Framework Contract
Marketing of travel packages
No. {......} your {......}
Contracting Parties
Contracting Parties
GERMAN TRAVEL SOLUTIONS SRL company with headquarters/domicile in CLUJ-NAPOCA str. FABRICII DE ZAHAR no. 165, CLUJ county; Fiscal Registration Code RO41023460, registered with the Trade Register under number J12/1768/22.04.2019, holder of Tourism License no. 2672/06.12.2022, for the BOOKING VACANÈšE Travel Agency assistance phone: 0790642789/ 0364808993, e-mail: office@bookingvacante.ro www.bookingvacante.ro, represented by Cismas Cosmin Valentin as – Administrator
and
The traveler/traveler's representative, Mr./Ms., {CustomerFullDetails}
They agreed to conclude this contract.
1. Subject matter of the contract
The object of the contract is the sale by the Agency of the travel service package included in the voucher, holiday ticket, treatment, excursion ticket, other document attached to this contract and the issuance of payment and travel documents.
The service package is organized and sold on its own account by the BOOKING VACANÈšE Agency as the organizing agency;
The service package is sold by the BOOKING VACANÈšE Agency as an intermediary agency, on behalf of the organizing agency: {FirstBookingItemSupplierName}, headquartered in {Sediuto}, holder of the tourism license no. {Nrlicenta}, issued in {Anlicenta} the insurance policy issued by {Emitentpolita} no. {Nrpolita} regarding the reimbursement of repatriation expenses and/or the amounts paid by tourists, hereinafter referred to as the "Agency". It is responsible for ensuring the implementation of the programs and services, in full compliance with the travel services provided in the program or the Traveler's order. As a mandated travel agency, GERMAN TRAVEL SOLUTIONS SRL, is obliged to correctly inform travelers about the services provided in the program and the conditions for participating in the trip.
2. Contract duration
2.1. The contract will enter into force upon its signing by the traveler or upon acceptance of the contractual conditions of travel services, including those purchased remotely by electronic means;
2.2. If this contract is made available to the traveler in full in the form of a catalog, leaflet, other documents, the Agency's website or other means of electronic communication (e-mail, fax, etc.), the traveler's obligation to inform is considered fulfilled by entering this information in any of the travel documents or fiscal documents provided by the Agency, it being not necessary to conclude the travel package sales contract in written form, respectively if this contract presented to the traveler in the manner provided above contains the clauses provided for in art. 7 paragraph 2 of Government Ordinance no. 2/2018 on the activity of selling travel packages.
2.3. The contract terminates by law upon completion of the actual provision of the travel service package recorded in the travel documents.
2.4. Information regarding the states on whose territory a state of emergency has been declared or regarding which the Ministry of Foreign Affairs has issued travel alerts, in the form of warnings or cautions, is public and can be consulted by accessing http://www.mae.ro/travel-alerts. Therefore, the Traveler understands to contact the services that are the subject of this contract and be informed of these warnings, cautions or alerts.
2.5. The information provided to the traveler prior to the conclusion of the contract regarding the details of the travel package forms an integral part of the contract and may not be modified except by the explicit agreement of the contracting parties.
3. Contract price and payment methods
3.1. The price of the contract is {TotalValue} EUR and consists of the cost of the actual tourist services, the Agency's commission and VAT. If the price is not specified in this contract, then it is specified in other travel documents, other documents made available to the traveler, the Agency's website, other means of electronic communication and/or on the invoice.
3.2. Payment methods:
3.2.1. Upon conclusion of the contract, an advance payment of the established price or, as the case may be, full payment of the total value of the tourist service package may be charged according to the payment terms communicated by the agency in writing through the order form or other means of communication.
3.2.2. If, upon conclusion of the contract, an advance payment was charged, the final payment will be made as follows:
a) for tourist services that require confirmation from the providers, according to the payment terms communicated by the agency in writing through the order form or other means of communication.
b) for tourist services that do not require confirmation from the providers, as follows: according to the payment terms communicated by the agency in writing through the order form or other means of communication.
3.2.3. Payment for external travel services related to the contract can be made in a single currency, in the currency specified in the contract or in RON at the selling rate communicated by Banca Transilvania, on the day the invoice is issued, according to art. 290 paragraph 2 of the Fiscal Code.
3.2.3. Failure by the traveler to comply with the payment deadlines entitles the Agency to terminate the contract without prior notice and to request compensation for damages suffered.
3.2.4. Payments can be made directly at the Agency's headquarters, by transfer or direct deposit into the Agency's accounts.
3.2.5. In the event of contracting travel services in early booking mode, the discount is included in the package, and the specified percentage applies only to accommodation services. In this case, any change to the contract, requested by the traveler, determines the cancellation of the reservation with penalties and its restoration at the price and conditions from the moment of re-registration. Also, failure to comply with the payment conditions applied to EB type reservations determines the modification of the package price according to the standard offer.
3.2.6. Payment for domestic travel services (with the place of performance in Romania) can also be made with holiday vouchers. Payment for travel services is made in compliance with the provisions of GEO no. 8/2009, the methodological norms and its annexes. If the traveler abandons the travel service package purchased with holiday vouchers, the Agency may offer him a travel service package at a higher value than the package initially purchased from which the related penalties were deducted, with payment of the price difference.
