Contract terms for rural trips
These updated contract terms approved on June 14, 2011 were negotiated by Matkailu's theme group YTR and the consumer representative.
§ 1. Scope of application
These conditions apply to a contract regarding a rural trip, when a rural tourism entrepreneur offers rural tourism services to a private customer or a group of two or more customers. The terms and conditions also apply when applicable, when rural tourism services are offered to other companies or communities.
§ 2. Definition
In these terms, rural tourism service means
b) accommodation and other tourism services that are not essential for the whole; or
c) one or more of the following programmatic services; catering, organization of parties, parties and meetings, organization of leisure and hobby opportunities, such as fishing, skiing, hiking, horse-riding, canoeing and forest trips, as well as service-related guidance, guidance and training. (Travel packages according to the Package Travel Act apply to the Package Travel Act and the general package travel conditions drawn up pursuant to it.)
Section 3. Formation of the contract
The contract is created and these terms and conditions become binding on the parties when the terms and conditions have been available to the customer and he has then made at least an advance payment.
Section 4. Terms of payment
If the service is booked no later than 28 days before its start date, an advance payment of 25% of the total price of the service is made within 7 days of the reservation, however, so that the full price of the service is always paid no later than 28 days before the start of the service. If the reservation is made later, the full price of the service will be paid when booking it.
If the reservation is made by phone, the payment (advance payment or if, as stated above, the consumer must pay the full price of the service when making the reservation) must be made within two banking days to the account indicated by the entrepreneur. The information regarding the service (duration of the service, destination, name of the product package) and the reservation number provided by the entrepreneur must also be noted on the payment slip. Before using the service, the customer must present a receipt or other proof of the payment made.
If the customer does not comply with the payment terms, the entrepreneur has the right to consider the reservation canceled and the contract terminated. The entrepreneur must immediately notify the customer of the termination of the contract and return any payments minus the cancellation costs in accordance with section 5.
Section 5. The customer's right to cancel the contract
If the customer or a close person living in the same household with him suddenly becomes seriously ill, has a serious accident or dies, or is faced with another serious event, for example significant damage to property such as an apartment fire (force majeure), due to which it would be unreasonable to require him to participate in the product/holiday/ trip, the customer has the right to cancel the contract and get back the price paid for the service minus the delivery costs, the amount of which has been notified to the customer in advance. However, payments are not refunded if using the service has already started.
The obstacle must be reported immediately. An illness, accident or other event preventing the use of the service must be proven with a reliable certificate.
The customer's right to cancel the contract without a special reason,
a) no later than 28 days before the start of the service by paying the shipping costs announced in advance;
b) later than 28 days but no later than 14 days before the start of the service by paying 25% of the total price of the service;
c) later than 14 days, but no later than 48 hours before the start of the service by paying 50% of the total price of the service.
If the contract is terminated later or the customer does not inform the entrepreneur before the service begins that he will not use the service, the entrepreneur has the right to charge the full price of the service.
The customer must always inform that he does not use the service or uses substantially less than agreed, for example the number of people or the duration change from the agreed. The notification must be made in writing or otherwise, taking into account the circumstances, in an appropriate manner to the address indicated by the entrepreneur. The contract is considered terminated or changed at the moment when the customer's notification has arrived at the entrepreneur. If the customer shows that the notice was given to the right address at the right time, the notice is considered to have arrived at the time when it should have reached the entrepreneur according to the rules, even if the notice is late or does not arrive.
If the entrepreneur sells the canceled service to a third party, the entrepreneur is obliged to return to the customer the price previously paid for the service to the extent that it was received from the third party. However, the entrepreneur has the right to deduct the shipping costs announced in advance from the amount to be returned.
Section 6. The entrepreneur's right to terminate the contract
The entrepreneur has the right to cancel the contract or suspend the performance of the service if a force majeure, such as a fire, natural disaster, action by the authorities, a strike or another comparable, unpredictable event beyond the control of the entrepreneur prevents or substantially complicates the implementation of the service. If the contract is terminated, the customer must be refunded the entire price paid or, if the service is suspended, the price corresponding to the unfulfilled part.
The entrepreneur must immediately notify the customer of an obstacle due to which the service is not implemented.
Section 7. Responsibility for the execution of the contract
The entrepreneur is responsible for ensuring that the customer receives the services in accordance with the contract as they are marketed or as separately agreed for each reservation.
Section 8. Liability of the parties and damages
The customer has the right to compensation for damage caused to him by an error in the entrepreneur's performance, if the error or damage is due to the negligence of the entrepreneur or another business operator used to help him. Compensable damages are, for example, extra expenses incurred by the customer due to a mistake and expenses that have become useless.
The entrepreneur is not responsible for damage caused by a force majeure or other unforeseeable cause, which the entrepreneur or the business operator used to help him could not have prevented even by acting with the utmost care. The entrepreneur must notify the customer of the obstacle without delay and strive to act so that the damage suffered by the customer remains as small as possible.
The customer must follow the comprehensible instructions, warnings and regulations given by the entrepreneur related to using the service and use safety-related equipment according to the instructions. The customer is responsible for the damage caused intentionally or negligently, which he or a minor under his supervision causes to the entrepreneur or third parties. The customer is obliged to ensure that he has the valid documents required to use the service, such as a passport, visa, driver's license, firearms permit and a receipt for the fishing maintenance fee. The entrepreneur is not responsible for the voluntary insurance the customer needs on the trip, but the customer is responsible for his own insurance coverage and its coverage, e.g. cancellation coverage.
If the customer does not use all the agreed services or uses them only partially, he is not entitled to a price reduction or a refund on this basis.
Section 9. Notices and dispute resolution
The customer is obliged to immediately notify the entrepreneur or his representative of possible deficiencies, which can be corrected already during the use of the service. Other possible remarks that could not have been corrected during the use of the service and claims for compensation must be made in writing to the entrepreneur within a reasonable time after the error was discovered or should have been discovered. If the customer and the entrepreneur cannot reach an agreement, the customer can refer the dispute to the Consumer Disputes Board.