GENERAL TERMS AND CONDITIONS
Pursuant. of the Law on Tourism (Official Gazette of the Republic of Romania no. 631/2001) Golden Run Tours S.R.L Tourism Agency with business and mailing address at Bucharest, Sector 2, Str PACHE PROTOPOPESCU Nr.10,CAM.13,Etaj1,Ap.3,VAT No,RO 35684726 r.c. J40/2511/2016 holder of the Tourism License no. 8033 represented by Georgios Karagiannis as Agency Manager , on 25th January 2020, establishes the following:
GENERAL CONDITIONS OF TRAVEL
1. PRECONTRACTUAL NOTIFICATION
By signing the standard contract about application for travelling (hereinafter: Contract) on behalf of all travellers from the Contract (hereinafter: Traveller) confirms that these General travel terms and conditions (hereinafter: General Terms) have been presented to him, that the program of the trip (hereinafter: Program) has been prepared in advance and published, and that all the travellers from the contract are familiar with them and accept them fully, as well as being familiar with the optional possibilities for travel insurance.
The provisions of these General Terms shall comprise an integral part of the Contract between the Traveller and Golden Run Tours S.R.L. as the trip Organizer (hereinafter: Organizer), and are obligatory for both contractual parties, apart from the provisions laid downin any separate written agreement or Program.
Before concluding the Contract the Organizer may, at any time, change the description of its services in the Program. The Traveller and the Organizer are hereby agreed that, prior to concluding the Contract, the Traveller was given reasonable notice of all changes to the Program before the Contract was concluded.
In the eventof differences between the application of the Traveller and the amendedproposal of the Organizer, the new Program shall be considered the new proposal and shall be binding onthe Organizer for the following 48hours. If the Traveller does not inform the Organizer in the said time period that the newly-establised Program/offer is not accepted, the Contract shall be considered cancelled.
2. APPLICATION, PAYMENT AND CONTRACT
The application shall be delivered by the Traveller in writing, or on permanent data storage disc, online, or by e-mail or fax. The Traveller may apply for the trip in the headquarters, branches, or separate offices of the Organizer, as well as in those travel agencies that have entered into an Intermediary Contract with the Organizer (hereinafter: Intermediary). Wherethe Intermediaryfails tostate its capacity as an Intermediary, the Organizer shall not be held accountable for the fulfilment ofthe Program toward the Traveller, and that obligation shall fall to the Intermediary.
The application of the Traveller shall become valid from the moment of its confirmation by conclusion of a Contract according to the application and advance payment of 40% of the package price which is not refundable at all.
The balance (60%)of the agreed price, unless otherwise arranged, shall be paid latest 60 days prior to the beginning of the journey.
If the Traveller does not make
payment in full within the specified deadline, the trip shall be considered cancelled in accordance with item12 of the General Terms.
Each advance payment shall be considered payment for all travellers, and not only a particular traveller from the Contract.
On signature of the Contract, the Program (previously published or subsequently amended) shall become its constituent part and may not be amended further, unless the contractual parties expressly agree otherwise or if the changes come about due to force majeure.
If the Contract is cancelled or changed, the cancellation provisions and changes shall bevalid for all the travellers stated in the Contract.
Timeliness of payment shall be considered with respect to the date of payment to the account of the Organizer or Intermediary.
In the event of a late full payment, advance payment, or payment of the balance for the package, the Organizer may cancel the Contract and seek compensation pursuant to item 12 of these General Terms.
3.OBLIGATIONS AND RIGHTS OF THE ORGANIZER
- The Organizer shal lenter special requirements of travellers, agreed to solely by the Organizer, into the Contract, in addition to Program terms.