3.2.7. According to GEO no. 8/2009, in case of definitive withdrawal from the travel service package by the traveler, the Agency cannot return the vacation vouchers or their equivalent in money to the traveler. Vacation vouchers may be returned to the traveler by the Agency, in case of definitive withdrawal from the travel service package, only if they have not been stamped by the Agency or sent to the vacation voucher issuer according to the legal procedure established by GD no. 215/2009 for the approval of the Methodological Norms regarding the granting of vacation vouchers.
3.2.8. The travel service package that can be purchased based on holiday vouchers will include accommodation services (minimum and mandatory), public catering, transportation, spa treatment, leisure, all with the venue on Romanian territory.
3.2.9. If the traveler wishes to make payment to the Agency by bank transfer, for the purchased services, all bank costs will be borne by the party initiating the payment, namely the traveler.
4. Rights and obligations of the Agency
4.1. Before the traveler assumes this contract regarding the package travel services or any corresponding offer, the Agency has provided the traveler with the standard information through the Standard Information Form which has the role of an offer and which, according to the provisions of Ordinance no. 2/2018, represents an integral part of this contract.
4.2. In the event of a change in one of the essential provisions of the contract, such as: services included in the package, travel dates, change in the category of the accommodation unit, the Agency is obliged to inform the Traveler at least 15 days before the start date of the trip.
4.3. The Agency may modify the contract price in the sense of increasing or decreasing, as the case may be, while also showing the method of calculating the increases or decreases in the price of the contract and only if the modification occurs as a result of variations in transport costs, royalties and taxes related to landing, disembarkation/embarkation services in ports and airports, tourist taxes or currency exchange rates related to the contracted travel package. Before the start of the package, the Agency may not unilaterally modify other clauses of the contract regarding the travel package than those related to the price in accordance with the provisions regarding the modification of the price, unless the following conditions are met, cumulatively:
a) the price of passenger transport resulting from the cost of fuel or other energy sources;
b) the level of taxes or fees applicable to the travel services included in the contract, imposed by third parties not directly involved in the execution of the package, including travel taxes, landing fees or embarkation or disembarkation fees at ports and airports;
c) the relevant exchange rate for the respective package.
The prices established in the contract cannot be increased, under any circumstances, during the 20 calendar days preceding the departure date.
4.4. In the case of purchasing a travel package including air transport, the air carrier, without requesting the consent of the Travel Agency that runs the tourist program, has the right to change the flight times. Therefore, the Agency is not responsible for the take-off/landing of aircraft at a time other than that stated in the tourist program. For these delays, the airline is obliged to assist tourists in accordance with Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91, implemented by Government Decision No. 1,912/2006. Any issue regarding the operation of the flight and its related actions falls under the competence and responsibility of the carrier, the airline ticket representing the contract between the passenger and the carrier. In the case of these travel service packages, the departure day and the arrival day are not considered tourist days, as they are intended for transportation.
4.5. In the event of purchasing a cruise product, the cruise line may, for reasons related to navigation safety, change the cabin number and its location on the decks (a lower deck, an upper deck, further aft or forward, etc.), but with a cabin of the same category as the one initially reserved, in which case the traveler will not be compensated in any way considering that it is the same type of cabin as the one reserved. At other times, quite frequently and by symmetry, the cruise line may change the cabin category (especially for cabins in the Guarantee category) with a superior cabin to the one initially reserved (outside cabin / balcony instead of inside cabin, suite instead of balcony, etc.), an operation called an upgrade, in which case the traveler will not have to pay the difference in category, being a bonus from the line.
4.6. The agency is responsible for the performance of the travel services included in the package travel contract, regardless of whether these services are to be provided by the organizer or by another travel service provider, except in the following cases:
a) when the non-fulfillment or defective fulfillment of the obligations assumed by the contract is due to the traveler;
b) when the failure to fulfill the obligations is due to force majeure or circumstances that neither the Agency nor the service providers could foresee or avoid, including, but not limited to: change of airline, schedule or itinerary, delays in transport traffic, breakdown of the means of transport, accident, blockages, works or repairs on public roads, failure to meet the minimum group due to last-minute cancellations or failure to obtain visas by all participants. The Agency is not liable for damages caused to the traveler as a result of flight delays (including charter), loss of luggage and other circumstances that are the sole responsibility of the carrier under specific regulatory acts.
c) when the failure to fulfill obligations is due to a third party who is not related to the provision of the services provided for in the contract, and the causes that determined the failure to fulfill obligations are of an unpredictable and inevitable nature.
4.7. The Agency, through its agent, is obliged to provide the Traveler in writing or by any electronic means of communication agreed in writing with the Traveler (e-mail, fax, sms, etc.), at least 3 days before the departure date, the following information:
a) the schedules, stopover locations and connections, as well as, where applicable, the place to be occupied by the tourist in each of the means of transport included;
b) the name, headquarters/address, telephone and fax numbers, e-mail addresses of the local representative office of the organizer and/or the retailer or, in their absence, an emergency call number allowing the organizer and/or the retailer to be contacted;
c) for the travel of minors unaccompanied by parents, information allowing parents to establish direct contact with the child or with the person responsible at the child's place of accommodation.
