CONTRACT
for the Sale of INCOMING Package Travel
No. . . . . . . . . . . of . . . . . . . . . .
The Contracting Parties:
EXIMTUR SRL, a company organised and functioning under Romanian
law, having its registered office located in Cluj-Napoca, at 16, Nichita
Stănescu Street, formed with the Trade Register in Cluj, no. J12/1029/1993 and
tax registration no. (CUI) RO3553943, legally represented by Mrs Lucia Nora
Morariu as General Director, hereinafter referred to as both EXIMTUR or the Agency,
as applicable, owner of the Travel Business Licence issued under number 213, valid
indefinitely for the travel agencies listed under section 7(2), and
The
Traveller / Traveller’s representative, Mr/Mrs. . . . . . . . . ., phone no. .
. . . . . . . . ., mobile no. . . . . . . . . . ., e-mail . . . . . . . . .
.,
have agreed to enter into this contract (hereinafter the ‘Contract’).
I. SCOPE AND SUBJECT MATTER
1.1.
Under this Contract:
1.1.1.
EXIMTUR, as travel organiser, agrees
to sell the package travel specified in the voucher, holiday voucher, treatment
voucher, excursion voucher, purchase order (hereinafter the ‘Purchase Order’ or
‘P/O’) or any other written instrument attached hereto, and to further issue
all the necessary payment and travel documents. In compliance with the applicable regulations in force, EXIMTUR is
Travel Organiser for the following package travel stipulated herein: ‘TIPPInc’
and ‘TIPCInc’.
Therefore, for these types of
package travel, EXIMTUR provides assurances for the refund of all the payments
made by or on behalf of the travellers to the extent to which the relevant
services cannot be rendered due to EXIMTUR’s insolvency.
1.1.2.
EXIMTUR, who also acts as a travel
intermediary according to the applicable regulations and to the clauses of the
agreements concluded by EXIMTUR with
other travel organisers (in this case,
the travel organiser, other than EXIMTUR will be referred to herein as the
Agency or the Organiser) agrees to broker the sale of package travel
created by the Organiser and specified in the voucher, holiday voucher,
treatment voucher, excursion voucher, P/O or any other written instrument attached
hereto, and to further issue all the necessary payment and travel documents. In compliance with the applicable
regulations in force, EXIMTUR is Travel Intermediary for the following package
travel stipulated herein: ‘TIREVInc’.
Therefore, for these types of
package travel, the Organiser provides assurances for the refund of all the
payments made by or on behalf of the travellers to the extent to which the
relevant services cannot be rendered due to the Organiser’s insolvency. EXIMTUR
agrees to inform the Traveller accordingly about such assurances in the Pre-contractual
Information Form.
1.2.
The features of the package
travel, as well as EXIMTUR’s contractual capacity in the relationship with the
Traveller (whether Travel Organiser or Travel Intermediary) are stipulated in
the P/O, which forms an integral part of this Contract.
II. CONTRACT CONCLUSION
2.1. The Contract is concluded—as applicable—when
signed, or when the P/O, which is an integral part hereof, is signed by the
Traveller, or when the Traveller accepts the contractual terms and conditions
of travel, including for travel services purchased by telephone order and/or by
electronic means.
For the purpose hereof, with respect to the travel services purchased by
telephone or electronic means, the Traveller shall be deemed to have accepted
the contractual terms and conditions of travel when:
a) The Traveller expresses
his/her consent by sending an email to the Agency from the email address he/she
has declared as being the address for correspondence / contact;
b) The Traveller expresses
his/her verbal consent during a phone conversation with an agent of the Agency,
provided such conversation is recorded and the Traveller consented to such
recording;
c) The Traveller expresses
his/her consent by paying the cost of the package travel, based on the invoice
issued by the Agency;
2.2. In order to process a booking for travel services, the Agency
may ask the Traveller to pay an advance of up to 90% of the package price or
the entire price of such package, depending on when the Traveller orders the
services.
2.3.