- The Organizer shall reimburse the proportionate,objective difference between the agreed price and the price of the trip in respect to the non-completion or partial completion of the Contract (hereinafter: Price Reduction) based on a timely and well-founded written refund requestfromthe Traveller in accordance with the law and these General Terms, unless the failure to complete the Contract is due:
o to the fault of the traveller or some third party that was not the direct service provider contracted in the delivery of the Program;
o to force majeure or unforeseen circumstances over which the Organizer had no controland the consequences of which were unavoidable in spite of due care and attention;
o some other events that the Organizer could not have foreseen and overcome.
- In accordance with good business customs, the Organizer shall take care of the rights and interests of travellers;
- Before commencement ofthe trip, the Organizer shall give the Traveller the name, address and phone number of the local representative, local partner agency or, if neither of these are applicable, the name, address and phone number of the Organizer, to use in case of emergency.
- The Organizer shall not be responsible for services provided to the Traveller by other partiesoutside the Program
- All information, received verbally or otherwise, that differsfrom that stated in the Program, Contract or Separate Contract and these General Terms, shall not place the Organizer under any obligation and may not be used as support for objections or complaints on the part of the travellers
4. OBLIGATIONS AND RIGHTS OF THE TRAVELLER
- To familiarize him-/herself in detail, as well as all other persons from the Contract, with the Program and General Terms, and bring upspecific requirements which are not included in the published Program.
- To provide his/her own optional travel insurance policies – the Organizer does not provide them and shall not be responsible for them.
- To pay the agreed price under the terms and deadlines and in the manner laid downin the Contract.
- To deliver promptly to the Organizer accurate and complete data and documents needed to organize the trip and to guarantee that he/she, his/her documents, his/her luggage etc. meetthe conditions laid down by the regulations of this country, the transit and the target country (border, customs, sanitary, monetary and other regulations).
- To bear the costs of any damages he/she causesto direct service providers or third persons by breaking legal and other regulations, as well as these General Terms.
- To name another person who is to travel instead of him/her in a timely manner, reimburse the Organizer for materia lcosts incurredby suchchange and take joint responsibility for the unpaid portion of the agreed price.
- To immediately submit a justified complaint,in accordance with the rules, in written form, to the Organizer or persons stated in the travel documents.
- To inform him-/herself via the website of the Ministry of Foreign Affairs of the Republic of Romania or by other means/sources, regarding so-called high or medium risk countries.
- To enquire with authorized representatives of the Organizer, no sooner than 48 hours and no later than 24 hours before the trip, regarding the exact times of departure and return.
5. PRICES AND SERVICES
Prices shall be given in foreign currency EUR or DOLLARS or POUNDS. If payment is done in R0N, the amount should be calculatedin accordance with the selling rate of the Organizer’s commercial bank on the day of payment, or the rate stated in the Program, unless agreed differently.
Prices are set in accordance with the business policies of the Organizer and may not be the subject of objections on the part of the Traveller.
Services rendered abroad (not agreed on and paid in advance) shall be paid on the spot by theTraveller to the direct provider of the service.
The price from the Contract includes a previously prepared and published combination of at least two or more of the following services of the usual quality for the particular destination and facilities: accommodation, food, transport, preparation and organization of the trip, for which a unique price shall be agreed and paid by the traveller (hereinafter:Standard Services).
The price of the arrangement does not include, unless agreed separately (hereinafter: Separate Contract), the following expenses: airport and port taxes, local tourist guides, Organizer’s representatives, tourist entertainers, optional programs, use of deck-chairs and sunshades, obtaining visas, paying for tickets for places and events, insurance for travellers and luggage, room service, use of the mini-bar, air conditioning, or recreational, medical, phone orother
services, reservation of a specific seat in modes of transport, single bedroom costs, rooms with specific qualities (view, floor, size, balcony, etc.), additional meals etc. (hereinafter: Separate Services).
The Intermediary is not authorized to negotiate separate services not included in the Programon behalf of the Organizer.
Conditions relating discounts for children and other privileges specially given in the Program have been specified by direct service providers and should be interpreted restrictively (e.g. for children up to two years of age, the relevant date for consideration of the child’s age is the date of the trip, not the date of signature of the contract). Should the age of the traveller be wrongly stated, the Organizer reservesthe right to charge the difference in the price of the trip, with the additional payment of 70,00 € for handling charges.