4.8. The traveler is obliged to inform the Agency, without undue delay, within 24 hours at most, of any non-conformity he/she finds during the performance of the travel service included in this contract, taking into account the circumstances of the case.
4.9. The Agency shall provide adequate assistance without undue delay to the traveler in difficulty, in the event of force majeure or an event that neither the organizer, nor the supplier or service provider, despite all the effort made, could foresee or avoid, in particular with regard to:
a) providing appropriate information on health services, local authorities and consular assistance;
b) carrying out remote communications and supporting the traveler in finding alternative travel services.
The Agency may charge a reasonable fee for such assistance if the traveler has caused the difficulty intentionally or through his own negligence. The fee shall in no case exceed the actual costs incurred by the Agency.
4.10. The Agency informs the person transferring the contract (the transferor) of the actual costs of the transfer.
4.11. If one of the travel services is not performed in accordance with the package travel contract, the Agency will remedy the non-compliance, except in one of the following cases:
a) the non-conformity cannot be remedied;
b) the remedy involves disproportionate expenses, taking into account the scope of the non-compliance and the value of the travel services affected.
4.12. When a significant part of the travel services cannot be performed as agreed in the package travel contract, the Agency will offer, at no additional cost to the traveler, suitable alternative services for the continuation of the contract, as far as possible equivalent or of better quality than those specified in the contract, including if the traveler's return to the place of departure is not ensured as agreed. In the case of a change of accommodation, it is considered to be a suitable alternative service for the continuation of the package to offer accommodation in the same location, in the closest variant to the original one.
4.13. If the alternative services proposed, according to art. 4.12., result in a package of lower quality than that specified in the package travel contract, the Agency will grant the traveler an appropriate price reduction.
4.14. The traveler may reject the alternative services proposed in accordance with art. 4.12. only if they are not comparable to what was agreed in the package travel contract or the price reduction granted is inadequate.
4.15. If the non-conformity substantially affects the performance of the package and the Agency has failed to remedy it within a reasonable period set by the traveler, the traveler may terminate the contract for the package travel services without paying a termination penalty and, where appropriate, may request, in accordance with art. 5.14.-5.15, a price reduction and/or compensation.
4.16. To the extent that it is impossible to ensure the return of the traveler as agreed in the package travel contract due to unavoidable and extraordinary circumstances, the Agency will bear the cost of the necessary accommodation, as far as possible of equivalent category, for a period not exceeding three nights per traveler.
4.17. The Agency shall provide appropriate assistance without undue delay to the traveler in difficulty, including in the circumstances provided for in art. 4.15., in particular by:
a) providing appropriate information on health services, local authorities and consular assistance;
b) carrying out remote communications and supporting the traveler in finding alternative travel services.
4.18. The Agency has the possibility to claim a reasonable commission for such assistance in case the traveler is the one who caused the difficult situation intentionally or through his own negligence. The commission does not exceed the actual costs borne by the Agency in any case.
4.19. If the Agency has not fulfilled the information requirements regarding fees, charges, termination penalties or other additional costs, prior to the conclusion of the package travel contract, the traveler will not bear such fees, charges, termination penalties or other costs.
4.20. The Agency is not responsible if the presentation of a negative PCR test or vaccine is requested by the airline and/or the authority of the destination country, and the costs are borne by the CLIENT.
5. The rights and obligations of the traveler
5.1. If the traveler is unable to participate in the trip regardless of the reasons underlying the impossibility of participation, he may assign the contract to a third party who meets all the conditions applicable to the contracted travel package, with the obligation to notify the Agency in writing at least 5 days before the departure date. In this case, an assignment contract shall be concluded between the traveler who cannot participate in the contracted trip (the assignor), the third party (the assignee) and the Travel Agency (assigned debtor) regarding the contracted and assigned travel package. The responsibility for concluding the assignment contract lies, as the case may be, with either the assignor or the assignee, and never with the Travel Agency (assigned debtor).
5.2. The traveler who transfers his package of services, as well as the transferee, are jointly and severally liable for the payment of the travel price and any additional costs incurred on the occasion of this transfer. If the means of transport is an airplane, the transfer can only be made if the air carrier allows this change.
5.3. The Agency will inform the person transferring the contract of the actual costs of the transfer.
5.4. The Agency shall present to the person transferring the contract evidence of the additional costs, commissions or other costs generated by the transfer of the package travel contract.
5.5. In the case of rest and/or treatment stays with the place of occurrence in Romania, the traveler is obliged to respect the following service provision schedule: accommodation is usually provided at 6:00 PM on the day of entry and ends, usually, at 12:00 PM on the day of departure as stated on the travel documents (voucher, rest and/or treatment ticket, excursion ticket, etc.). Any additional costs generated by failure to vacate the accommodation spaces by the times specified above at the latest are the sole responsibility of the traveler.