Where, subject to the Traveller’s consent, this Contract is made available in
full to the Traveller in the form of a catalogue, brochure or other written
material, the Agency’s website or other electronic means of communication
(email, fax, etc.), the duty to inform the Traveller shall be deemed to have
been fulfilled by specifying this information in the P/O, in the travel papers
or in the payment documents issued by the Agency to the Traveller, there being
no other requirement to conclude the package travel contract in writing, on
paper.
2.4. This Contract shall lawfully end when the
package travel is effectively delivered, according to the travel documents.
III. CONTRACT PRICE AND PAYMENT TERMS
3.1. The total price of the package travel (hereinafter
the ‘Price’) is . . . . . . . . . ., inclusive of all taxes, fees and other
additional costs borne by the Agency. Where the Price is not specified in the
Contract, then it must be stipulated in the P/O, travel papers, catalogues, brochures,
other materials or documents made available to the Traveller, the Agency’s
website, other electronic means of communication and/or on the invoice.
3.2. Payment terms:
a) For Pre-arranged packages for domestic destinations, within Romania (hereinafter
‘TIPPInc’):
- According to the payment
conditions specified for every programme in the P/O;
b) For Combined packages for domestic destinations, within Romania (hereinafter
‘TIPCInc’):
- 20% advance payment of the Price upon contract conclusion; the remaining amount
must be settled by the deadline specified in the P/O as being the due date for
the full payment (ie 100% of the Price). Where the due date is not specified in
the P/O upon being signed by the Traveller, then the Agency will be required to
subsequently notify it to the Traveller, in writing, by email, text message or
any other means of communication;
c) For Packages brokered by EXIMTUR on behalf of Organisers based in Romania,
for domestic destinations (hereinafter ‘TIREVInc’):
- According to the payment
conditions specified for every programme in the P/O.
Where the P/O sets out different payment terms than those stipulated above
under Article 3(2), paragraphs (a) to (c), the terms provided in the P/O will prevail
and apply exclusively.
3.3. Travellers may pay for an external package
travel in a single currency, either in the currency specified in the applicable
contract or in RON, at the official exchange rate indicated by NBR on the
invoicing day.
3.4.
Where the Traveller wishes to pay for the package by bank transfer or direct
deposit to the Agency’s bank account, he/she may choose any of the following
payment methods:
Transfer or direct deposit to the Agency’s bank accounts opened with Unicredit
Bank S.A., namely:
- RON payments: RO63BACX0000000772099007;
- EUR payments:
RO20BACX0000000772099005;
- USD payments:
RO36BACX0000000772099008.
IV. AGENCY’S RIGHTS AND OBLIGATIONS
4.1. The Agency reserves the right to unilaterally change the terms
of this Contract before the start of the package, provided such changes are not
material and the Agency informed the Traveller at least 24 hours prior to the start of the travel.
Where a material change must be made to any of the Contract’s essential
clauses, prior to the start of the package, such as: main features of the
travel services, change of accommodation, over 8% increase in price, or where
the Traveller’s specific requirements, to which the Agency had previously
agreed, cannot be met, then the Agency will inform the Traveller at least 10 days before the start of the travel.
In the cases laid down under Article 4(3) paragraphs (b) and (c), the
Traveller must be informed in due time, in order to allow him/her to decide on
the start of the travel.
4.2. The
Agency may increase or reduce the Price, as applicable, being required to show
the manner in which such increase or decrease was calculated. Price increases
are allowed only as a direct consequence of changes occurring in relation to at
least one of the items below and only where the amendment is due to changes in:
(a) the price of passenger
carriage, generated by fuel or other energy source costs;
(b) charges or fees applicable to the travel
services included in the contract, imposed by third parties who are not
directly involved in the performance of the package travel, including travel
charges, landing fees, boarding or debarking fees in ports and airports; or
(c) the exchange rate applicable to that package.
The Price of the Contract may be increased subject to the Agency sending the
Traveller a clear and intelligible notice about such increase, together with a
relevant explanation for it, on a durable medium, at least 20 days before the
start of the package.
