Terms of Use for visitestonia.com and puhkaeestis.ee
1. Definitions
1.1. Database – a set of content that is organised according to conditions set out by the Administrator and that is accessible via the Website and Software;
1.2. Administrator – the person responsible for the management and development of the Tourism Information System;
1.3. Personal Data – data that enables identification of a natural person;
1.4. User – a natural or legal person who uses the Tourism Information System and Services;
1.5. Conditions of use – general terms and conditions established by the Administrator, which are accessible to the User on the Website https://www.visitestonia.com/en/terms-of-use;
1.6. Contract – an agreement between the Administrator and the User for the use of the Tourism Information System and Services;
1.7. Content – any form of data and materials that can be made available through the Website, incl. texts, translations, images, links, videos, files, etc.;
1.8. Software – a computer programme used to access the Database; to collect, enter and save Content in the Database; to conduct searches in the Database based on various parameters; to make the Database available to the Users and for conducting other operations necessary for the functionality of the Website and for the provision of Services;
1.9. Services – all services offered to Users through the Tourism Information System, through which Users can add and consume Content, conduct searches in the Database, receive automatic notifications, etc.;
1.10. Tourism Information System - Websites, Software, Content, and Database linked with various relations thereof;
1.11. Websites – a set of all online documents (incl. images, PHP and HTML files, campaign pages) accessible via visitestonia.com and puhkaeestis.ee and their sub-domains.
2. Data concerning the Administrator
2.1. The Administrator is Estonian Business and Innovation Agency (non-profit associations and foundations register code:90006012, address: Sepise 7, 11415 Tallinn, website: www.eas.ee).
2.2. Any questions, complaints, proposals, requests and applications related to the Tourism Information System should be submitted to the Administrator by using one of the following contact options:
2.2.1. telephone +372 627 9770;
2.2.2. e-mail address abi@puhkaeestis.ee or help@visitestonia.com – an email sent to this address is deemed to have been received by the Administrator if the Administrator sends a reply or confirmation of receipt of the email;
2.2.3. postal address Lasnamäe 2, 11412 Tallinn – the letter sent to this address is deemed to have been received by the Administrator in accordance with the procedure provided for in the General Part of the Civil Code Act;
2.2.4. and if you have any questions, concerns, or complaints regarding your personal data, please feel free to contact us by sending an e-mail to andmekaitse@eas.ee.
3. Conclusion and the Terms and Conditions of the Contract
3.1. In order to use the Tourism Information System and Services, every User is required to conclude a Contract with the Administrator. If several different persons are able to use the Tourism Information System or Services on behalf of the User, the Contract concluded with the User shall extend to all these persons as well. A Contract shall be deemed concluded if:
3.1.1. on the Website, in the form for creating a user account, the box "I accept the terms and conditions" has been marked, after which the "Confirm", "Register", "Create an account" or any other similar button, which confirms the submission of an application, has been clicked;
3.1.2. the use of the Services, the Tourism Information System or part thereof does not require the existence of a user account on the Website, then the Agreement is deemed to have been concluded at the start of actual use of the Services, the Tourism Information System or a part thereof.
3.2. The prerequisite for the conclusion of the Contract is that the User agrees to the Conditions of Use. If several different persons are able to use the Tourism Information System and Services on behalf of the User, then all of them have to provide separate consent to the Conditions of Use. The User agrees to the Conditions of Use if they send an application to the Administrator for creating a user account on the Website or when they conclude a Contract with the Administrator or continue to use the Tourism Information System or Services after the Conditions of Use have changed.
3.3. The Administrator may impose additional terms and conditions to each Service, which will be considered integral parts of the Conditions of Use. Additional conditions and price lists are accessible to the User on the Website's page https://www.visitestonia.com/en/terms-of-use and/or on a page concerning the particular Service on the Website and/or in the instructions of the Service and/or agreed upon in a separate Contract concluded with the User.
3.4. The User is required to read the Conditions of Use thoroughly prior to concluding the Contract and to submit a confirmation of agreeing to the conditions, should the Administrator request this.
3.5. The Conditions of Use have been compiled in Estonian. The Administrator will make the Conditions of Use available for Users in other languages as well, in order to facilitate easier understanding of the conditions. In case of discrepancies between the Estonian version and the translation, the Estonian version shall prevail.
