Terms of Use of Visitestonia.com and puhkaeestis.ee

1. Definitions

1.1.    Database – a collection of Content arranged under the terms and conditions set by the Administrator, which is available through the Website and the Software;
1.2.    Administrator – the owner of the Tourist Information System, who is also liable for the administration and development thereof. More detailed data about the Administrator are set out in clause 2 of the terms of use;
1.3.    Personal Data – the data that allow the identification of a natural person;
1.4.    User – a representative of the owner of a tourist product and service, legal person or institution using the Tourist Information System and the Services;
1.5.    Terms of Use – the general terms of use of the Tourist Information System established by the Administrator, which are available to the User on the Website at https://www.puhkaeestis.ee/et/puhka- eestis/kasutustingimused;
1.6.    Contract – an agreement between the Administrator and the User for using the Tourist Information System and the Services;
1.7.    Content – data and materials in any form that can be made available through the Website, incl. texts, translations, pictures, links, videos, files, etc.;
1.8.    Software – the computer programme used to access the Database, collect, enter and save the Content in the Database, search the Database by various parameters, make the Database available to Users and perform other operations necessary for the functioning of the Website and the provision of the Services;
1.9.    Services – all services offered to Users through the Tourist Information System, through which Users can add and consume the Content, search the Database, receive automatic notifications, etc.;

1.10.    Tourist Information System – the Websites, Software, Content and Database in their mutual relationship;
1.11.    Tourist product and service – a product or service offered to tourists to enrich their travel experience. This includes accommodation, food service, tour guide services, excursions, cultural, nature and leisure activities;

2. Data about Administrator

2.1.    The Administrator is the Estonian Business and Innovation Agency (registry code 90006012, registered office Sepise
7, 11415 Tallinn, www.eas.ee).
2.2.    Questions, complaints, proposals, applications and requests related to the Tourist Information System must be submitted to the Administrator in one of the following ways:
2.2.1.    by phone +372 627 9770;
2.2.2.    by e-mail to info@visitestonia.com – an e-mail sent to this address is deemed received by the Administrator if the Administrator sends a reply or acknowledgement of receipt;
2.2.3.    by letter to the postal address Sepise 7, 11415 Tallinn – a letter sent to this address is deemed received by the Administrator in accordance with the rules provided for in the General Part of the Civil Code Act;
2.2.4.    if you have any questions, concerns or complaints regarding your personal data, please do not hesitate to contact us by sending an e-mail to andmekaitse@eas.ee.

3.    Entry into and terms and conditions of Contract

3.2.    In order to use the Tourist Information System and the Services for the purpose of entering and sharing tourist product and service information in the database, each User must enter into a Contract with the Administrator. On behalf of the tourist product and service provider, several different persons may use the Tourist Information System or the Services in accordance with the Contract entered into with the User. Entry into the Contract is deemed to be:

3.2.4.    if a person ticks the box “I accept the terms and conditions” in the request for creating a user account on the Website and then clicks on the button “Submit request”;
3.2.5.    if the document containing the terms and conditions of the Contract has been signed by both the Administrator and the User.
3.3.    Login to the user account is done via the TARA interface.
3.4.    A prerequisite for entry into the Contract with the User is that the User accepts the Terms of Use. If several different Users use the Tourist Information System and the Services in the event of one and the same tourist product or service, each of them must separately accept the Terms of Use. The User accepts the Terms of Use if they send the Administrator an application for creating a user account on the Website or enter into a Contract with the Administrator and continue to use the Tourist Information System or the Services after the Terms of Use have been amended.
3.5.    The Administrator may establish additional terms and conditions and price lists for each Service, which are deemed to constitute an integral part of the Terms of Use. The additional terms and conditions and price lists are available to the User on the Website https://www.puhkaeestis.ee/et/puhka-eestis/kasutustingimused and/or on the page open for the respective Service on the Website and/or in the instructions for the Service and/or are agreed on in the Contract to be separately entered into with the User.
3.6.    Before entry into the Contract, the User must examine the Terms of Use in detail and, at the request of the Administrator, provide a confirmation thereof.
3.7.    The Terms of Use have been drawn up in Estonian. The Administrator also makes translations of the Terms of Use into other languages available to Users, the purpose of which is to facilitate understanding the Terms. In the event of any discrepancies between the Estonian version and the translation, the Estonian version will prevail.