4.3. The Agency is liable for the good performance
of the travel services included in the contracted package, regardless whether
such services will be rendered by the Agency or by a different travel provider,
except where:
a) the non-performance or poor performance of
contractual obligations is the Traveller’s fault;
b) the non-performance of contractual obligations
is caused by Force Majeure events or any circumstances which couldn’t have been
reasonably predicted or avoided by the Agency or the travel providers,
including but not limited to: change of airline, of schedule or itinerary,
delays in public transport services, breakdowns of public transport vehicles,
accident, traffic jams, works or repairs to public roads, failure to reach the
minimum number of travellers in the travel group due to last minute
cancellations or visa denials or delays for all travellers. The Agency will not
be held accountable for the losses caused to the Traveller due to delays in air
flights (including charter flights), baggage losses and any other circumstances
which fall exclusively on the carrier, in compliance with the applicable
regulations;
c) the non-performance of contractual obligations
is caused by a third party who is not connected to the delivery of the
contracted services, and the causes which led to such non-performance are
unpredictable and unavoidable.
4.4. The Agency is required to instruct the
Traveller in writing or by any electronic communication means agreed to in writing
with the Traveller, 3 days before
the scheduled departure date, about the following information, in the event such information was subject
to change by comparison with the initial provisions stipulated in the P/O:
a) the scheduled departure time, as well as the
departure time for all intermediary stops and transport connections, and the
scheduled arrival time;
b) name, seat/address, phone and fax numbers,
email addresses of the travel organiser’s and/or intermediary’s local
representative, or lack thereof, an emergency contact number allowing the
Traveller to reach the travel organiser and/or intermediary;
c) in the case of travels involving unaccompanied
minors, information allowing parents to contact directly the child or the
person in charge at the child’s accommodation.
4.5. The organising
agency is responsible for the proper performance of all the travel services
included in this Contract and is required to provide assistance in case the
Traveller is in a difficult situation. The Agency will provide
suitable assistance, which cannot be delayed without cause, to the Traveller
who is in a difficult situation, during force majeure events or during an event
which neither the Agency, nor the travel provider could have predicted or
avoided, despite their best efforts, especially by:
(a) providing the appropriate
information for healthcare services, local authorities and consular assistance;
and
(b) providing assistance to the Traveller in terms
of remote communication, and supporting him/her in finding suitable alternative
travel services.
The Agency has the right to charge a reasonable fee for such assistance
where the difficult situation was caused by the Traveller, whether
intentionally or by negligence. Such fee may not exceed the actual costs
incurred by the Agency.
4.6. The Agency shall duly inform the person transferring
the Contract (assignor) about the actual costs of assignment, in compliance
with the provisions of Article 5(1) herein.
4.7. Where a significant part of the
travel services cannot be performed according to the Parties’ agreement
hereunder, then the Agency will provide, at no additional cost for the
Traveller, suitable alternative services for the continued performance of the
package, which must be—as far as possible—of equal or better quality than the
contracted services, including when the Traveller’s return to the departure
location cannot be ensured, as they had previously agreed. Where the
accommodation is subject to change, suitable alternative service for the
continued performance of the package shall mean providing accommodation in the
same location, in the closest option possible compared to the initial one.
4.8.
In case the proposed alternative services, as per 4(7) above, result in a
package of a lower quality than the one stipulated in the Contract, then the
Agency will give the Traveller an appropriate discount of the Price.
The Traveller has the right to refuse the alternative
services proposed by the Agency, according to Article 4(7) only where they do
not compare to the initial contracted arrangement, or if the discount offered
is not fitting.
4.9. Where it is impossible for the
Agency to provide alternative services, or if the Traveller refuses the
proposed alternatives subject to 4(8), second paragraph, then the Traveller shall
be entitled to—as applicable—a Price discount and/or compensation without
terminating the package travel contract.
4.10.
Where the package includes passenger carriage, the Agency must also ensure, in
the cases specified under 4(8) and 4(9) above, the Traveller’s repatriation
with similar carriage means, without unjustified delays and additional cost to
the latter.