3.6. The User and the Administrator may agree on different Conditions of Use or additional Terms and Conditions of the Contract.
4. Using the Tourism Information System and Services
4.1. The Tourism Information System and Services were created in order to:
4.1.1. contribute to the development of tourism export and the development of domestic tourism;
4.1.2. ensure well-organized, customer-centered, high-quality, impartial and relevant tourism information that is made available to all interest groups.
4.2. The Tourism Information System and Services may be used only to the extent, for the purposes and objectives for which the Tourism Information System functionality has been created and made available to the User. The use must be in accordance with the Contract, the Conditions of Use, the good practice enforced in the Tourism Information System and legislation. This means, among other things, that the User cannot:
4.2.1. use of the Tourism Information System and Services for committing offenses or encouraging offenses;
4.2.2. sell, rent or license the Tourism Information System or any part thereof for a fee, except if it belongs to the User or if the User is the owner of the respective intellectual property rights;
4.2.3. decompile or reverse engineer the Software or otherwise attempt to derive the source code of the Software, except in cases of lawful use for free use;
4.2.4. use the Tourism Information System or Services in an extent the conditions of which they do not agree to.
4.3. The User must seek prior consent of the Administrator, at least in a format that can be reproduced in writing, if the User wants to:
4.3.1. provide or intermediate Services to third parties for the purpose of earning income or other commercial gain;
4.3.2. use of the Tourism Information System or any part thereof, in any other manner or purpose than what has been set out in the Contract or the Conditions of Use;
4.3.3. use the Tourism Information System or any part thereof by using programmes that send automatic queries to the Tourism Information System;
4.3.4. interface the Tourism Information System or any part thereof with the systems of the User or of third parties;
4.3.5. use the Tourism Information System, any part thereof or Services in any other legal way.
4.4. Using the Website is only permitted for general-purpose web browsers such as, but not limited to, Mozilla Firefox, Internet Explorer, Opera, Chrome, Safari, etc.
4.5. The Tourism Information System and Services are intended for use on a personal computer. The Administrator shall not be held liable if the Tourism Information System or Services do not function on mobile phones, PDA-s, tablets or e-readers.
5. User account
5.1. For the use of certain Services and parts of the Tourism Information System, the User must create a User Account on the Website. To this end, the User must provide the information required by the Administrator, express acceptance of the Conditions of Use and send an application to the Administrator to create a user account of the Website either by e-mail or on the Website at the place provided for it. In case of a legal person, the required data is the company name, registry code, address, telephone / mobile / fax number, e-mail address and company website address. In case of a user who is a natural person, the required information is their first name, last name and e-mail address, and the relation with the User who is a legal person.
5.2. The Administrator may set additional terms and conditions for creating a user account on the Website.
5.3. The prerequisite for entrepreneurs for opening a user account on the Website is that tourism services are the main activity of the company or it provides services in the field of tourism on the domestic or foreign markets. In case of doubt, the Administrator may require the entrepreneur to provide additional evidence of their main activities and the nature of the services in order to assess whether it is actually related to the field of tourism.
5.4. When, on behalf of a legal entity, the Tourism Information System or Services can be used by several different individuals, a personal account for each of them will be created on the Website. When natural person who submits a statement to create a user account on the Website on behalf of a User who is a legal person, the right of representation is presumed and the Administrator is not required to verify the existence of the right of representation. In case of doubt, the Administrator may require the natural person to submit additional information or materials to verify the right of representation, or to seek confirmation directly from the legal person who is the User and on whose behalf the natural person requests the user account. One natural person can simultaneously be linked with and represent multiple Users who are legal persons.
5.5. Each user account is linked to one specific email address. This means that several different user accounts cannot be linked to the same email address.
5.6. Depending on the role and needs of the User or their representative, the Administrator may open user accounts for different Users and their representatives with different rights and obligations.
5.7. Upon opening a user account, the Administrator issues the username and password to the User or their representative by e-mail. The User and their representatives undertake to keep the username and password associated with their user account secret and in such a way that it does not become accessible to third parties.