The price shallnot include, and the Organizer shall not be responsible for, any optional or subsequently provided services for the Traveller, rendered and charged by the foreign partner, i.e. the direct service provider of the services,that were not included in the Program or the Separate Contract, nor the participation of the Traveller insporting and similar leisure activities.
6. CHANGE OF PRICE AND CANCELLATION RIGHT OF TRAVELLER
The Organizer may requirean increase in the agreed price 8 days before the trip at the latest in the event of any changes in exchange rates, Traveller carrier tariffs or any other cases anticipated by law.
The agreement of the traveller shall not be needed for a price increase of up to 10% and this may not serve as a basis for cancellation of the Contract.
Wherethe increase exceeds 10%, the Traveller shall havethe right to demand an exchange for a similar Program from the Organizer’s offered services without additional payment, or to request cancellation of the Contract in written form without reimbursement of the Organizer’s costs if done within 48 hours ofreceipt ofnotification of the price increase in written form. Should the traveller fail to notify the Organizer in writing within the said period the traveller shall be deemed to have agreed with the new price, which agreement may also be indicated by way of payment.
Contracts already concluded may not be the subject of price reductions and these may not be a basis for any complaints towards the Organizer.
7. CATEGORIZATION AND DESCRIPTION OF SERVICES
All services stated in the Program shall imply standard services of average quality, usual and specific for certain destinations, places and facilities. In the event thatthe traveller wishescertain services outside the Program, a Separate Contract shall be entered into.
The Organizer is not responsible for the description of services in catalogues, publications or on websites of the Intermediaries and the direct service providers (e.g. hotels, carriers etc.), unless the Traveller has been explicitly directed to themby the Organizer. The Organizer is responsible solely for the descriptions of services contained in their Programs, i.e. their website.
The Organizer may contest the Contract if necessary on the grounds of any obvious printing and calculation errors.
Accommodation facilities and units, transport vehicles and other services are described according to the official categorization of the target country at the time of the publicationof the Program, they are different and not comparable betweendestinations, or even within the same destination. Food, conveniences and service quality depend primarilyon the price of the package, chosen destination and categorization as determined by local national regulations, and are not under the Organizer’s supervision and influence. The dates of the beginning and end of the journey as determined by the Program do not include an all-day stay within the accommodation facilities, i.e. destination.
Traveller departure and arrival time or time of entering or exiting the accommodation facilities is dependent on procedures at border crossings, conditions on the roads, licences by authorities, technical and weather conditions or force majeure that affect the time of plane departure, or the departure of some other means of transport that the Organizer cannot influence, and in such cases is not responsible for.
The first and the last day of the Program are scheduled for travel and do not imply a stay in the hotel or other accommodation –only the calendar day of the start and finish of the trip. Therefore the Organizer shallnot be responsible for an evening, night or early morning flight, entry to rooms late in the evening, departure from the hotel early in the morning etc. For flying packages, the agreed trip start time shall bethe moment in which Travellers meet at the airport, which is at least 2 hours prior to the first announced flight time by the airplane company. The Organizer shallnot be accountable for any changes in the departure time, and national and international air traffic regulations shall be applicable. As a rule departure and arrival and take-off and landing for charter flights is either in the late evening or early morning hours, and if a cold meal is provided for to begin or end with, whether at the place of accommodation or outside of it, the Contract shallbe deemed to have been carried out in full. The services of tourist guide, escort, local guide, entertainer or local representative do not imply their all-day and continuous presence, but onlythe contact and necessary assistance to the Traveller under previously defined terms of periodical duty, announced on a notice board or in some other applicable way. The instructions of the authorized representative of the Organizer (specifically regarding the time of departure, transport, accommodation, legal and other regulations etc.) are binding on the Traveller, and failure to observe said instructions shall represent an infringement of the Contract and all contingent consequences and damages shall be fully compensated by the Traveller. Changes or deviations to particular services not caused by the Organizer are permitted unless they have an adverse effect on the overall course of the arranged trip. If for the reasons stated herein, the flight or transportation needs to be transferred to another airport or location, the Organizer shall make compensation for all costs of alternative transport, in an amount no smaller than the price of a 2nd class train ticket. Where a third party comes in for the person that has previously reserved a particular tourist service, the Organizer shall have the right to charge the necessary costs of change. The Traveller and the person taking his/her place shall be jointly responsible for the payment of the agreed price and the costs of change of traveller. The Organizer shallnot accept the change if it is not prompt, if there are special demands regarding the trip or if it is not in accordance with legal regulations.
