Notice of economic activities for a travel undertaking

To provide travel packages in Estonia, a travel undertaking has an obligation to submit a notice of economic activity to the Register of Economic Activities prior to commencement of relevant activity.

Pursuant to the Tourism Act, a travel undertaking is an undertaking which offers for sale or sells packages organised by the travel undertaking itself or by another travel undertaking, and individual travel services. Tour operator means a travel undertaking which organises packages, and offers packages for sale or sells packages itself or through another travel undertaking. Travel agency means a travel undertaking which offers for sale or sells packages organised by a tour operator.

Tour operators and travel agencies are required once a quarter, by the 20th day of the month after the end of the reporting quarter, to file with the Consumer Protection Board a report on the total sale of packages.

The legal acts that apply to the activities of travel undertaking are as follows:

Requirements for a travel undertaking

The prerequisite for submitting a notice of economic activities for a travel undertaking is that the requirement of security is fulfilled.

A travel undertaking must certify the provision of security by means of sufficient financial resources. The security requirement can be fulfilled by the travel undertaking in the manner as it requests, among that the security may be a liability taken by an insurance company or a credit institution located in Estonia or in another member state of the European Economic Area to guarantee the provision of financial resources to fulfill the claims of travellers in case the travel undertaking is not able to perform its obligations in front of the consumers pursuant to the package travel agreement.

The Tourism Act establishes minimum security margins resulting from the area of activity of travel undertaking, below which the amount of security cannot drop. The travel undertaking must analyse and assess the obligations taken with the sale of packages in order to determine the amount of security corresponding to its activity and compliant with the legal act.

The amount of the security shall be calculated depending on the selected area of activity and the planned annual total sale of package travels. Total sale of package travels is the total amount of payments by the consumer to the travel undertaking pursuant to the package travel agreement, among that the advance payments received and unredeemed gift certificates.

Area of activity Amount of security
Offer for sale and sale outside of Estonia of package travels, which include travel services provided in Estonia No security requirement
Offer for sale and sale of package travels, which include travel services provided in Estonia Security at least 3% of annual estimated total sale of package travels, but not less than 1300 euros
Compiling, offer for sale and sale of package travels, which include travel services provided outside of Estonia and charter or scheduled flights Security at least 7% of annual estimated total sale of package travels, but not less than 32000 euros
Compiling, offer for sale and sale of package travels, which include travel services provided outside of Estonia, except for charter or scheduled flights Security at least 7% of annual estimated total sale of package travels, but not less than 13000 euros
Offer for sale and sale of package travels of the travel undertaking of non-member states of the European Economic Area, which include travel services provided outside of Estonia Security at least 7% of annual estimated total sale of package travels, but not less than 32000 euros
Sale of package travels compiled by travel undertakings of another member state of the European Economic Area, which include travel services provided outside of Estonia Security at least 3% of annual estimated total sale of package travels, but not less than 13000 euros
Sale of package travels compiled by another (Estonian) travel undertaking, which include travel services provided outside of Estonia Security at least 1% of annual estimated total sale of package travels, but not less than 13000 euros

If a travel undertaking operates in several areas of activity that require the security, the amount of security shall not be less than required at the area of activity with the largest amount of security. The travel undertaking is obliged to assess the amount of security during the period of activity and increase it if needed.

If during the period of validity of security the actual total sale of package travels exceeds the estimated total sale that was the basis for determining the amount of security, the amount of security must be increased respectively.

Cross-border operation

If a travel undertaking is established and operating as a travel undertaking in a contracting state of the European Economic Area, but wishes to operate permanently in Estonia, then the undertaking is required to submit a notice of economic activities to the Register of Economic Activities.

Undertakings of a contracting state of the European Economic Area, who provide services in Estonia temporarily, are not required to submit a notice of economic activities.

