Version 09/06/2023

These Terms and Conditions (“TC”), together with the Privacy Policy govern the use of the eSimply Travel online mediation platform (“eSimply Travel Platform”) which can be accessed through https://eSimply.org/.

The eSimply Travel Platform is available to users worldwide.

1. About us

We, RBO Kaubandus OÜ, Reg. No 16631547, Harju maakond, Tallinn, Lasnamae linnaosa, Paekaare tn 58-81, 13613, Estonia (“eSimply Travel ” or “we” or “us” or “Company”) is the operator of the Company and is responsible for it accordingly. Our platform is available worldwide in multiple languages and is quick and easy to use.

We operate the Company as an intermediary platform on which tours and Activities (“Activity”) are offered online by a variety of local activity providers such as amusement parks, museums, tour guides, boat tours around the world (“Suppliers”). The Activities include, for example, guided tours, cooking classes, sightseeing tours by bus, boat trips, and other services. We act as a commercial agent for the Suppliers. The descriptions, photographs, and other content for its own Activities originate from the respective Suppliers. We, therefore, have no direct influence on such content.

2. Scope

2.1 These TC apply to all visitors to and users of the Company and to all content within the offered operating systems (“Users”). As soon as you use the Company Travel Platform, you are obliged to comply with these TC. Therefore, please read them carefully during your first use.

2.2 They are available online and apply to all of our services, unless more specific terms and conditions for a specific service prevail. Should this be the case, we will make this clear at the appropriate time. Any of your terms and conditions that conflict with or deviate from the TC shall not apply unless we have expressly agreed to them in writing.

2.3 The use of the Company is only for you personally, i.e. you may not use it under any circumstances for business purposes. Keyword: Reselling guides is absolutely forbidden! This means that any use that goes beyond your personal use in your private environment and/or serves commercial or business purposes, those personally connected to you and/or other third parties, in particular the commercial resale of guides, is strictly prohibited.

3. What we do

3.1 You can view Activities on the Company Travel Platform. The contract for the provision of the Activity is concluded exclusively and directly between you and the Supplier (“Service Agreement”). When you buy an Activity on the Company Travel Platform, you are not buying anything from us, but directly from the Supplier. Service Agreements are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions directly between Suppliers and Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any activities ourselves and therefore do not become your contractual party to any Service Agreement. We do not act as the organizer, the landlord, reseller or other contractual partner in relation to the Service Agreement with you. We receive a commission from the Supplier for brokering the Service Agreement.

3.2 In the interest of a fast and smooth process, you may direct questions about your booking to the Company Travel customer service. For this purpose, you can find various forms on Contact us Company Travel, as well as through our hotline. As commercial agents, we support the Suppliers in this process. We usually answer within 24 hours, or at the latest usually within 48 hours. The communication between you and the Supplier can be done directly. In case of emergency, the contact details of the respective Supplier can be found on your voucher/ticket.

3.3 We reserve the right to make the use of the Company Travel Platform, individual functions of the Company or the extent to which individual functions can be used, subject to certain conditions, such as the payment behaviour of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Activities, or cancel Activities you have booked, in the case of suspected fraud, violation of these TC, or violation of obligations under the Service Agreement, which become known to Company Travel.

3.4 We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the Company Travel Platform. We may discontinue our services and performances at any time; there is no right to continuation.

4. Conclusion of contract with Company Travel – User Agreement

4.1 The subject matter of the contract with us as the contracting party, is the use of the Company free of charge (“User Agreement”).

4.2 The contractual relationship between you and us comes into effect as soon as you use the Company Travel Platform.

4.3 Company Travel may unilaterally terminate your User Agreement, Company Travel Account or your access to the Company at any time with a notice period of one week. However, the termination will become effective only after any already established Service Agreements have been executed or cancelled. The right to termination for good cause remains unaffected.

5. Payment at Company Travel

5.1 The price offered on the Company (“Posted Price”) shall apply to the Activity. The amount you pay for an Activity (“Booking Price”) is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the Activity is payable immediately upon booking.

5.2 For selected Activities, you may be able to choose the “Reserve now, pay later” feature. This is only possible with a credit card that is valid at least until the date of the selected Activity; to confirm this, we will charge 0 EUR to your credit card when you complete your booking. 72 hours before the start of the Activity we will debit the Booking Price. If the credit card charge fails, you have 47 hours to make the payment manually. If this fails and the payment is not made, we will automatically cancel the Activity you booked.

5.3 Company Travel is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier’s invoice. With the successful payment to Company Travel, you have fulfilled your payment obligations towards the Supplier with a discharging effect. If claims are to be paid in a currency other than your local currency (foreign currency claim), Company Travel may (in its role as a commercial agent) collect payment in the your local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.

5.4 We are your contact in connection with a Service Agreement and payment therefore as the commercial agent of the Supplier. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us. We will then contact the Supplier, and the Supplier will determine in its discretion whether to honour the refund request. A refund granted by the Supplier can be processed by the Supplier through us.