8. ACCOMMODATION, FOOD AND TRANSPORT
8.1 Accommodation: unless otherwise agreed:
- The Traveller shall be accommodated in an officially registered accommodation unit in the accommodation facility described in the Program, regardless of the traveller’s preferences, location and the position of the facility, number of storeys, proximity of noise and other factors. The entryof Travellers into facilities is at the earliest after 4 pm on the day of the commencementof service, and departure from the facilities is at the latest up to 9 am on the day of termination of service. The Traveller is not entitled to a refund in the eventof his/her leaving the facility early at his/her own initiative or leaving the facility early or intermittently through his/her own fault, norof the price of hotel services, nor the price of transportation.
- Accommodation units with three and four beds (rooms, studies, suites, etc.), in accordance with the categorization and regulations of the host country, are by definition based on one standard room with two beds with additional one or two auxiliary beds, that are by definition of wooden or metal construction, foldable and can significantly detract fromthe quality of accommodation
- The operation of air-condition in the accommodation facility differs depending on the destination and the facility and does not imply non-stop 24-hour operation.
- The Organizer has no responsibility towards the Traveller in regard to damages that accrue due to the Traveller’s failure to abide by law, prescribed regulations and customs as laid downby the carrier, hotels and other indirect service providers.
- If two or more people have reserved a room or ship’s cabin with two or multiple beds, and there is no third person to replace one of them, the Organizer shall reserve the right to charge the full price of the accommodation unit.
- After the trip has commenced, in the eventof unexpected and reasonable circumstances, accommodation may be substituted without the Traveller’s consent for accommodation in facilities of the same or higher category in the agreed location of the facility at the expense of the Organizer, while accommodation in lower-category facilities may be substituted only with the consent of the Traveller and with a refund of the difference in price in relation to the lowered category of the accommodation facility.
- The traveller is responsible for familiarising him/herself withand abiding by the rules of conduct inthe accommodation facility, especially with regard to depositing and keeping money and valuables, introducing food and drinks into the rooms, abiding by hotel rules of order, entering and leaving the room at the specified time, the number of persons in the room etc. The Organizer shall not be held responsible for any damages that occur in regard to such matters.
8.2 Food: unless otherwise agreed:
- The diversity and quality of food and itsservice primarily depends on the price of the package, the category of the facility, the destination and local customs, regardless of whether it involves a buffet or served meals (menu)
- All Inclusive or All Inclusive Light service, or any other, implies service in accordance with the internal hotel rules and neednot be identical within the same category and destination.
- Breakfast, if not stated differently in the Program, means a continental breakfast.
- If a hotel is filled to below 30% capacity, mealsmay be served to tables instead of a buffet.
At accommodation facilities,terms for dining are identical, including for children, elderly people or individuals with special needs travelling under this Contract. In the event that a Traveller reaches a special agreement with the direct provider of food services, the Organizer shall not be held responsible for inadequate food service.
8.3 Transport: unless otherwise agreed:
- Transport and transfer is performedin standard tourist coaches or other means according to the regulations and criteria that apply in the country in which the registered carrier hired by the Organizer is located and the regulations, principles and rules of the carrier are applicable(for example, transport in any vehicle does not include numbered seats, a meal and drinks are not included during the trip, etc.). The Traveller is obliged to accept any seat offered in the transportation vehicle.