5.8. The Administrator has the right to forward, to the e-mail address specified by the User on their user account, messages and newsletters concerning updates of the Tourism Information System, its campaigns, changes in the Conditions of Use, developments in the tourism sector, etc. By agreeing to the Conditions of Use, the User agrees to the forwarding of such information to their e-mail address.
5.9. The user account is valid for an indefinite period, until deletion or until the termination of the Contract.
5.10. The User may at any time request the deactivation of their user account by submitting, to the Administrator, a corresponding application, which will also be considered to be a statement of termination of the Contract, and after which the Administrator shall cease to process personal data. Upon user account deactivation, the User's data and the content they have added will remain in the Tourism Information System, and the User may, if they wish, link them with their user account again when they reactivate their account.
5.11. The User or their representative must immediately inform the Administrator:
5.11.1. of the loss of their username or password or of those having been obtained by third parties;
5.11.2. if their representative (e.g., a member of the management board, a shareholder, employee or other contractual partner), who has had an active user account, has left the User or is no longer involved in the User's data management or does not have the right to use the Tourism Information System or Services on behalf of the User for some other reason.
5.12. The Administrator is not liable for:
5.12.1. a violation conducted through the User Account or a violation of the Conditions of Use and its consequences, including damage to the User, regardless of whether the person at fault was authorized or unauthorized to use the user account by the relevant User;
5.12.2. the loss of a User's username or password or the unauthorized access of third parties and resulting consequences, including damage to the User;
5.12.3. if the User has not informed the Administrator that their representative is no longer entitled to operate in the Tourism Information System or to use the Services on the User's behalf, and for resulting consequences, including damage to the User.
6. Content requirements
6.1. If the User adds Content to the Tourism Information System, they must ensure that it conforms to the Terms and Conditions of the Contract, the Conditions of Use, the good practice enforced in the Tourism Information System and legislation. Among other things, the Content has to be accurate, valid, thorough and relevant.
6.2. The following must not be added to or linked from the Tourism Information System:
6.2.1. Content not related to the purpose of contributing to the increase of tourism exports and the development of domestic tourism or Content that contradicts those goals;
6.2.2. pornographic Content or Content that promotes violence or cruelty, insults and other Content that is in violation of general moral standards and ethical principles;
6.2.3. Content that is misleading, derogatory towards competitors or their goods or services, or other Content that does not comply with the ban against unfair competition;
6.2.4. Content the use of intellectual property rights of which in the Tourism Information System no consent has been acquired from the owner of the rights (author, performer, licensee, employer, database maker, phonogram producer, producer, issuer, trademark owner or their successor, etc.);
6.2.5. value judgments aimed at defaming the name and reputation of another person, humiliating, mocking or insulting them. Action with such an aim can be, for example, defamation or retaliation, as well as incitement to conflicts, inappropriate disputes or mob justice, incitement to hatred, persecution and discrimination based on sex, racial or ethnic origin (including nationality), beliefs or religion, as well as property, social status or other circumstances;
6.2.6. personal data without the permission of the respective data subject;
6.2.7. confidential information without the permission of the person to whom confidentiality is assumed;
6.2.8. viruses or other computer programmes and files that damage with, or otherwise interfere with, the normal operation of the Tourism Information System, or that are stored on the computers of the Administrator or Users and interfere with or impair their normal operation.
6.3. The Tourism Information System may be used for the transmission of information, advertising, marketing information, commercial communications and offers through the Services provided specifically for this purpose and in the prescribed format, taking into account the instructions and guidelines given by the Administrator or the Administrator's representatives.
6.4. The Administrator is not liable for:
6.4.1. Content added to or published by the User on the Tourism Information System;
6.4.2. the User having the necessary rights of representation and permits to sell particular goods or services or to transmit information, advertisements, marketing information, commercial notices or offers concerning those goods or services, except for checking that accommodation companies have the necessary registration on the register of economic activities.
7. Content management
7.1. The Administrator regards the User as a publisher of Content.
7.2. The Administrator has the right to inspect the Contents that the User has added to the Tourism Information System and the User's actions in the Tourism Information System.
