shall be compensated are, for example, extra costs caused to the passenger because of the fault, expenses that have become needless and lost of income in consequence of a late return home as well as extra costs because of staying for night.

16.3. The passenger shall, in compliance with the criteria stated in section 16.1., also have a right to compensation for any hindered availability of his luggage, etc. due to a delayed transport if it must, seeing to the duration of the delay and any other relative circumstances, be deemed to have inconvenienced the passenger.

16.4. The passenger shall to the best of his ability try to limit the extent of the damage.

The tour operator is not responsible for damage caused by the passenger's own actions.

One may negotiate the indemnity if, considering the passe­nger's possible own actions and the tour operator's possi­bili­ties to foresee and prohibit the damages as well as other circumstanc­es, one may assume that the indemnity is excessive.

16.5. Concerning damages arising during air-, seaborne- or railway transportation, the compensation for damage shall be determined according to those regulations or contracts, which the transport company acting as a subcontractor applies in his own business actions.  

When defining the tour operator’s liability for compensation concerning seaborne transportation, the Finnish Maritime Act (674/1994) is taken into account and concerning railway transportation, the provisions of the Railway Transport Act (1119/2000) or the terms of the Convention concerning International Carriage by Rail (COTIF, Finnish Treaty Series 5/1985) are taken into account.

The compensations for damage of air transportation are determined in general according to the Montreal Convention (Finnish Treaty Series 78/2004) and the Council Regulation (EC) No 2027/97 (on Air Carrier Liability in the Event of Accidents). In case the provisions of the Montreal Convention and of the Council Regulation (EC) No 2027/97 are not applicable to the transportation, the compensations are determined by the Warsaw Convention, which is implemented in Finland by the Conveyance by Aeroplane Act (289/1937), the Air Transport Agreement Act (45/1977) or the Air Transport Act (387/1986).

16.6. Force majeure

The tour operator is not responsible for damage caused by a force majeure or other unfore­seen events that the tour operator or an enterpriser assisting the tour operator could not have prevent­ed even through utmost care. Such events are, for example, an action of war, natural disaster, contagious disease, strike or similar situations.

The tour operator shall promptly communicate to the passenger of such force majeure events and as much as possible try to limit the damage befalling passenger.

17. INDEMNITY CLAIMS

17.1. Section 14.4. contains regulations concerning complaints to the tour operator.

17.2. Indemnity claims shall be delivered in writing to the tour operator no later than two months after the end of the tour, provided there are no special reasons to extend the time for complaints.

18. DISAGREEMENTS

18.1. If the tour operator and the passenger cannot reach una­nimi­ty, for example concerning the interpretation of the contract or about the amount of a compensation, the passenger can bring the matter to the consumer complaint board.

18.2. The passenger can also bring the matter of disagreement to the district court of his domicile.