5.6. If the prices set in the contract are increased by more than 8%, regardless of the reasons for the increase, the traveler may unilaterally terminate/denounce the contract without any obligation to the Agency, having the right to immediate reimbursement by the Agency of the amounts paid, including the commission.
5.7. The traveler is obliged to communicate his option to the Agency, within 5 days from receiving the notification provided for in chapter IV, points 4.2.-4.3. regarding the modification of the essential provisions of the contract, being able to opt for:
a) unilateral termination/denial of the contract without payment of penalties; or
b) acceptance of the new contract conditions.
5.8. If the traveler decides to participate in the trip on which changes have been made under the conditions of chapter IV, points 4.2.-4.3., it is considered that all changes have been accepted and the traveler cannot request further compensation due to changes of this type.
5.9. If the contract regarding the package travel services is terminated, the traveler may accept another package, when it is offered by the Agency, if possible, of equivalent or superior quality.
5.10. The Agency will inform the traveler, without undue delay and in a clear, intelligible and well-marked manner, on a durable medium, regarding:
a) the proposed changes provided for in art. 4.2.-4.3. and art. 4.7. and, where applicable, and in accordance with art. 5.11. their impact on the price of the package;
b) the deadline within which the traveler must inform the Agency of his decision pursuant to art. 4.8;
c) the consequences of the passenger's lack of reaction within the period provided for in letter b), in compliance with the legal provisions in force;
d) where applicable, the substitution package offered and its price.
5.11. If the changes made to the contract regarding the package travel services provided for in art. 4.2.-4.3. or art. 4.7. result in a decrease in the quality or cost of the package, the traveler is entitled to a corresponding price reduction.
5.12. If the contract for the package travel services is terminated pursuant to art. 4.2-4.3. and the traveler does not accept another package, the Agency will reimburse all payments made by or on behalf of the traveler, without undue delay and, in any case, no later than 14 days from the date of termination of the contract, in compliance with the provisions on price reduction and compensation.
5.13. In the application of art. 4.2.-4.3. it is considered to be a significant change including the change of accommodation. In this case, travelers are offered the closest option in the respective location of equivalent or superior quality. At the same time, significant changes are understood as important changes to any of the main characteristics of the travel services:
A significant change is also the impossibility of fulfilling the traveler's special requirements, which the organizing travel agency has previously accepted.
5.14. The traveler benefits from an appropriate price reduction for any period in which there was a non-conformity, unless the Agency proves that the non-conformity is attributable to the traveler.
5.15. The traveler has the right to receive adequate compensation from the Agency for any damage suffered as a result of a non-conformity. The compensation shall be granted without undue delay.
5.16. The traveler is not entitled to compensation for damages if the Agency proves that the non-conformity occurs in one of the following situations:
a) is attributable to the traveler;
b) is attributable to a third party not connected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable;
c) is caused by unavoidable and extraordinary circumstances.
5.17. The traveler may terminate the package travel contract at any time before the start of the package. If the traveler terminates the package travel contract, he may be required to pay the Agency an appropriate and justifiable termination penalty.
5.18. The package travel contract may provide for reasonable standardised termination penalties, depending on the time of termination of the contract before the start of the package, as well as the expected cost savings and income generated by the alternative performance of the travel services. In the absence of standardised termination penalties, the amount of the termination penalty shall correspond to the price of the package, less the cost savings and income generated by the alternative performance of the travel services. At the request of the traveller, the Agency shall provide justification for the amount of the termination penalties.
5.19. By way of exception to art. 5.17., the traveller has the right to terminate the contract for the package travel services before the start of the package, without paying any termination penalty, in the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which significantly affect the performance of the package or which significantly affect the transport of passengers to the destination.
5.20. In the event of termination of the package travel contract, under the conditions of art. 5.19, the traveler is entitled to a full refund of any payment made for the package, but is not entitled to any additional compensation.
5.21. The Agency may terminate the contract for the package travel services and provide the traveler with a full refund of all payments made for the package, but is not liable for the payment of additional compensation, in one of the following cases:
a) the number of people registered to participate in the respective package is less than the minimum number established in the contract, and the Agency notifies the traveler of the termination of the contract within the period established in the contract, but no later than:
(i) 20 days before the start of the package, in the case of trips lasting more than six days;
(ii) 7 days before the start of the package, in the case of trips lasting between two and six days;
(iii) 48 hours before the start of the package, in the case of trips lasting less than two days;
b) The Agency cannot perform the contract due to unavoidable and extraordinary circumstances and notifies the traveler of the termination of the contract, without delay and before the start of the package execution.
5.22. The Agency shall make any necessary reimbursement pursuant to art. 5.19 – 5.21. or, as the case may be, pursuant to art. 5.17., shall reimburse any payments made by or on behalf of the traveller for the package, less the appropriate termination penalty. Such refunds or reimbursements shall be made to the traveller without undue delay and, in any event, no later than 14 days after the termination of the package travel contract.
5.23. The traveler has the right to unilaterally terminate/denounce the contract at any time, in whole or in part, and if the unilateral termination/denouncement is attributable to him, he is obliged to compensate the Agency for the damage caused to it, according to the provisions of Chapter VI, except for cases of force majeure defined according to the law. The compensation may amount to a maximum of the price of the contracted travel service package.