3.8.    The User and the Administrator may agree on terms and conditions of the Contract that differ from or supplement the Terms of Use.

4.    Use of Tourist Information System and Services

4.1.    The Tourist Information System and the Services have been created in order to:
4.1.1.    contribute to the growth and development of tourism export;
4.1.2.    ensure well-arranged, customer-centred, high-quality, impartial and relevant tourist information that has been made available to all stakeholders.
4.2.    The Tourist Information System and the Services may only be used to the extent and for the purposes for which the functionality of the Tourist Information System has been created and made available to the User. The use must be in accordance with the Contract, the Terms of Use, the current good practice of the Tourist Information System and legislation. This means among other things that the User may not:
4.2.1.    use the Tourist Information System and the Services to commit or incite to offences;
4.2.2.    sell, rent or licence the Tourist Information System or any part thereof for a fee, unless it belongs to the User or the User is the holder 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 the events of free use prescribed in law;
4.2.4.    use the Tourist Information System and the Services to the extent to which the User does not accept the established terms and conditions.
4.3. The User must obtain the prior consent of the Administrator, at least in a format that can be reproduced in writing, if the User wishes to:
4.3.1.    offer or mediate the Services to third parties for the purpose of earning income or for other commercial gain;
4.3.2.    use the Tourist Information System or any part thereof in any way or for any purpose other than that prescribed in the Contract or the Terms of Use;

4.3.3.    use the Tourist Information System or any part thereof by means of programmes that send automatic queries to the Tourist Information System;
4.3.4.    interface the Tourist Information System or any part thereof with the systems of the User or third parties;
4.3.5.    use the Tourist Information System or any part thereof or the Services in any other lawful way.
4.4. The Website may only be used with general-purpose web browsers including (but not limited to) Google Chrome, Mozilla Firefox, Microsoft Edge, Safari, etc.
4.5.    The Tourist Information System and the Services are meant to be used via a personal computer, tablet and mobile phone. The Administrator is not liable if the Tourist Information System or the Services fail to function due to reasons arising from any device.

5.    User account

5.1.    In order to use the Services and the Tourist Information System, the User must create a user account on the Website. To do so, the User must provide the data requested by the Administrator, express their acceptance of the Terms of Use and send the Administrator an application for creating a user account of the Website, either by e-mail or at the designated place on the Website. When creating a user account, the User must first enter the data of the owner of a tourist service and product on whose behalf they will use the Services and the Tourist Information System, and the data will be retrieved from the commercial register (the required data are the company name, registry code, address, phone/mobile/fax number, e-mail address and website address). The data required about the User themselves are the given name, surname, personal identification code, phone number and e-mail address, and connection with the legal person.
5.2.    The Administrator may establish additional terms and conditions for creating a user account on the Website.

5.3.    A prerequisite for opening a user account on the Website is that the principal activity of the owner of a tourist service and product is the provision of services in the field of tourism on domestic or foreign markets or that the owner of a tourist service and product provides such services on domestic or foreign markets. In the event of doubt, the Administrator may request the economic operator to provide further evidence on the nature of their principal activity and services in order to assess whether this is actually related to the field of tourism.
5.4.    If several different Users may use the Tourist Information System or the Services on behalf of the owner of a tourist service and product, a user account will be opened for each of them personally on the Website. A natural person who submits an application for creating a user account on the Website in the name of any owner of a tourist service and product is presumed to have the right of representation and the Administrator is not required to verify the existence of their right of representation. In the event of doubt, the Administrator may request that the User submit additional data or materials in order to prove the right of representation or contact the owner of a tourist service and product on whose behalf the User applies for a user account. One and the same natural person may be linked to and represent several different owners of a tourist service and product at the same time. If it appears that the User has no right to represent the owner of a tourist service and product, the Administrator has the right to refuse to create a new account or close an existing account.
5.5.    Each user account is linked to one specific e-mail address. This means that several different user accounts may not be linked to the same e-mail address.