7.3. The Administrator is not required to monitor User activity or information or Content cached or stored on or transmitted through the Tourism Information System by Users. The Administrator is not obligated to be on the lookout for facts or circumstances that indicate illegal activities. However, the Administrator is required to provide the competent authorities, upon request, with information enabling them to identify the Users with whom the Administrator has concluded a Contract.
7.4. If a respective complaint is filed to the Administrator or it becomes evident that the Content provided by the User to the Administrator or added to the Tourism Information System does not comply to the Contract, the Conditions of Use, the good practice enforced in the Tourism Information System, or legislation, then the Administrator has the right to:
7.4.1. refuse to add non-compliant Content to the Tourism Information System or its publication on the Website;
7.4.2. amend or delete the non-compliant Content or part thereof to the extent that it is necessary to ensure that the Content complies to the Contract, the Conditions of Use or legislation, unless it significantly distorts or renders the Content incomprehensible;
7.4.3. inform the User of non-compliant Content;
7.4.4. demand that the User bring the non-compliant Content into compliance with the Contract, the Conditions of Use, the good practice enforced in the Tourism Information System or legislation;
7.4.5. remove the non-compliant Content from the Website, restrict access to it or delete the non-compliant Content.
7.5. The Administrator can publish again or reinstate access to Content that has been removed from the Website due to a complaint if convincing evidence of the Content's compliance with the Contract, the Conditions of Use, the good practice enforced in the Tourism Information System or legislation (e.g., the author's written consent to use the photo on the Website) has been submitted to the Administrator.
8. Intellectual property rights
8.1. The Tourism Information System and any part thereof may be protected by intellectual property rights belonging to the Administrator, its licensors, users or third parties.
8.2. The Administrator grants to the User, including a User who is a legal person, in their everyday economic activities a free, non-exclusive licence to use the Tourism Information System for the purpose of obtaining and transmitting information throughout the world to the extent that the corresponding intellectual property rights belong to or have been licensed to the Administrator, and until their expiry, for one or more of the following methods of normal use:
8.2.1. browsing pages of the Website and accessing the Content made available on the Website;
8.2.2. submitting requests to the Database through the technical solution set out for this purpose by the Administrator on the Website;
8.2.3. adding Content to the Website through the technical solution set out for this purpose by the Administrator;
8.2.4. downloading Content made available on the Website, through the technical solution set out for this purpose by the Administrator, saving this Content on their computer and printing it;
8.2.5. forwarding Content made available on the Website to third parties outside of the Website by using the technical solution set out for this purpose by the Administrator to do so.
8.3. The use of the intellectual property rights of the Tourism Information System is limited to cases clearly recognized in the Conditions of Use. In other cases, the permission of the respective holder of rights must be sought out for the use of intellectual property rights related to the Tourism Information System.
8.4. The User must seek prior consent of the Administrator, at least in a format that can be reproduced in writing, if the User wants to:
8.4.1. grant sub-licences for the use of the Tourism Information System, except for the use of the Tourism Information System on behalf of the User;
8.4.2. process the Tourism Information System or any part thereof, or create new objects based on those, except for the use of public information that is legally available through the Tourism Information System;
8.4.3. reproduce (copy), distribute, transmit, translate, make available to the public, switch to other databases or otherwise use the Tourism Information System or any parts thereof in a way that surpasses the limits of normal use of the Tourism Information System or any part of it, except if the owner of the intellectual property rights of the respective part has provided their consent for this.
8.5. If the User adds Content to the Tourism Information System, the User must ensure that they have the corresponding intellectual property rights to that Content or have the permission of the respective intellectual property rights holder so that the Content can be legally added to the Tourism Information System and used in the Tourism Information System in accordance with the Conditions of Use.
8.6. If any holder of intellectual property rights of the Content is part of any organisation that collectively represents authors or performers or has signed a representation contract with an agency or other similar representation establishment that has intellectual property rights concerning the Content or that has the right to represent the aforementioned persons connection with the exercising of their intellectual property rights with respect to the Content, the User must ensure that they have made the necessary agreements with this organization so that the respective Content and related intellectual property rights can be used in the Tourism Information System in accordance with the Conditions of Use. Otherwise, the Administrator has the right to conclude the necessary agreements directly with the relevant organization or immediately terminate the Contract unilaterally by submitting a corresponding statement to the User.