5.24. If the traveler chooses to move to a hotel other than the one originally contracted and paid for, the financial responsibility for the cancellation belongs to him. The Agency will resolve the traveler's requirements within the limits of its possibilities, with any price differences to be borne by the traveler. If the traveler requests without justification a change in the hotel, the structure of the rooms or any of the services, this is equivalent to the unilateral termination/cancellation of the contract, with the application of the penalties provided for in chapter VI at that time and the conclusion of a new contract.
5.25. The traveler is obliged to pay the resort fee, sanitation fee, as well as other local taxes at the hotel reception, without being able to claim compensation or a refund from the Agency.
5.26. The traveler is obliged to present at the hotel reception his/her identity documents, as well as the travel document issued by the Agency (voucher, holiday and/or treatment ticket, etc.), in order to provide tourist services. If the traveler benefits from holiday and treatment tickets, he/she is obliged to present at the hotel reception a referral letter from the family doctor and proof of payment of social security contributions, up-to-date.
5.27. The Traveler acknowledges that the services he purchases without being part of the contract with the Travel Agency are under the strict responsibility of the local provider, are governed by the legislation of the destination country, and the Travel Agency has no responsibility for the services in question.
5.28. If the traveler needs to complete additional formalities in order to travel (for example, traveling with minors, the situation in which the traveler's name is changed as a result of marriage/dissolution, etc.), he/she is obliged to fulfill all legal requirements. For optimal information, the Agency also recommends consulting the Border Police website. If the traveler does not comply with his/her obligation to inform himself/herself about the additional formalities necessary for the trip that are not the responsibility of the Agency (for example, in the case of traveling with minors, power of attorney from the parent or legal representative who is not accompanying him/her or any other additional documents - the list being exemplary), the Agency is exempted from any liability in the event of the impossibility of completing the trip.
5.29. The travel agency recommends that travelers contact it 24 hours before departure to reconfirm boarding details (flight schedule, boarding location, etc.).
5.30. If a single person hires services for a larger number of travelers, the contractual conditions automatically extend to the entire group for which the services were paid.
5.31. The traveler is obliged to use the means of transportation, the hotel room and the goods in its equipment as a good owner and according to their destination. The Agency is not responsible for any damage caused or injuries suffered by the traveler as a result of failure to comply with this paragraph.
5.32. The traveler is obliged to respect the place, date and time of departure both on the outward and return journeys, as well as the places, dates and times established during the contracted tourist program. All expenses and damages resulting from the traveler's failure to comply with the provisions regarding meeting places and times will be borne by him.
5.33. If the traveler who entered the territory of the state in which the travel package is made refuses to return to Romania and the authorities of that country incur expenses of any kind with him, the respective traveler is obliged to bear all these expenses.
5.34. For unaccompanied minors, information will be provided to the Agency, allowing the latter to contact the minor or the person responsible for him/her directly.
6. Waivers, penalties, compensation
6.1. If the traveler abandons the travel service package that is the subject of this contract through his own fault, he owes the Agency penalties as follows:
6.1.1. In the case of external travel services, the penalties are:
a) 30% of the price of the service package, if the cancellation is made between the day of reservation confirmation and 60 days before the departure date;
b) 50% of the price of the service package, if the cancellation is made between 59 and 30 calendar days before the departure date;
c) 80% of the price of the service package, if the cancellation is made between 29 and 7 calendar days before the departure date;
d) 100% of the price of the service package, if the cancellation is made less than 7 calendar days before the departure date or for non-appearance at the program.
e) 100% of the price of the service package, if the traveler purchased the travel service package under special programs such as Early Booking, Black Friday, Last minute, or other similar programs, regardless of the date on which the traveler requests the cancellation.
If the Order Form provides for penalty conditions other than those in this p. 6.1.1, only the penalties in the Order Form shall apply.
6.1.2. In the case of domestic travel services, the penalties are:
a) 30% of the price of the service package, if the cancellation is made between the day of reservation confirmation and 60 days before the departure date;
b) 50% of the price of the service package, if the cancellation is made between 59 and 30 calendar days before the departure date;
c) 80% of the price of the service package, if the cancellation is made between 29 and 7 calendar days before the departure date;
d) 100% of the price of the service package, if the cancellation is made less than 7 calendar days before the departure date or for non-appearance at the program.
e) 100% of the price of the service package, if the traveler purchased the travel service package under special programs such as Early Booking, Black Friday, Last minute, or other similar programs, regardless of the date on which the traveler requests the cancellation.
If the Order Form provides for penalty conditions other than those in this p. 6.1.2, the penalties in the Order Form always apply exclusively.
6.2. If the traveler who has contracted a travel package with the Agency and paid an advance payment does not appear within the deadline communicated in writing to pay the related installments or the remaining payment, the contract is considered terminated by law, and the Agency has the right to cancel the reservations made for the traveler's benefit, subject to the penalties provided for in point 6.1.
6.3. For vacation and/or treatment tickets purchased through trade union organizations, the Agency will make refunds only based on waiver requests countersigned and stamped by the representative of the trade union organization.