- The Organizer is entitled to hire all types of tourist coach that meet regulations (mini bus, coach or double-decker), as well as other means of transport if the circumstances allow
- During the ride, toilets in the coach are not in use, except with permission. The Traveller must reimburse all damages incurred through his/her negligence on the spot.
- The traveller is must behave appropriatelyin the transport vehicle and obey traffic regulations and rules on Traveller transport. Should he/she fail to do so, the Organizer reserves the right to deny him/her entry to the transport vehicle or remove him/her from the transport vehicle with the aid of police officers, upon which further transport to the destination will not be the Organizer’s responsibility. Shouldthe traveller, due to removal from the transport vehicle, elect to withdraw from the trip, the cancellations scale from item 12 of the General Terms will be applied.
- The route,and breaks and their location and length aredecided by the guide/driver. The guide/driver may, due to unforeseeable or unavoidable circumstances, reasons of safety or similar reasons, change the timetable, tripitinerary or the order of sightseeing.
- Inconsistencies between personal data given to the Organizers and the data in the Traveller’s passport (traveller’s name etc.) can have repercussions such as the need to issue a new plane ticket with additional expenses or even the invalidation of the ticket, the consequences of which are the responsibility of the Traveller.
The Traveller is responsible for his/her issuing ticket as Organizer is not issuing any ticket at all. There is no possibility of issue of another copy of the plane ticket or boarding pass. The Traveller shall fully bear the consequences of ticket loss or disappearance during the trip. dates and times stated on them.
- The transport of Travellers by air, rail, sea, river or lake transport vehicles is rendered by and is the direct responsibility of the carriers, defined in accordance with the regulations and customs that govern the said types of transport, and is not underthe influence or the responsibility of the Organizer.
9. TRAVEL DOCUMENTS AND HEALTH AND LEGAL REGULATIONS:
The Organizer shall not be responsible to familiarize Travellers about the terms(visas, customs, health issues etc.) that apply in the destination or transit country, and it is the obligation of the Traveller to obtain information from the relevant consulate and the Traveller himself/herself needs to meetthe necessary conditions and provide the necessary identification in orderly and timely fashion.
The Traveller needs to possess a valid travel documen tfor travel abroad, with
validity of at least 6 months from the travel end date, and to supply the Organizer, within the specified deadline, with correct and complete information and documentation for obtaining a visa, if the same is obtained by the Organizer. Employees of the organizing agency or Intermediaryare not authorized to determine the validity of travel or other identificationand documents. Wherethe Organizer intermediates in the process of the submission of documentation, it does not guarantee the approval of a visa, of the issue of the visa within a particular deadline, and shallnot be responsible for the invalidity of the travel or other document or in the event that customs authorities or immigration services refused entrance, transit or further stay to the Traveller. Should the Traveller lose his/her travel documents or they arestolen, he/she must, at his/her own expense, obtain new ones and bear any harmful consequences in that regard.
The Traveller must arrange Special Services relating to his/her health, for example special dietary needs, accommodation needs etc. for reasons of chronic disease, allergies, disability etc. In the failure to do so, the Organizer shall be under no special obligation, responsibility or liability on that basis. For travel to countries with special regulations that include obligatory vaccinations or the procurement of certain documents, it is the Traveller’s obligation to undergo vaccination and obtain the necessary confirmation of this, and bear personal responsibility for any consequences or damages.
The Traveller must strictly obey the customs, monetary and other regulations of the Republic of Romania, of transit countries and of the countries in which he/she is staying, and in the event of an inability to proceed with the journey and the stay and other aspects of the package, all expenses and consequences shall be the sole responsibility of the Traveller. If the trip cannot be made due to Traveller oversights in relation to the provisions of this item, item 12 of these General Terms shall be applied.