8.7. By concluding the Contract, the User gives the Administrator an international non-exclusive licence for free to use added Content and related intellectual property rights with the right of sub-licensing under the same conditions as those of the aforementioned licence, but without restrictions to third parties or technologies used, for the purpose of increasing tourism exports and developing domestic tourism, including research projects, for commercial gain and promotion, until the expiry of the respective intellectual property rights. The license also covers use on any new platforms, new technologies or other forms of service that the Administrator may link with the Tourism Information System in the future (touch-sensitive kiosks, web-based solutions for mobile phones and tablets, mobile applications, etc.). On the basis of this licence, the Administrator has the right to do the following with Content that a User has added:
8.7.1. reproduce (copy) – to make one or more temporary or permanent copies of the Content or a part thereof, directly or indirectly, in any form or in any manner, including for the purpose of saving it in the Tourism Information System;
8.7.2. distribute – to transfer copies of Content or to provide the Content to the public or any third parties, incl. sharing of copies of Content with other websites, portals and information services, provided that these third parties have agreed to the Conditions of Use;
8.7.3. translate – to compile, publish and supplement translations of Content into various other languages;
8.7.4. process – to change, adapt, edit, supplement, improve, add other objects (illustrations, comments, explanations, new parts, etc.) to it, and create new objects by further developing the Content (Content collections, derived works, databases, collective works, shared works, etc.). Among other things, changes include altering the dimensions and other parameters of photographs, changing file names, increasing the quality of photographs, adding a watermark, correcting spelling errors and factual data in texts.
8.7.5. systematise and compile into collections – to analyse and organize Content, add it to the Database and compile and publish Content collections;
8.7.6. exhibit – to display the Content directly to the public or through a film, slide, television or any other technical device or process;
8.7.7. forward – to transmit Content via radio, television and satellite, and cable retransmission, as well as to direct the work to the public through other technical means;
8.7.8. make available to the public (to be transmitted on the Internet) – to make the Content available to the public in such a way that individuals can use the Content at a place and time of their choosing;
8.8. If the User has included the Content author's name, Content title (name) and/or Content source upon adding said Content to the Tourism Information System, the Administrator is obligated to include those details with the Content. The Administrator is not responsible for the accuracy, validity, completeness or relevance of the Content author's name, Content title (name) and/or Content source. Taking into account § 12 (2) of the Copyright Act, the author has the right to decide whether and in what way to mark their work; the User must ensure that the personal data of the author of the Content is processed pursuant to the respective consent of the author of the Content and that the Content is marked in the manner prescribed by the author.
8.9. The User agrees to and confirms, upon the conclusion of the Contract and upon acceptance of the Conditions of Use that:
8.9.1. they are aware of the intellectual property rights of the Administrator and do not violate the intellectual property rights of the Administrator, nor do they permit other persons related to them to violate the Administrator's respective rights;
8.9.2. they own other intellectual property rights to the Content added to the Tourism Information System by them or they have a different legal basis for adding this Content to the Tourism Information System;
8.9.3. they shall use the Content added by other users to the Tourism Information System in accordance with the Conditions of Use and legislation.
8.10. The Administrator is not responsible for the consequences caused to the User or third parties in relation to the intellectual property rights of Content added to the Tourism Information System or disclosed there by the User, incl. damages, if the Administrator has done everything that can be reasonably expected of them in order to prevent or reduce such consequences. All aforementioned disputes shall be resolved and the costs shall be borne by the User.
9. Transactions between Users
9.1. The Administrator does not participate (as an agent, broker, commissioner, representative, etc.) in actual sales or other transactions made by the Users, that are conducted as a result of published information, advertising, marketing information, commercial communications and offers posted on the Website, unless otherwise provided in the Conditions of Use. Prices displayed on the website are set by professional service providers who are legal entities. We do our best to keep the information on the Website always updated, but to have the most accurate information, please contact the service provider.
9.2. The Users conclude transactions without the intervention of the Administrator and are fully responsible for the performance of the transactions concluded between them, excl. cases where a corresponding exception has been made in the Conditions of Use.