6.4. If an embassy refuses to grant an entry visa for the service package, the traveler will be charged all fees owed by the Agency to direct providers, as well as its own operating expenses.
6.5. Penalties equivalent to those indicated in points 6.1.1 letter c) or d), respectively 6.1.2 letter b) or c) shall also apply if the traveler does not arrive on time at the airport or at the place of departure/destination, if he cannot leave on the trip because the personal documents necessary for the trip do not comply with legal norms or he is unable to leave the country for other reasons related to his person.
6.6. The traveler must submit a written request to cancel the travel package to the Agency where he paid for the services. Otherwise, the cancellation request will not be considered.
6.7. The Agency will award compensation depending on the degree of non-compliance with the obligations under the contract.
6.8. The Agency is not liable in situations of strike, political conflicts and war, catastrophes, public danger, terrorist attack, international embargo, as well as in cases where airlines establish limits of liability. All these situations that are not attributable to any party are considered force majeure situations and exempt the Agency from liability.
6.9. All amounts mentioned in points 6.1, 6.2, 6.4 and 6.5 will be withheld by the Agency from the advance or the total price of the travel service package paid by the traveler, without the need for the intervention of the courts.
6.10. The indicated cancellation/penalty conditions are standard and apply in all cases, except for those where the booked/confirmed program has its own cancellation/penalty rules (see the conditions of the offer or the tourist program - examples: New Year's Eve programs, individual tourism, domestic tourism, cruises, exotic destinations, the German booking systems Dertour and TUI, etc.). In addition to the penalties indicated above, the traveler will also bear any taxes (e.g. visa fee), if these are not included in the contract value.
6.11. If the payment for domestic travel services was made with, or also with, holiday vouchers, the penalty will be deducted first from the value of the holiday vouchers. If the penalty is higher than the value of the holiday vouchers, the difference exceeding the value of the holiday vouchers will be withheld from the value paid through other payment instruments. If the value of the holiday vouchers is higher than the value of the penalty, the difference will not be refunded either in vouchers or in cash if the traveler does not want another tourist service.
6.12. In the context of the SARS-CoV-2 (C0VID19) pandemic, the Traveler/Traveler's representative expressly acknowledges and accepts the possibility that, after the conclusion of this contract, but also during the travel stay, restrictions or new travel conditions may be established both in the destination country and in Romania (by way of example, but not limited to: the obligation to wear a protective mask, the presentation of a negative antigen/PCR test or the obligation to perform it in the destination country, entry into quarantine or self-isolation upon returning to Romania). By signing this contract, the traveler/traveler's representative assumes the risk of the occurrence of one or more of the conditions presented above (risks that cannot fall under the responsibility of the Agency and that relate to decisions of third parties, by way of example, but not limited to: local/national authorities in the destination countries or in Romania respectively) and expressly acknowledges and accepts that under no circumstances can these be attributed to the Agency and cannot constitute a reason for withdrawal without penalty for the traveler.
6.13. The Agency is exempted from any liability if, after the start of the trip, the border guard service/border police or other competent authority refuses to grant the traveler the right to exit/transit/enter the territory of a state, necessary for the performance of the travel services. In this situation, the traveler will be charged the total value of the travel package.
6.14. If the payment for domestic travel services was made with, or also with, holiday vouchers, the penalty will be deducted first from the value of the holiday vouchers. If the penalty is higher than the value of the holiday vouchers, the difference exceeding the value of the holiday vouchers will be withheld from the value paid through other payment instruments. If the value of the holiday vouchers is higher than the value of the penalty, the difference will not be refunded either in holiday vouchers or in cash if the traveler does not want another travel service. If the traveler expresses his/her desire to purchase another travel service, for a later period, then the difference between the value of the vouchers and the value of the penalty will be used for this new service.
6.15. In the case of travel to certain destinations that require obtaining a visa or completing health-related formalities in the destination country, the Agency recommends consulting the website: http://www.mae.ro, for complete information on the visa regime and https://www.mae.ro/travel-conditions, for other aspects related to travel conditions, including those related to health formalities. If the traveler does not comply with his obligation to inform himself about the additional formalities necessary for the trip, which are not the responsibility of the Agency (e.g. the need to obtain a visa or the need to have a passport or/and identity card, depending on the case, health insurance or any other additional documents - the list being exemplary), the Agency is exempted from any liability in the event of the impossibility of completing the trip. The traveler is obliged to communicate to the Agency, on the date of signing the Contract, his citizenship and to present the documents on the basis of which he intends to travel.
7. Complaints
7.1. The traveler informs the Agency, through the agent, without undue delay, regarding any non-conformity he/she finds during the execution of a travel service included in the contract.
7.2. If the traveler is dissatisfied with the travel services received, he/she is obliged to make a written complaint on the spot, clearly and explicitly, regarding the deficiencies found, related to the realization of the contracted travel service package, which will be promptly transmitted to both the Agency representative and the travel service provider (hotel management, restaurant, local representatives of the tour operator).
7.3. Both the Agency and the travel service provider will act immediately to resolve the complaint. If the complaint is not resolved or is partially resolved, the traveler will submit a written complaint to the Agency's headquarters, within a maximum of 5 calendar days from the end of the trip, and the Agency will, within 30 calendar days, notify the traveler of the compensation due to him, as the case may be.