Luggage transportation up to the specified weight determined by the air carrier is free. Excess luggage shall be paid for by the Traveller at the current rates of the transporter.
Special luggage transportation from airport to hotel is the sole obligation of the Traveller unless otherwise specified in the program.
All airports have special security rules for hand luggage, so we recommend that theTravellerobtain additional information from airport.
Damage or loss of luggage on flights must be registered by the Traveller on the stop and without delay to the relevant lost luggageservice, sinceair companies refuse to make recompense where the Travellerhas failed to fill in a damage report form.
In coach transportation the Traveller may bring 2 pieces of luggage and hand itto the authorized representative of the Organizer.
Children up to the age of 2 years old do not have the right to free carriage of luggage.
The Traveller must take care of his/her own possessions carried in the transportation vehicle, handed over to and collected from the authorised representative of the carrier and brought into the accommodation facility. The Traveller shall pursue all rightsdirectly with thecarrier, accommodation service provider or insurance company, in accordance with international or host country regulations. Transport of luggage transport from the parking place to the accommodation unit is the responsibility of the Traveller (vehicles will be brought as close as possible to accommodation units).
The Organizer shall not be held responsible for luggage lostor damaged in transport from the parking place to the accommodation unit, nor foritems forgotten in vehicles.
Except in cases of intent or gross negligence the Organizer shall bear no responsibility for luggage or objects which are not usually carried when travelling, unless he has expressly taken such
objects for safekeeping.
The Traveller is advised not to bring valuable objects when travelling, or else to hand them over for proper safe keeping or to keep them about his/her person at all times.
It is the responsibility of the Traveller to mark luggage with his/her personal data, and personal documents, personal items and valuables should not be left in parked vehicle since the Organizer shall not bear responsibility for their disappearance. Travelers are advised to carry all gold, valuables, devices or medications in hand baggage.
The Traveller must report the loss of, damage to or disappearance of luggage during the trip to the representative of the Organizer or to the direct service provider.
11. CANCELLATION OF AND CHANGE TO TRAVEL PROGRAM BY THE ORGANIZER:
In case that there are any changes of the published travel program for which the traveller signed the contract the organiser has to inform the traveller latest 5 days before travel. The traveller has 48 hours after receiving this information to react.
The acceptance of the changes can be done either on the same way like receiving the information or by paying the requested amount.
The Organizers may cancel the contract completely or partially, in the event of extraordinary circumstances that, had they existed at the time of publication, would have been reasonable cause for the Organizers not to publish the program, and not to conclude contracts in the case of an insufficient number of registered Travellers and other objective circumstances, whereupon the Organizer must inform Travellers at least 5 days before the scheduled start of the journey, whereby the Traveller shall be refunded in full no later than 8 days afterthe date of cancellation.
The organizer can cancel the contract if the lowest registered number of Travellers necessary fortravel is not reached.
If not specifically mentionedin the travel program, the lowest registered number of Travellers necessary fortravel shall be 10 Travellers.
In the case of a complete withdrawal from the contract, the Organizer will try to offer an alternative travel program to the Traveller for the same or another destination, which the Travellermust accept or reject in writing within 24 hours. In the eventsof acceptance of the new contract, the customer waives any claim on any legal basis against the Organizer regarding the original contract signed. The Organizer reserves the right to change, before and during travel, the day or hour of travel, as well as the right to change travel routes and make necessary changes to the tour program, if the trip conditions change (changed timetable, forced landing, breakdown of transportation vehicle, busy borders or traffic, the closure of any of the sites scheduled for the tour, changes in the visa regime, the security situation, natural disasters or other extraordinary and objective circumstances and force majeure), about which it must inform the Traveller without delay in the mannermost convenient for them, without obligationto pay damages or any other compensation to the Traveller. If a commenced journey is abandoned for objective reasons, the Organizer is entitled to compensation for actual services rendered.