9.3. If the User is represented by another person at the conclusion of the transaction, the User shall be responsible for ensuring that this other person is clearly recognizable to third parties as the User's representative and that their representative has the necessary authorisation to conclude the transaction.
9.4. The Administrator is not liable for:
9.4.1. the negotiations, conclusion and performance of the contract between the Users, including (but not limited to) payment, delivery of goods, provision of services, contractual conditions, guarantees and other terms of the contract between Users;
9.4.2. solving disputes that have occurred between Users;
9.4.3. if the User modifies information, advertising, marketing information, commercial notices or offers submitted by them to the Tourism Information System.
10. Protection of Personal Data
10.1. The Administrator is the chief processor of the User's Personal Data. During the provision of a Service, the Administrator may collect the Personal Data of a User or of natural persons using the Tourism Information System on their behalf on the basis of consent given by a natural person. The Administrator collects Personal Data in a format that can be reproduced in writing or in writing at the time of concluding the Contract with the User, during the provision of the Services and otherwise using the Website in accordance with the Conditions of Use. In the case of provision of all Services, the Administrator shall store the User's or the natural person's (who is using the Tourism Information System on their behalf) computer's IP address for security purposes and to ensure compliance with Conditions of Use of the Service.
10.2. The User or the natural person using the Tourism Information System on their behalf agrees, by signing the Contract, that the Administrator may process their Personal Data under the conditions and in the extent provided for in the Conditions of Use. The User or the natural person using the Tourism Information System on their behalf has the right to withdraw the consent at any time without affecting the legality of the processing of Personal Data conducted on the basis of the consent prior to the withdrawal, by contacting the Administrator to do so. In case of withdrawal of consent, the User who is a natural person will no longer be able to use the Tourism Information System.
10.3. The User, who is a legal person, has the right at any time to request the review of the Personal Data collected concerning them or to demand that the data be corrected or demand restriction of the processing of data, or request the transfer, object to the use, or require the termination of the processing of their Personal Data and the deletion or closure of the collected Personal Data, as well as the deactivation of the user account. If, without such Personal Data, it is not possible to provide the Services to the User, then the User is deemed to have filed, with the application to terminate the processing of Personal Data, deletion or closure, also an application for the unilateral termination of the Contract, and the Administrator has the right to terminate the provision of the respective Services to the User. The aforementioned consent for the processing of Personal Data cannot be withdrawn retrospectively.
10.4. You have the right to submit a complaint concerning unlawful processing of Personal Data to the Estonian Data Protection Inspectorate or to the court.
10.5. The Administrator stores the information received concerning the communication with and operations of the User or the natural person using the Tourism Information System on their behalf in electronic form for up to 5 years, but, if necessary, makes extracts of those in other formats.
10.6. The Administrator uses the aforementioned Personal Data for:
10.6.1. the performance of the Contract concluded with the User;
10.6.2. the provision and improvement of Services;
10.6.3. the segmentation of Users and personalization of Services;
10.6.4. improving the security of the Tourism Information System;
10.6.5. the promotion and provision of services and goods of specific partners of the Administrator;
10.6.6. analysing the User's needs and updating the Tourism Information System on the basis of analysis results so that it would be more suited to the behaviour and expectations of Users;
10.6.7. fulfilling its obligations arising from legislation (transfer of data to an investigative body, etc.);
10.6.8. protecting their rights that have been violated (transfer of data to a lawyer representing the Administrator, etc.).
10.7. The Administrator does not transfer Personal Data regarding a User of the natural person using the Tourism Information System on their behalf to third parties, except when this has been set out in the Conditions of Use or in the conditions for processing of personal data that have been published on the website of Estonian Business and Innovation Agency www.eas.ee. For example, the Administrator shall transfer the User's data:
10.7.1. to the Public on the Website, if the User has marked, through their user account, that kind of data as their contact details and consented to its publication;
10.7.2. to regional representatives, advisers and co-operation partners for the management of the Tourism Information System or its parts;
10.7.3. for conducting market research, in a previously anonymized form, for analysing the possibilities for tourism export and developing domestic tourism, and for marketing of the Tourism Information System (both directly and through communication channels).