5.6.    Depending on the User’s role and needs, the Administrator may open user accounts with different rights and obligations for different Users and representatives of the owner of the tourist product and service.
5.7.    The User is required to keep the login details of their user account confidential and in such a way that they do not fall into the hands of third parties.
5.8.    The Administrator has the right to send notices to the e-mail address specified by the User in the user account about updates to the Tourist Information System, campaigns, amendments to the Terms of Use, developments in the tourism sector, etc.
5.9.    The user account is active until it is deleted or until the Contract is terminated.
5.10.    The User may at any time demand that the user account be deleted, submitting a respective application to the Administrator, which is also deemed an application for termination of the Contract. Upon deletion of a user account, the information concerning the tourist product or service and the content added by the User will remain in the Tourist Information System and the User may again add them to or delete them from the user account later upon activation of the user account.
5.11.    The User must immediately notify the Administrator if:
5.11.1.    their user ID or password is lost or falls into the possession of third parties;
5.11.2.    if the User has left employment with the owner of a tourist service and product or is no longer involved in the User’s data management or otherwise has no right to act in the Tourist Information System or use the Services on behalf of the owner of a tourist service and product.

5.12.    The Administrator is not liable:
5.12.1.    for an offence committed through the user account or breach of the Terms of Use and for the consequences thereof, incl. for the damage or loss caused to the User thereby, regardless of whether the breach was committed by a person authorised or not authorised by the User to use the User’s user account;
5.12.2.    for the loss of the User’s user ID or password or third parties’ unauthorised access thereto and for the consequences thereof, incl. for the damage or loss caused to the User thereby;
5.12.3.    if the User has not notified the Administrator that the User no longer has the right to act in the Tourist Information System or use the Services on behalf of the owner of a tourist service and product and for the consequences thereof, incl. for the damage or loss caused to the owner of the tourist service and product thereby. In such an event, the User will bear all the liability.

6.    Requirements for Content

6.1.    If the User adds the Content to the Tourist Information System, the User will be liable for the compliance thereof with the terms and conditions of the Contract, the Terms of Use, the current good practice of the Tourist Information System, legislation and other instructions and guidelines provided by the Administrator. The Content must be, among other things, accurate, correct, complete and relevant.
6.2.    The following may not be added or referred to the Tourist Information System:
6.2.1.    The Content that is not related to or is in conflict with the purpose set out in clause 4.1 of the Terms of Use to contribute to the growth and development of tourism export;
6.2.2.    pornographic Content or Content promoting violence or cruelty, obscenity or any other Content that is in conflict with the general moral standards and ethical principles;

6.2.3.    misleading Content, Content that disparages a competitor or goods or services thereof, or other Content that is contrary to the prohibition of unfair competition;
6.2.4.    the Content for the use of whose intellectual property rights in the Tourist Information System the holder thereof (author, performer, licensee, employer, database maker, phonogram producer, producer, publisher, proprietor of a trade mark, etc., or a legal successor thereof) has not granted their consent;
6.2.5.    value judgements that seek to defame the honour and good name of another person or to humiliate, mock or insult another person. Examples of such conduct include defamation and vituperation, as well as instigation to quarrels, inappropriate disputes or lynch law, incitement to hostility or hatred, persecution and discrimination on grounds of sex, racial or ethnic origin (incl. nationality), beliefs or religion, as well as property or social status, or on other grounds;
6.2.6.    personal data without the permission of the data subject;
6.2.7.    confidential information without the permission of the person with regard to whom the duty of confidentiality has been assumed;
6.2.8.    viruses or other computer programmes and files that damage or otherwise interfere with the normal operation of the Tourist Information System or that are stored on the computers of the Administrator or of Users and interfere with or damage normal functioning thereof.
6.3.    The Tourist Information System may be used for the transmission of information, advertising, marketing information, commercial communications and offers through the Services specially prescribed for this purpose and in the prescribed format, taking into account the instructions and guidelines provided by the Administrator or the representatives of the Administrator.