Contact details of the Agency for BOOKING HOLIDAYS assistance:
Phone: 0790642789; Email: office@bookingvacante.ro
Contact details of the Organizing Agency for assistance:..........., E-mail: ...........
7.4. If the traveler fails to fulfill the obligations mentioned in points 7.2 and 7.3 above, the Agency is exempt from any liability regarding the reported deficiencies.
7.5. If any of the travel services are not performed in accordance with the requirements of this contract, the Agency shall remedy the non-compliance, except in one of the following cases:
a) the non-conformity cannot be remedied;
b) the remedy would involve disproportionate expenses, taking into account the extent of the non-compliance and the value of the travel services affected.
If the Agency, in accordance with the first subparagraph letter a) or b) of this paragraph, does not remedy the non-conformity, the traveler is entitled to a corresponding price reduction for any period during which there was a non-conformity, unless the Agency proves that the non-conformity is attributable to the traveler.
7.6. If the non-conformity substantially affects the execution of the package, and the Agency has failed to remedy it within a reasonable period set by the traveler, the traveler may terminate this contract without paying any termination penalties and, as the case may be, may request a price reduction and/or compensation.
7.7. The traveler acknowledges and accepts the prohibition of negative publicity for the Agency and the services provided by it, without having completed the procedure for registering and resolving complaints provided for in Chapter XI. Failure to comply with this provision entitles the Agency to seek compensation from the court for the damage suffered.
7.8. Only complaints made in a personal name will be taken into account.
Alternative Dispute Resolution ("ADR") Procedure
7.9. Alternative Dispute Resolution ("ADR") is an alternative mechanism to the judicial system through which consumers are offered the possibility of resolving disputes they may have with traders, when faced with a problem related to the purchase of a product or service. Thus, complaints against traders are voluntarily submitted by consumers, to be resolved in an independent, impartial, transparent, fast and fair manner.
7.10. The Alternative Dispute Resolution Directorate (SAL Directorate) within the National Authority for Consumer Protection ("ANPC"), has the competence to alternatively resolve national and cross-border disputes arising from sales contracts or service contracts concluded with a trader carrying out activities in Romania, in the sectors of activity in which ANPC is competent.
7.11. The SAL application, the list of SAL counselors, the SAL procedure and the applicable legislation can be consulted here: https://anpc.ro/galerie/file/diversefg/CerereSAL2.pdf
8. Insurance
8.1. According to the provisions of OG no. 2/2018 and Order 156/2019 issued by the Ministry of Tourism, the traveler is insured for the reimbursement of the amounts paid by him in connection with the travel service packages, in the event of the insolvency of the organizing travel agency and in connection with the associated travel services, as defined in art. 3 point 16 of OG no. 2/2018, to the extent that the Organizer facilitates associated travel services, with the Insurance Company GERMAN ROMANIAN ASSURANCE SA with headquarters in Bucharest, Aleea Alexandru no. 51, Sector 1 and the Insurance Policies regarding the protection in case of insolvency of the organizing travel agency are: - Insurance Policy series and no. series I 58425 regarding the protection in case of insolvency of the Organizing Travel Agency valid until 2026-11-01. All insurance policies are displayed on the website of the Travel Agency.
8.2. The conditions under which the traveler will be compensated by the insurance company are:
8.2.1. If the Agency does not repatriate the traveler, the traveler is obliged to immediately notify the insurance company by phone, fax or e-mail. In this situation, the insurance company is not obliged to immediately pay the equivalent of the repatriation expenses, but to reimburse them after the traveler's return to Romania, under the terms of the insurance policy concluded between the Agency and the insurance company.
8.2.2. If the traveler requests the Agency to reimburse the amounts paid and/or repatriation expenses, he/she must send the supporting documents to the Agency by registered letter with acknowledgment of receipt. The traveler is obliged to keep photocopies of the respective supporting documents. The traveler may request the Agency to reimburse the amounts paid and/or repatriation expenses within 15 (fifteen) calendar days from the date of completion of the travel package or from the date of repatriation.
8.2.3. The traveler is obliged to notify the insurance company, by registered letter with acknowledgment of receipt, regarding the request addressed to the Agency regarding the reimbursement of the amounts paid and/or repatriation expenses, within 5 (five) calendar days from the date of the confirmation of receipt provided for in point 8.2.2.
8.2.4. If, within 15 (fifteen) calendar days from the date of confirmation of receipt of the supporting documents by the Agency, the traveler has not received the amounts requested from it, the insured event occurs.
8.2.5. Within 10 (ten) calendar days from the date of the insured event, the traveler is obliged to send the insurance company, by registered letter with acknowledgment of receipt, the claim for compensation accompanied by the supporting documents.
8.2.6. Supporting documents mainly consist of:
a) the contract for the sale of the travel package;
b) the acknowledgements of receipt specified in points 8.2.2, 8.2.3 and 8.2.5;
c) photocopies of advance payment documents (receipts, payment orders, etc.), in the case of requests for reimbursement of amounts paid by the traveler;
d) photocopies of transport and accommodation documents, in case of requests for reimbursement of repatriation expenses. The insurance company has the right to request other supporting documents from the traveler.