10.8. The Administrator does not use the contact details received concerning the User or the natural person using the Tourism Information System on their behalf for the transmission of information not related to the use of the Tourism Information System, nor shall this data be added, without the consent of the User or of the natural person using the Tourism Information System on their behalf, posting lists that are not directly associated with the Tourism Information System.
10.9. The User or the natural person using the Tourism Information System on their behalf, has the right to object to receiving information, advertising materials, marketing information, commercial notices and offers sent by the Administrator, by sending a corresponding application to the Administrator.
10.10. The User or the natural person using the Tourism Information System on their behalf, has the right to see the information concerning them that the Administrator has and to demand that the data be amended.
10.11. Personal Data is processed in accordance to the Personal Data Protection Act and the General Data Protection Regulation.
10.12. The processing of Personal Data in the extent that it is not regulated here is subject to conditions for the processing of data published on the website www.eas.ee.
11. Quality and accessibility of the Tourism Information System and Services
11.1. The Tourism Information System and Services are operated according to the "As is".
11.2. The Administrator constantly updates the mechanisms of operation of the Tourism Information System in order to improve the quality of the Services and adds new functionalities to the Tourism Information System.
11.3. The User agrees to and confirms, upon the conclusion of the Contract and upon acceptance of the Conditions of Use that:
11.3.1. The form and characteristics of the services and the Tourism Information System may change from time to time and be renewed without prior notice;
11.3.2. The Administrator may discontinue (permanently or temporarily) the provision of the Services or any part of the Services at their discretion to perform maintenance and/or development work, by notifying the User thereof at least three business days in advance via the User's user account on the Website;
11.3.3. some Services and functionalities of the Tourism Information System may cease to exist after some time;
11.3.4. The Administrator may, in addition to the Website, introduce other platforms and technologies and link them to the Tourism Information System (touch-screen kiosks, web solutions for mobile phones and tablets, mobile applications, etc.);
11.3.5. The Administrator has the right to terminate the provision of the Services, as well as the maintenance and development of the Tourism Information System in accordance with legislation.
11.4. The Administrator is not liable for:
11.4.1. temporary discontinuance of the provision of Services or any part thereof, if this occurs in the course of maintenance and/or development work, of which the User has been notified;
11.4.2. if the User's mobile operator, internet service provider or other communications and telecommunication companies do not allow the User to access the Tourism Information System or to use a Service;
11.4.3. errors, damages or settings unfit for using the Service in the User's hardware, devices or software used on those, nor for the consequent results, incl. damages;
11.4.4 The administrator is not responsible for reviews collected and processed by TripAdvisor. The link to the TripAdvisor reviews is added to the website objects.
12. Displaying and parameters of search results
12.1. The user can perform the Website search though the search window in the header of the Website, general search page, map application and on certain content pages and theme pages. In the search window, general search page and map application, search can be performed by keyword search as well as category selection and filtering. Content pages and theme pages allow searching through category selection and filtering.
12.2. When performing keyword search, the search results rankings have certain keyword-specific rules in order to display as accurate results as possible for the User, and preferential displaying is not applied. You can enter a search word in the search box and the system will offer results to the text entered by the User, note that the system will be displaying the so-called autocomplete search results, i.e. 10 first most accurate results. Users can move on to the general search page in order to display all results.
12.3. When selecting and filtering object categories, the following preferential display rules are applied when ranking the results:
- Objects with quality labels (Ehe, Green Key, White Guide Nordic, Silverspoon, Michelin stars, The Estonian Camping Association, hotel and motel stars).
- All other objects.
12.4. In each object group set out in the ranking mentioned in 12.3.1-12.3.4, objects are displayed randomly changing order (the order of objects in the group changes when the browser is refreshed).
13. Administrator's legal remedies
13.1. If the User violates the Conditions of Use, the good practices enforced in the Tourism Information System, the instructions established by the Administrator or its representatives, additional instructions issued by them or legislation, the Administrator shall have the right, depending on the gravity of the violation, to temporarily:
13.1.1. restrict the User's rights of use concerning the use of the Tourism Information System or Services;
13.1.2. to block a User's user account on the Website;
13.1.3. prevent access of the IP address of the computer of the User or the natural person using the Tourism Information System to the Tourism Information System or any part thereof;
13.1.4. provide a reasonable additional deadline for the elimination of the violation and, in the case of failure to do so, to terminate the Contract.