5.5 You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the Activity will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select.

5.6 In some cases you will not pay the Booking Price to Company Travel, or directly to the Supplier, but to another company that we have appointed to process the payment as a sub-agent. These payments are subject to the same terms and conditions as payments made directly to us, so nothing changes for you. You will have also fulfilled your payment obligations with the successful payment to the sub-agent with a discharging effect towards the Supplier. If you have questions relating to payment, you can contact our local customer service team via Contact our Customer Service.

5.7 By authorizing payment, you consent to your payment information being used to collect payment for the Supplier. We reserve the right to make use of the payment function or individual payment methods on the Company dependent on a check of the required creditworthiness.

6. Changes and Cancellations

6.1 You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Supplier T&Cs, the description of the Activity on the Company Travel Platform, or on the voucher/ticket issued for the Activity.

6.2 To avoid misunderstandings, you must make changes (e.g. rescheduling the Activity date or making changes to the participants) and cancellations via the Company Travel Platform, unless otherwise agreed. Cancellation or changes can be made via the form provided by our Customer Support. The change or cancellation must be made in good time; what is “in good time” depends on each individual case (e.g. within the applicable cancellation period) and may be subject to the Activity’s availability. Therefore, it is very important that you carefully read all terms and conditions on the Activity page or the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by Company Travel. If these conditions are met, we will issue a cancellation/change confirmation on behalf of the Supplier. This will serve as proof of the cancellation/change and therefore must be kept.

6.3 We can notify you of changes or cancellations on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address.

6.4 Unless there are different cancellation conditions specified in the description of the Activity on the Company Travel Platform, in the Supplier T&Cs, or on the Activity voucher/ticket, the following cancellation conditions shall apply:

a) For cancellations more than 24 hours before the start of the Activity: full refund of the Booking Price; and

b) For cancellations 24 hours or less before the start of the Activity or in case of a no-show: no refund.

7. Data protection

7.1 All your personal data collected through the Company is processed by Company Travel as a data controller, in accordance with relevant data protection laws and for the purposes described in the Privacy Policy. Company Travel shares your personal data with Suppliers to the extent it is necessary for the performance of the Service Agreement between you and Supplier or when necessary to comply with a legal obligation and for other purposes legally allowed. Suppliers are independent data controllers and bear the sole responsibility of processing your personal data.

7.2 You will find detailed information on how to exercise your data protection rights in the Privacy Policy.

8. Indemnification

8.1 You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) incurred by us, our agents, or partners as a result of:

8.1.1 your intentional or negligent misrepresentation, act, or omission in connection with your use of the Company Travel Platform;

8.1.2 your intentional or negligent non-compliance with the TC; or

8.1.3 claims asserted by third parties arising out of or in connection with your access to or use of the Company that intentionally or negligently violates these TC.

9. Assignment

You may not transfer or assign your rights and/or obligations under these TC, except for any claim for damages.

10. Severability clause

Should individual provisions of these TC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these TC that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

11. Supplier – Service Agreement

11.1 Prices

11.1.1 In most cases, Posted Prices quoted are inclusive of all taxes and fees.  However, it is possible that additional local taxes or fees are levied locally.  If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.

11.1.2 The Posted Prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments. You must independently check before booking whether the respective Supplier prescribes deviating conditions.

11.2 Provision of the Activity

11.2.1 You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier T&Cs. If you are travelling to the Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.

11.2.2 The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities.  We do not operate tours, employ guides, or set safety standards for Activities.

11.2.3 Suppliers are independent contractors and not agents or employees of Company Travel. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity.

11.2.4 For time and deadline calculations, the time zone of the Supplier shall be decisive.

11.3 Further rights of the Supplier

11.3.1 The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier’s control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Activity. In this case, the Booking Price paid for the cancelled Activity will not be refunded.

11.3.2 The Supplier may exclude you from an Activity if (i) you do not meet the requirements for participation specified on the Company Travel Platform, (ii) you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.

11.3.3 The Supplier may make immaterial changes to the program of the Activity at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the Activity, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via the Company Travel Platform.

12. Final provisions

12.1 For the purpose of fulfilling the contract and exercising rights due to us under these TC, we may use other Company Travel companies and third parties as vicarious agents.

12.2 We may amend or adjust these TC in the future, e.g. to take into account changes in the law, market changes, or regulatory gaps. We will then inform you of this in good time and in an appropriate manner.

12.3 All notices and other declarations transmitted within the framework of these TC must be made in writing (e.g. by email).

12.4 The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these TC or any purchase made pursuant thereto.

12.5 The contract between you and us is formed and entered into in Estonia.

12.6 In these TC, (i) “including” means “including but not limited to,” (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things, and (iii) words suggesting the singular include the plural, and vice versa. Captions and section headings used in these TC are for convenience only and shall not be used in construing the TC.