6.4.    The Administrator is not liable:
6.4.1.    for the Content added to or published in the Tourist Information System by the User;
6.4.2.    for the existence of the rights of representation and permits required by the User to sell goods or services or to transmit information, advertising, marketing information, commercial communications and offers thereon, with the exception of the verification of the necessary registration in the register of economic activities in the event of accommodation establishments.

7. Content management

7.1.    The Administrator will regard the User as a publisher of the Content, and the User will therefore be liable for all the Content that the Administrator has published in the Tourist Information System.
7.2.    The Administrator has the right to check the Content added by the User to the Tourist Information System and the operations of the User in the Tourist Information System.
7.3.    The Administrator is not required to monitor the activities of Users or the information or Content they transmit, cache or store in or through the Tourist Information System. The Administrator does not have to look for facts or circumstances that indicate unlawful activities. At the same time, the Administrator is required to provide competent authorities, on the basis of their request, with information that allows the identification of those Users with whom the Administrator has entered into a Contract.
7.4.    If a respective complaint is submitted to the Administrator or if it appears that the Content sent to the Administrator by the User or added to the Tourist Information System by the latter is in conflict with the Contract, the Terms of Use, the current good practice of the Tourist Information System or legislation, the Administrator has the right to:
7.4.1.    refuse to add non-compliant Content to the Tourist Information System or to publish the same on the Website;

7.4.2.    change or delete non-compliant Content or part thereof insofar that this is necessary for bringing the Content into compliance with the Contract, the Terms of Use or legislation, unless this significantly distorts the Content or makes it incomprehensible;
7.4.3.    notify the User of any non-compliances of the Content;
7.4.4.    demand that the User bring the non-compliant Content into compliance with the Contract, the Terms of Use, the current good practice of the Tourist Information System or legislation;
7.4.5.    remove non-compliant Content from the Website, block access thereto or delete the Content.
7.5.    The Administrator may add the Content removed from the Website again to the Website or restore access thereto if the Administrator is provided with convincing evidence of the compliance of the Content with the Contract, the Terms of Use, the current good practice of the Tourist Information System or legislation (e.g. the author’s written consent for using a photo on the Website, etc.).

8.    Intellectual property rights

8.1.    The Tourist Information System and any parts thereof may be protected by intellectual property rights held by the Administrator, their licensors, Users or third parties.
8.2.    The Administrator grants the User, in their everyday economic activities, a royalty-free non-exclusive licence to use the Tourist Information System for the purpose of obtaining and transmitting information throughout the world to the extent that the respective intellectual property rights are held by or licenced to the Administrator and until the expiry thereof, in one or several of the following usual ways of use:
8.2.1.    to browse the pages of the Website and examine the Content made available on the Website;

8.2.2.    to make queries to the Database on the Website through a special technical solution prescribed for this purpose by the Administrator;
8.2.3.    to add Content to the Website through a special technical solution prescribed for this purpose by the Administrator;
8.2.4.    to transmit the Content made available on the Website to third parties outside the Website through a special technical solution prescribed for this purpose by the Administrator.
8.3.    The way in which the intellectual property rights of the Tourist Information System may be exercised is limited to the events expressly permitted in the Terms of Use. In other events, the exercise of intellectual property rights related to the Tourist Information System must be subject to the permission of the holder of the respective rights.
8.4.    The User must obtain the prior consent of the Administrator, at least in a format that can be reproduced in writing, if the User wishes to:
8.4.1.    grant sub-licences for using the Tourist Information System, except for permitting the use of the Tourist Information System on behalf of the User;
8.4.2.    process the Tourist Information System or any part thereof or create, on the basis thereof, Content on new tourist products and services, except for using the public information lawfully available through the Tourist Information System;
8.4.3.    reproduce (copy), distribute, transmit, translate, make available to the public, incorporate into other databases or otherwise use the Tourist Information System or any part thereof in a way that goes beyond the normal use of the Tourist Information System or any part thereof, unless the holder of the intellectual property rights of the respective part has granted their consent thereto.