The Organizer shall be relieved of performance of the contract in the eventof obstruction of travel on the part of the Traveller through rude or inappropriate behavior, regardless of the reprimand imposed. In such cases the Traveller must recompense the Organizer for damage incurred.
12. TRAVELLER CANCELLATION:
The Traveller may withdraw from the trip, of which he/she must inform the Organizer in writing.
The date of written cancellation shall serve as the basis for calculation of compensation duethe Organizer, expressed in a percentage of the total cost of travel, unless otherwise determined in the Program, namely:
40% advance payment in the moment of booking is not refundable at all
60% if the trip is cancelled 120-90 days before the beginning of the trip
,80%, if the trip is cancelled 89-60 days before the beggining of the trip
100% if the trip is cancelled 59-0 days before the beginning of the trip,
A change of agreed place and date of travel, accommodation facility, accommodation unit, failure to obtain visas, etc., shall be deemed cancellation on the part of the Traveller.
The same calculation is used also in case that the cancellation was due to sudden illness of the Traveller, or illness of the Traveller’s spouse, child, parent, brother or sister, the Traveller’s death, or the death of the Traveller’s spouse, child, parent, brother or sister, ormilitary call-up of the Traveller or an officially declared disaster. Reasons for cancellation or interruption of travel such as local terrorist attacks, explosions, disease, epidemics and other diseases, natural disasters, climatic conditions, etc., for which no state of emergency has been declared by the competent national authorities, cannot be considered justified. In the event that a Traveller who has cancelled his/her trip, ensure adequate replacement or substitution is made by the Organizer, Organizer is obliged to reimburse the Traveller total amount of paid funds, withholding only the actual costs incurred. Sudden illness means that a certified physician hasdiscover a sudden and unexpected illness, infectious disease or disorder of the organs, which has occurred after the conclusion of the journey and not in connection with, or asthe result of a previous health condition, and is of such a nature as to require treatment anda hospital stay (admission) and to prevent the commencementof the agreed journey. In the eventof withdrawal from the trip which is covered by their insurance policy, the traveller shall pursue his/her rights directly withthe insurer. In withdrawing from the contract, the Traveller will not be refunded the amount paid to the Organizer for the commission in obtaining visas.
The Organizermust inform Travellers regarding the possibilities for securing health insurance policy during his/her stay abroad, as well as travel insurance packages (baggage insurance, insurance againstthe consequences of accidents, cancellation insurance, etc.) for travel abroad, and in the Republic of Romania or the country of living. The Traveller is advised to obtain policies for suc htravel insurance packages.
By signing a Contract, the Traveller confirms that he/she was offered a package of travel insurance. Package travel insurance does not cover mandatory health insurance, paid separately by the Traveller, accompanyin gentry visa applications. According to the Law on Tourism, the Organizer has following insurances:
– In case of insolvency or bankruptcy of Organizerand in case that there is damage caused by the not fulfilment of agreed servicesthere is insurance police with number 000001327 at “CITY INSURANCE” in Romania, Bucarest,str Emanoil Porumbaru, nr.93-95,parter,et.1,2,4 si 5,sector 1.
This police is covering related costs.
By signing the Contract the Traveller affirms that he/she has been shown the terms of the insurance or warranty and that he/she accepts them fully.
14. TRAVELLERS OBJECTIONS AND COMPLAINTS AND SETTLEMENT OF DISPUTES:
– The Travellermust pass on justified complaints, without delay and on the spot to the local representative of the Organizer, and if he/she is not available, to direct service providers (e.g. carriers, hoteliers, etc.) or directly to the Organizer, and cooperate in good faith in resolving the problem, and accept an offered solution that corresponds to the contracted service. The Travelle rshould cooperate patiently and allow a period of 24-48 hours for a justified complaint to be dealt with (e.g. refrigerator malfunction, power failure or water, poorly cleaned apartment and other defects). – If the cause of the complaint is not resolved on the spot, a Traveller with a representative of the Organizer or the service contractor shall make out a written memorandum in duplicate, signed by both. The Traveller will keep a copy of this certificate. If the cause of the complaint is resolved on the spot, the Traveller is required to sign confirmation of that fact, orby continued use of the offered solution it shall be deemed that the travel program has beenfully rendered. – If deficiencies are not corrected on the spot, the customer must, within 8 days ofthe agreed date of completion of travel, submitsolely to the Organizer,a founded and documented complaint (confirmation of on-the-spot complaint,account of expenses paid, itemised list of outstanding services specified and quantified in relation to each Traveller individually, and other evidence) and request a refund for the difference in price.