13.2. If the User repeatedly or otherwise seriously violates the Conditions of Use, the Administrator shall have the right to:
13.2.1. ban the User from using the relevant Service;
13.2.2. delete the User's user account on the Website;
13.2.3. ban access to the Tourism Information System or any part thereof for the IP address of the computer of the User or the natural person using the Tourism Information System on their behalf;
13.2.4. terminate the Contract without prior notice.
13.3. Among other things, the Administrator has the right to block access to the Tourism Information System or any part thereof for any person who uses the Tourism Information System without the Administrator's consent in any other way or purpose than provided for in the Conditions of Use.
13.4. The Administrator may also apply other remedies provided for in the Contract, Conditions of Use, or legislation.
13.5. If the Administrator applies remedies, then as a result, the User may lose access to the Services, the Content, their user account data, or any other part of the Tourism Information System.
14. General restrictions of the Administrator's liability
14.1. The Administrator is not liable for:
14.1.1. A violation committed in or sustained by the Tourism Information System or its consequences, or consequences thereof of which it is unaware or concerning which it has actively taken measures to terminate the violation or to eliminate the consequences. If the Administrator becomes aware of a violation committed in or sustained by the Tourism Information System, it will do everything reasonably expected of them to bring such a violation to an end and to eliminate its consequences;
14.1.2. the damage caused to the User or third parties in connection with the fact that the Administrator used their remedies (e.g., they removed Content that was in violation from the Tourism Information System or prevented access to it, restricted the rights of the User or prevented them from accessing their user account or the Tourism Information System), if this was necessary due to a complaint submitted to the Administrator concerning the violation or due to the Administrator's suspicion of violation, or directly due to that fact that the Content or User's behaviour is in violation with the Conditions of Use, the good practice enforced in the Tourism Information System or legislation. In such a case, the Administrator shall not be liable for the damage sustained even if the complaint was unfounded or it later becomes apparent that it was not a violation;
14.1.3. the non-performance or other violations of the Services, the Tourism Information System or any part thereof, if it has been caused by the occurrence of force majeure. Force majeure is deemed to be any unforeseen event that does not depend on the Administrator or the User, or over which they have no control, including fire, explosions, natural disasters, lightning strike, war, decisions of the authorities and government, as well as interruption of the internet connection, payment services (bank link, credit card, etc.) technical failures, cyber attacks, etc.;
14.1.4. in other cases set out in the Contract, the Conditions of Use or legislation.
15. Final provisions
15.1. Legislation of the Republic of Estonia is applied to legal relations between the User and the Administrator concerning the use of the Tourism Information System and the Services.
15.2. If any of the Conditions of Use proves to be invalid due to non-compliance with legislation, that will not affect the validity of other conditions.
15.3. If a dispute between the User and the Administrator cannot be resolved by negotiation, the dispute shall be resolved in accordance with the legislation of the Republic of Estonia, in the case of a legal person in the Harju County Court.
15.4. The User has the right to terminate the Contract at any time. A User who is a natural person has the right, as a consumer, to withdraw from the Contract within 14 days from the conclusion of said Contract.
15.5. The Administrator has the right to unilaterally change the Conditions of Use in accordance with the development of the Services and the Tourism Information System. The Administrator may change the Conditions of Use if:
15.5.1. this is due to a change in the current legislation or in its interpretation;
15.5.2. the introduction of a new Service or the termination of the provision of a previous Service;
15.5.3. Constant complaints from Users;
15.5.4. a judicial decision or administrative act, that foresees the changing of Conditions of use, has been enforced to the Administrator;
15.5.5. necessity to enhance protection of Personal Data;
15.5.6. changes in the organisation of work, competence or authorisation of the Administrator;
15.5.7. technological developments that improve the management of the Tourism Information System or the quality and security of the Services.
15.6. The Administrator notifies the Users of changes to the Conditions of Use through the Website at least two weeks before the enforcement of the changes. The Administrator may notify each User of changes to the Conditions of Use by e-mail, but is not responsible for delivery of the e-mail if the e-mail address given by the User does not function or if other errors (on the User's side) occur with regard to receiving the e-mail.