8.5.    If the User adds Content to the Tourist Information System, the User must ensure that they hold the respective intellectual property rights to the Content or have the permission of the holder of the respective intellectual property rights so that the Content can be lawfully added to the Tourist Information System and used in the Tourist Information System in accordance with the Terms of Use.
8.6.    If any holder of intellectual property rights of the Content is a member of any collective management organisation that unites authors or performers or has entered into a representation agreement with any such agency or another similar representative organisation that holds any intellectual property rights to the Content or has the right to represent the aforementioned persons in connection with the exercise of their intellectual property rights to the Content, the User must ensure that they have entered into the necessary agreements with this organisation so that the respective Content and the related intellectual property rights can be used in the Tourist Information System in accordance with the Terms of Use. Otherwise, the Administrator has the right to enter into the necessary agreements directly with the relevant organisation or to terminate the Contract unilaterally without delay, by submitting a respective application to the User.

8.7.    By entry into the Contract, the User grants the Administrator a royalty-free worldwide non-exclusive licence to use the Content added by the User and exercise the related intellectual property rights along with the right to sub-licence under the same terms and conditions as the terms and conditions of this licence, but without any restrictions with regard to third parties or the technologies used, in order to grow tourism export and develop domestic tourism, incl. to carry out research projects, obtain business benefit and promote sales, until the expiry of the respective intellectual property rights. The licence also covers use on any new platforms, in any new technologies or other forms of service provision that the Administrator may link to the Tourist Information System in the future (e.g. touch kiosks, web solutions for mobile phones and tablets, mobile applications, etc.). Under this licence, the Administrator has the right to:
8.7.1.    reproduce (copy) the Content added by the User – to make, directly or indirectly, one or several temporary or permanent copies of the Content or a part thereof in any form or by any means, incl. for storage in the Tourist Information System;
8.7.2.    distribute the Content added by the User – to transfer copies of the Content or grant the use of the Content to the public or to any third parties, incl. to share copies of the Content with other websites, portals and information services, provided that such third parties have accepted the Terms of Use;
8.7.3.    translate the Content added by the User – to make, publish and supplement translations of the Content into different other languages;

8.7.4.    process the Content added by the User – to modify, adapt, edit, supplement and improve the same, add other tourist products or services (illustrations, comments, explanations, new parts, etc.) thereto and create new tourist products or services by further developing the Content (incl. collections of the Content, derivative works, databases, collective works, joint works, etc.) by further developing the Content. Processing includes, but is not limited to, changing the measurements and other parameters of photos, changing the file name, improving the quality of a photo, correcting spelling mistakes and factual data in texts, etc;
8.7.5.    systematise and compile the Content added by the User in collections – to analyse and arrange the Content, to add it to the Database and to compile and publish collections of the Content;
8.7.6.    exhibit the Content added by the User – to display the Content to the public either directly or by means of film, slides, television or any other technical device or process;
8.7.7.    communicate the Content added by the User – to communicate the Content by radio, television and satellite, and to retransmit it by cable network, as well as to direct the work at the public by other technical means;
8.7.8.    make the Content added by the User available to the public (transmit on the Internet) – to make the Content available to the public in such a way that persons can access the Content from a place and at a time individually chosen by them.