Each Traveller that has signed a contract on his/her own behalf and on behalf of persons or entities from contracts, or persons with prope rpower of attorney for representation, shall file a separate complaint as the Organizers cannot consider group complaints.
– The Organizer is obliged to take into procedure only timely, foundedand documented complaints that could not be solved on the spot in the course of the journey. – The Organizer must submit a written response to the Traveller, or pay the difference in price to the Traveller within215 days, counting from the date of receipt of a proper claim. If the complaint filedis not complete and the same needs to be corrected, the Organizer will notify the Traveller that this needs to be done within the given time frame, under the threat of expiry. The Organizer shall, in accordance with good business practice, within the legal deadline, also respond to the Traveller regarding untimely, unfounded or improper complaints. – A reduced cost per Traveller complaint, can be at most equal to the amount of promised and not delivered part of services, and cannot include services already used, nor be equal tothe amount of the overall cost of travel. The amount of compensation that is paid on the grounds of afounded and timely complaint shall be commensurate with the degree of non-performance or partially provided services. If the Traveller accepts compensation in respect of proportional price reduction, or other form of compensation, he/sheis understood to have acceptedthe suggestion of the Organizer for the aplcable solution of the dispute, and has thus waived all further claims
against the Organizer in respect of the dispute, regardless of whether he/she has signed written confirmation of refund with a clause on the final resolution of the mutual dispute.
Restitution of the difference in price to the Travelle shall be deemed to have been carried out by approval of theTraveller, in accordance with the law and the General Terms, when the Organizer has offered a real difference in the price for in adequate services provided, in accordance with the price list of direct service providers currentat the moment of conclusion of the journey, and other available evidence, and that the Organizer has acted in accordance with applicable laws. Any request on the part of the Traveller to initiate proceedings before the competent authorities before the deadline for resolution ofthe complaint, shall be considered premature, and notifying the media will be considered abreach of contract and these General Terms.
15. INDIVIDUAL TAILOR-MADE TRAVEL AND INDIVIDUAL SERVICES:
Tailor-made travel is a combination of two or more services, which comprised part of the offered services of the Organizer and which have not been published, created at the request of the Traveller. Program screated specially at the request of the Travelle rare subject to all the same terms and conditions applicable for all trips organized by the Organizer as specified in this document.
16. PROTECTION OF PERSONAL DATA OF TRAVELLERS:
The personal data of the Traveller, volunteered by him/her, are the confidential commercial data of the Organizer. The Traveller agrees that personal data maybe used by the Organizer only to implement the agreed trave lprogram, whereby addresses, places, times and costs of travel and names of companions may not be revealed to third parties, except those persons designated by special regulations.
17. BINDING USE:
The Organizer may provide as part of a travel program or special general terms, more favorable provisions for the Traveller in relation to these Terms, and in extreme cases (for sports, conferences and similar international events and special forms of tourism –school excursions, hunting and fishing trips, extreme sports, etc.) lay down less favourable conditions for Travellers, in terms of deadlines and the amount of compensation for cancellation of Traveller trips, the amount of payment and payment schedules, etc.
In the event of litigation, and followingan arbitration award by the YUTA Arbitral Tribunal, the court with authority in the place of the Arbitral Tribunal shall have jurisdiction, and the regulations of the Republic of Romania shall apply.
This general conditions are valid from 25.01.2020.