8.2.7. The compensation cannot exceed the amount paid by the traveler in the contract for the sale of the travel package nor the amounts necessary for his repatriation, in compliance with the legal provisions in force.
8.2.8. Compensation will be paid within 30 (thirty) calendar days from the date of receipt by the insurance company of the supporting documents from the traveler.
8.2.9. If, after payment of compensation, the Agency pays the debit to the traveler, the traveler is obliged to refund the compensation received to the insurer, within 5 (five) working days from the date of receipt of the amounts representing the debit from the Agency.
8.2.10. Optionally, the traveler has the possibility of concluding an insurance contract, covering transfer fees, or an assistance contract covering repatriation fees in case of accidents, illness or death, a luggage insurance contract, an insurance contract for medical services at the destination or a cancellation insurance or other types of travel insurance. The Agency recommends concluding a cancellation insurance to cover any cancellation penalties. The traveler can inquire at the agencies about the cases covered by the cancellation insurance, which can be concluded at the travel agency where he purchased the travel package, if the Agency offers this type of service.
8.3. The Agency is not responsible for any failure to comply with the obligations stipulated in the insurance policies contracted through the Agency, as it is only an intermediary between the traveler and the insurer.
8.4. The client wants, does not want to purchase a comprehensive travel insurance policy (includes cancellation insurance)
The above-mentioned insurance policy does not cover the risk of contracting COVID-19 (according to the general conditions accompanying the insurer's policy).
9. The contract documents are annexed to it and are as follows:
a) voucher, rest/treatment ticket, excursion ticket, order form, as applicable;
b) the tourist program, in the case of tourist actions;
c) catalogs/leaflets/offers/other documents/etc. of the Agency made available to the traveler, in printed format or on electronic media.
10. Termination of the package travel contract and right of withdrawal before the start of the package
10.1. The traveller may terminate the package travel contract at any time before the start of the package. If the traveller terminates the package travel contract, he may be required to pay the organising travel agency an appropriate and justifiable termination penalty in accordance with art. 5.17.
10.2. The package travel contract may provide for reasonable standardised termination penalties, depending on the time of termination of the contract before the start of the performance of the package, as well as on the expected cost savings and income generated by the alternative performance of the travel services. In the absence of standardised termination penalties, the amount of the termination penalty shall correspond to the price of the package, less the cost savings and income generated by the alternative performance of the travel services. At the request of the traveller, the Agency shall provide a justification for the amount of the termination penalties.
10.3. By way of exception to art. 10.1., the traveller has the right to terminate the contract for the package travel services before the start of the package, without paying any termination penalty, in the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which significantly affect the performance of the package or which significantly affect the transport of passengers to the destination.
10.4. In the event of termination of the package travel contract, under the conditions of art. 10.3., the traveler is entitled to a full refund of any payment made for the package, but is not entitled to any additional compensation.
10.5. Under the conditions provided for in art. 5.21.
10.6. The Agency shall make any refund required under Articles 10.3. – 10.5. or, as the case may be, under Article 10.1., refund any payments made by or on behalf of the traveller for the package, less the appropriate termination penalty. Such refunds or refunds shall be made to the traveller without undue delay and, in any event, no later than 14 days after the termination of the package travel contract.
10.7. The contract terminates by law upon completion of the actual provision of the travel service package recorded in the travel documents.
11. Final provisions
11.1. This contract was concluded in two copies, one for each party.
11.2. The marketing of travel service packages will be carried out in accordance with the provisions of this contract and in compliance with the provisions of Government Ordinance no. 2/2018, republished.
11.3. All accommodation units, as well as means of transport, are classified by the competent bodies of the destination countries, according to internal procedures and local regulations, where they exist, which differ from one country to another and from one type of destination to another.
11.4. The traveler declares that the Travel Agency has fully informed him/her about the conditions for the sale of travel service packages, in accordance with the provisions of Government Ordinance no. 2/2018. By signing this contract or by accepting travel service packages, including those purchased remotely by electronic means, the traveler expresses his/her agreement and acknowledgment of the general conditions for the sale of travel service packages, in accordance with the Travel Agency's offer.
11.5. Disputes arising between the parties shall be resolved amicably, otherwise the parties agree to address the competent courts.
11.6. The contract will be interpreted in accordance with the laws of Romania.
12. Processing of personal data
The traveler declares that he has been expressly informed by the Agency, respectively has taken note of and agrees with the PRIVACY POLICY REGARDING THE PROCESSING OF PERSONAL DATA
available and displayed in the Agency, as well as on the Agency's website at https://www.bookingvacante.ro /gdpr-politica-de-confidentialitate/ in the context of the entry into force of the European Data Protection Regulation no. 679/2016 ("GDPR"). By signing the contract, the traveler expressly declares and agrees that his personal data will be transferred to partners from third countries, respectively from outside the European area or outside the European Economic Area, only for the purpose of achieving the object of this Contract, respectively in order to purchase the travel services mentioned in Chapter I.