8.8.    If the User has specified the name of the author of the Content, the title (name) of the Content and/or the source of publication of the Content when adding the Content to the Tourist Information System, the Administrator is required to set them out next to the Content. The Administrator is not liable for the accuracy, correctness, completeness or relevance of the name of the author of the Content, the title (name) of the Content and/or the source of publication of the Content as specified by the User. Taking into account clause 12 (1) 2) of the Copyright Act, the author has the right to decide whether and in which way to designate their work, the User must ensure that the personal data of the author of the Content are processed with the corresponding consent of the author of the Content and the Content is designated in the way prescribed by the author.
8.9.    Upon entry into the Contract and each time the User accepts the Terms of Use, the User agrees and declares that:
8.9.1.    they are aware of and do not infringe the Administrator’s intellectual property rights and do not allow other persons related to the User to infringe the respective rights of the Administrator;
8.9.2.    they hold other intellectual property rights to the Content added by them to the Tourist Information System or they have another legal ground for adding the Content to the Tourist Information System;
8.9.3.    they use the Content added by other Users to the Tourist Information System in accordance with the Terms of Use and legislation.
8.10.    The Administrator is not liable for any harmful consequences caused to, incl. damage or loss incurred by, the User or third parties by the exercise of the intellectual property rights of the Content added to or published in the Tourist Information System by the User if the Administrator did everything reasonably expected to prevent or minimise such consequences. All such disputes are resolved and corresponding expenses are borne by the User.

10.    Processing of personal data

10.1.    The Administrator is the controller of the User’s personal data. The Administrator may collect the User’s Personal Data in the course of providing the Service. The Administrator collects Personal Data in a format that can be reproduced in writing or in a written form when entering into the Contract with the User, when providing the Services and otherwise in connection with the use of the Website by the User in accordance with the Terms of Use. Upon provision of all Services, the Administrator saves the log files of the User’s activities in order to ensure the information system security and compliance of the Service with the Terms of Use.
10.2.    The basis for the processing of the User’s Personal Data under the terms and conditions and in the volume provided for in the Terms of Use is the Contract to be entered into between the User and the Administrator.
10.3.    The User has the right, at any time, to request access to or rectification of the Personal Data collected about them, or to request the restriction of the processing thereof, or to request the portability thereof, or to object to the use thereof, or to request the termination of the processing thereof and the erasure of the Personal Data collected, without prejudice to the lawfulness or closure of the processing carried out prior to the withdrawal, as well as the closure of the user account. If it is not possible to provide the Services to the User without such Personal Data, it is deemed that the User has also submitted an application for unilateral termination of the Contract by filing a request for the termination of the processing, erasure or closure of the Personal Data and the Administrator has the right to terminate the provision of the respective Services to the User. If the legal basis for the processing of the Personal Data is consent, it cannot be withdrawn retroactively.

10.4.    The User has the right to file a complaint about the processing of their data with the Data Protection Inspectorate or a court.
10.5.    The Administrator retains the received information about communication with the User and operations in the Tourist Information System in electronic form for up to 5 years, but also makes extracts therefrom in another format, if necessary.
10.6.    The Administrator uses the User’s Personal Data to:
10.6.1.    perform the Contract entered into with the User;
10.6.2.    provide the Services and improve planning thereof;
10.6.3.    segment Users and personalise the Services;
10.6.4.    introduce and offer cooperation opportunities and cooperation partners’ services and goods if this is related to the Tourist Information System and Services thereof;
10.6.6.    analyse the User’s needs and, as a result of this analysis, update the Tourist Information System to better meet the Users’ expectations and conduct;
10.6.7.    perform their obligations arising from legislation (e.g. transmission of data to an investigative body, etc.);
10.6.8.    protect their rights that have been infringed (e.g. transmission of data to the attorney representing the Administrator, etc.).
10.7. The Administrator does not transmit the User’s Personal Data to any third parties, except if referred to in the Terms of Use or in the terms and conditions of personal data processing as published on the Administrator’s website https://eas.ee/isikuandmete-tootlemine/. For example, the Administrator transmits the User’s data:
10.7.1.    on the Website to the public if the User has themselves indicated such data as their public contact details through their user account and has permitted their disclosure;
10.7.2.    to regional representatives, advisers and cooperation partners for the administration of the Tourist Information System or parts thereof;

10.7.3.    in a pre-anonymised form, to carry out market surveys, to analyse the possibilities for growing tourism export and developing domestic tourism, and to market the Tourist Information System (both directly and through communications channels).
10.8.    The Administrator does not use the User’s contact details to transmit information not related to the use of the Tourist Information System, nor does the Administrator add such data to mailing lists not related to the Tourist Information System without the User’s consent.
10.9.    The User may, at any time, refuse from the information, advertising, marketing information, commercial communications and offers sent by the Administrator by sending a corresponding application to the Administrator.
10.10.    Personal Data are processed in accordance with the Personal Data Protection Act and the General Data Protection Regulation.
10.11.    The processing of Personal Data to the extent not regulated herein is subject to the terms and conditions of personal data processing as published on the Administrator’s website https://eas.ee/isikuandmete-tootlemine/ .