Filling and submitting the notice

A notice of economic activities shall include the following data:

  1. The name and registry code of the undertaking, the undertaking’s postal address and contact details shall be indicated.
  2. The trade mark(s) used shall be indicated if these exist.
  3. Requested areas of activity have to be signed with a cross.
  4. The address of the place of business or the addresses of the place of business and other contact details, and website address in the case of e-commerce shall be indicated.
  5. According to the areas of activity of the travel undertaking, the amount of required security, commencement and end date of validity of the security, the name, registry code and name of the register, address and contact details of the undertaking issuing the document certifying the existence of security shall be indicated.
  6. If a travel undertaking has also granted the right to offer for sale and sell packages organised thereby to another travel undertaking(s), details concerning the travel undertaking(s) who has (have) received the corresponding right shall be indicated.
  7. If a travel undertaking offers for sale and sells packages organised by another travel undertaking, details concerning the travel undertaking who organised the packages shall be indicated. Upon the offer for sale and sale of packages organised by a travel undertaking from a state outside of the European Economic Area or from another state within the European Economic Area, details concerning the travel undertaking who organised the packages shall be indicated.
  8. The NACE code(s) of relevant activity (activities) shall be indicated.
  9. The date of commencement of economic activities in the relevant area of activity if it differs from the date of submission of the notice of economic activities shall be indicated.
  10. The date of termination of economic activities if the economic activities are planned for a specified term shall be indicated.
  11. The date of state fee payment if notice has been submitted in other manner than through a point of single contact.
  12. The name and contact details (telephone number and e-mail) of the person signing the notice, in the case of a legal person also the basis for representation (member of the management board or authorisation).

The notice of economic activity can be submitted:

Payment of a state fee

A state fee in the amount of EUR 10 shall be paid for submitting the notice in other manner than via the State Portal. The state fee shall be paid prior to the submission of the notice.

The state fee can be paid by bank transfer to the account of the Ministry of Finance with the reference number 2900073083:

  • SEB – EE891010220034796011
  • Swedbank – EE932200221023778606
  • Danske Bank – EE403300333416110002
  • Luminor Bank – EE701700017001577198

State fee in the amount of EUR 10 shall be paid for the changing of notice of economic activity if the changes are submitted in other manner than via the State Portal. No state fee shall be paid for renouncement of economic activity.

Changes in the information of a notice of economic activity

Upon a change in the information of a notice of economic activity, an undertaking notifies the registrar thereof promptly, but no later than within five working days, specifying the changed information in the notice. You can check the notice data on the website of the Register of Economic Activities. Please make sure that your contact details are correct.

Changes of a notice of economic activity can be submitted:

Confirmation of the information of a notice of economic activity

As an undertaking, you are required to confirm your information in the Register of the Economic Activities once a year by annual report or income tax return. Prior to confirmation, you have to check correctness of the information, and in case of changes in the information, you have to bring the information into conformity with the reality.

Renouncement of economic activity

In case of temporary renouncement of economic activity, an undertaking submits a notice of temporary renouncement of economic activity, where it gives notice of the dates of renouncement and re-commencement of economic activity.

In case of permanent renouncement of economic activity, an undertaking submits a notice of renouncement of economic activity, setting out in the notice the date of renouncement of economic activity.

The notice of renouncement of economic activity can be submitted:

Supervision

Supervision over the compliance with the requirements set out in the Tourism Act shall be exercised by the Estonian Consumer Protection Board.

Hereby we draw the travel undertakings’ attention to the legal obligation to submit to the Consumer Protection Board on a quarterly basis, by the 20th date of the month following the financial quarter, a report on the total sale of package travels and the specified estimated total sale of package travels for the following quarter.

Upon commencement of activity and thereafter annually along with the previous year’s IV quarter report on total sale of package travels, the travel undertaking must submit the estimated annual total sale of package travels used for calculating the security, among that the sale of package travels separately for each quarter.

Contact details

Substantive information

Kati Kikas, Ministry of Economic Affairs and Communications, tel: +372 625 6328 e-mail: kati.kikas@mkm.ee

Registry information and technical questions

Register of Economic Activities, tel: +372 668 7080, e-post: register@mkm.ee

Last amended: 15-02-2017 14:51 | Compiled by: Technical Regulatory Authority