11.    Quality and availability of Tourist Information System and Services

11.1.    The Tourist Information System and the Services operate on the “as is” principle.
11.2.    The Administrator constantly updates the mechanisms serving as a basis for the functioning of the Tourist Information System in order to improve the quality of the Services and adds new functionalities to the Tourist Information System.
11.3.    Upon entry into the Contract and each time the User accepts the Terms of Use, the User agrees and declares that:
11.3.1.    the form and nature of the Services and of the Tourist Information System may change and be updated from time to time without prior notice;

11.3.2.    the Administrator may (permanently or temporarily) interrupt the provision of the Services or any part thereof to the User at their own discretion in order to perform maintenance and/or development work, notifying thereof via the User Account on the Website at least three working days in advance;
11.3.3.    the Administrator may abolish some of the Services and of the functionality of the Tourist Information System, for example if it is outdated and no longer relevant;
11.3.4.    in addition to the Website, the Administrator may also introduce other platforms and technologies and link them to the Tourist Information System (e.g. touch 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 and the administration and development of the Tourist Information System in accordance with legislation.
11.4.    The Administrator is not liable:
11.4.1.    for temporary interruption of the provision of the Services or any part thereof if this occurs within the framework of the maintenance and/or development work of which the User has been given prior notice;
11.4.2.    if the User’s mobile communications operator, Internet service provider or other communications and telecommunications companies do not allow the User to access the Tourist Information System or use the Service;
11.4.3.    for any errors in or damage to the User’s hardware, devices or software contained therein or settings thereof that are unsuitable for using the Service or for the consequences resulting therefrom, incl. for the damage or loss caused therethrough, to the User;
11.4.4.    for the reviews collected and processed by TripAdvisor or through another similar platform. A link to the reviews of TripAdvisor or another similar platform has been added next to the tourist product or service of the Website.

12.    Display and parameters of search results

12.1.    The User can search the Website using the search window in the header of the Website, on the general search page and in the map application. Search can be performed by keyword search as well as by hashtags.
12.2.    When searching by keyword and hashtag, the search results are displayed in an order according to specific keyword rules, in order to show the User the most accurate results possible. It is possible to enter a search term and hashtag in the search box, and the system will propose matches according to the text entered by the User.
12.3.    When choosing and filtering tourist products and services, the following prioritisation rules apply when ranking the results:
12.3.1.    products and services that have quality labels (e.g. Green Key, White Guide Nordic, Silverspoon, Estonian Camping Association, Michelin stars, stars of hotels and motels, and other quality labels to be added to the database);
12.3.2.    All others are displayed in a randomly changing order.

13.    Rights of Administrator

13.1.    If the User breaches the Terms of Use, the current good practices of the Tourist Information System, the guidelines established or additional instructions provided by the Administrator or their representatives, or legislation, the Administrator has the right, depending on the severity of the breach, to temporarily:
13.1.1.    restrict the User’s rights to use the Tourist Information System or the Services;
13.1.2.    block the User’s user account on the Website;
13.1.3.    block access to the Tourist Information System or to any part thereof from the IP address of the User’s computer;
13.1.4.    give a reasonable additional term for eliminating the breach and to terminate the Contract if the breach is not remedied.
13.2.    If the User repeatedly or otherwise materially breaches the Terms of Use or fails to eliminate the breaches within the term granted by the Administrator, the Administrator has the right to:

13.2.1.    prohibit the User from using the respective Service;
13.2.2.    delete the User’s user account on the Website;
13.2.3.    block access to the Tourist Information System or to any part thereof from the IP address of the User’s computer;
13.2.4.    terminate the Contract or close the user account without giving any advance notice thereof.
13.3.    Among other things, the Administrator has the right to block access to the Tourist Information System or to any part thereof by a person who uses the Tourist Information System without the Administrator’s consent in any way or for any purpose other than that provided for in the Terms of Use.
13.4.    If a User has published Content through the Tourist Information System that infringes the rights of a third party or is in conflict with legislation and the Administrator has received a complaint or a claim for compensation of damage or loss in this regard, the Administrator has the right to restrict the display of such Content on the Website and, if necessary, to transmit the contact details of the User who published the Content to the person who filed the complaint or the claim for compensation of damage or loss.
13.5.    The Administrator may also implement other legal remedies prescribed in the Contract, the Terms of Use or legislation in order to protect their rights.
13.6.    If the Administrator applies legal remedies, the User may, as a result thereof, lose access to the Services, the Content, their user account data or any other part of the Tourist Information System.

14.    General limitations on liability of Administrator

14.1.    The Administrator is not liable:
14.1.1.    for a breach or persistent breach committed in or through the Tourist Information System, or for the consequences thereof, of which the Administrator is not aware or in respect of which the Administrator has actively taken measures to terminate the offence or to eliminate the consequences thereof. If the Administrator becomes aware of an offence or persistent offence committed in or through the Tourist Information System, the Administrator will do everything reasonably expected to terminate the offence and to eliminate the consequences thereof;
14.1.2.    for the damage or loss suffered by the User or third parties as a result of the Administrator using their legal remedies (e.g. removing infringing Content from the Tourist Information System or blocking access thereto, restricting the User’s rights or blocking the User’s access to their user account or to the Tourist Information System) if this was necessary due to a complaint of a breach filed with the Administrator or a suspicion of a breach raised by the Administrator or directly because the Content or the User’s conduct is in conflict with the Terms of Use, the current good practice of the Tourist Information System or legislation. In such an event, the Administrator is not liable for the damage or loss suffered, even if the complaint was unfounded or if it later appears that no breach had been committed;

14.1.3.    for the malfunctioning of the Service, the Tourist Information System or any part thereof, or for any other breaches arisen due to the occurrence of force majeure. Force majeure is deemed to be any unforeseeable event which does not depend on or is beyond the control of the Administrator or the User, incl. fire, explosion, natural disasters, a lightning strike, war, decisions of state and government authorities, as well as Internet connection outages, technical failures in payment services (bank link, credit card payment, etc.), cyberattacks, etc;
14.1.4.    in other events set out in the Contract, the Terms of Use or legislation.

15.    Final provisions

15.1.    The legal relations between the User and the Administrator arising from the use of the Tourist Information System and the Services are governed by the legislation of the Republic of Estonia.
15.2.    If any clause of the Terms of Use proves to be invalid due to a conflict with legislation, this will have no impact on the validity of the remaining clauses.
15.3.    If a dispute between the User and the Administrator cannot be resolved by way of negotiations, the dispute will be resolved in accordance with the rules prescribed by the legislation of the Republic of Estonia.
15.4.    The User has the right to terminate the Contract at any time. The User has the right to withdraw from the Contract within 14 days of the entry into thereof.
15.5. The Administrator has the right to unilaterally amend the Terms of Use according to the development of the Services and the Tourist Information System.
 The Administrator may amend the Terms of Use if:
15.5.1.    this is due to an amendment to the legislation in force or interpretation thereof;
15.5.2.    a new Service is introduced or the provision of the current Service is terminated;
15.5.3.    a court decision or an administrative act obligating the Administrator to amend the Terms of Use has entered into force;

15.5.4.    there is a need to improve the protection of Personal Data;
15.5.5. technological developments have taken place that make it possible to improve the quality and security of the administration of the Tourist Information System or the Services.
15.6. The Administrator notifies the Users of amendments to the Terms of Use through the Website. The Administrator may notify each User individually of amendments to the Terms of Use by e-mail, but the Administrator is not liable for the delivery of the e-mail if the e-mail address provided by the User does not function or if there are other failures in the receipt of the e-mail arising from the User.