V. TRAVELLER’S RIGHTS AND OBLIGATIONS
5.1. Where the Traveller is unable to take part in
the travel, irrespective of the reasons for such lack of participation, he/she
may transfer this Contract to another person who meets all the requirements
applicable to the contracted package travel, provided the Traveller notifies
the Agency in writing at least 7 days before the start of the package. Consequently,
an assignment contract for the contracted, and subsequently assigned package,
will be concluded between the original Traveller, who can no longer go on the
trip (assignor) and the person to whom the contract is transferred (assignee). The
duty to conclude the assignment contract falls on either the assignor, or the
assignee, as applicable, and never on the Agency (as assigned debtor). The
Traveller who transfers the package travel contract and the person to whom this
package is transferred will be jointly liable for the payment of the remaining
balance, as well as of all fees, charges and other additional costs generated
by such assignment.
5.2. The Traveller is required to inform the
Agency, within 5 calendar days from
the receipt of the notice regarding the amendment of the Contract’s material
terms, as stipulated under Chapter IV Article 4(1), paragraph two, or in due
time before the start of the travel in case the provisions of Chapter IV Article
4(3), paragraphs (b) and (c) apply, his/her decision to opt for:
(a) accepting the
proposed amendment; or
(b) terminating/withdrawing from the Contract,
without being subject to any termination/withdrawal fee.
Where the Traveller fails to
inform the Agency about his/her option within the given timeframe, the
Traveller shall be deemed to have accepted all the Agency’s amendments, and
therefore he/she may not claim subsequent damages as a result of such changes.
5.3. If the Traveller wishes to take part in the
travel which was subject to change, according to the provisions of Chap. IV Art.
4(1), par. two hereof, it shall be deemed that the Traveller accepted all the
amendments, and therefore he/she may not claim subsequent damages as a result
of such changes.
5.4. If the Traveller terminates or withdraws from
the Contract by virtue of Article 5(2)(b) or the Agency cancels the travel
before the start date, the Traveller shall be then entitled to:
a) accept, under the same pricing terms, another
package travel proposed by the Agency, of equal or better quality;
b) accept a package travel proposed by the Agency
of lower quality and receive a refund for the price difference between the two
packages upon signing the new travel services contract;
c) receive a full refund for all the payments made
by him/her or which were made on his/her behalf, without any undue delay and in
any case, within 14 days from the end of the contract.
5.5. In the situation stipulated under Article 5(4),
paragraph (c) above, the Traveller has the right to claim compensation from the
Agency, the amount of which may be set jointly by the Parties, based on the
provisions hereof, or following a court order issued for the failure to perform
the initial contract, except where:
a) the number of persons who signed up for the
package is less than the minimum number set in the contract, and the Agency
notifies the Traveller on the contract’s ending within the agreed timeframe,
but not later than:
(i) 20 days before the start of the package for travels
exceeding six days;
(ii) seven days before the start of the package
for travels between two and six days;
(iii) 48 hours before the start of the package for
travels shorter than two days;
b) the Agency is unable to perform the contract
due to unavoidable and extraordinary circumstances, as listed in Chapter IV Article
4(3), paragraphs (b)-(c) and promptly notifies the Traveller on the contract’s
ending, before the start of the package;
c) the cancellation is the Traveller’s fault.
5.6. The Traveller may terminate this Contract for
cause or convenience at any time, fully or partially, and where this occurs due
to his/her own fault, the Traveller will be required to indemnify the Agency
for the losses caused, in compliance with Chapter VI hereof, except in force
majeure events, as defined by the law. The amount of the compensation owed may
not exceed the price of the contracted package travel.
Where the Traveller asks—for no reason—to switch establishments, to change
room structures or any of the services, this will be deemed to be a contractual
termination on the Traveller’s part, subject to the penalties set out in
Chapter VI, leading to the conclusion of a new contract.
5.8. The Traveller agrees to pay at the accommodation’s
reception the resort fee, public sanitation tax, as well as any other local
fees and taxes without being able to claim compensation or refunds for these
sums from the Agency.
5.9. The
Traveller will present at the accommodation’s reception desk his/her
identification document and the travel papers issued by the Agency (voucher,
holiday voucher and/or treatment voucher, etc.) in order to receive the travel
services.
5.10. The Traveller is aware that any services
purchased, which are outside the scope hereof, will be the local provider’s
sole responsibility, and the Agency will have no obligation whatsoever in
regard to the performance of such services.
5.11. Where, in order to perform the package, the
Traveller is required to carry out additional formalities (eg travelling with
minors, change of name following marriage/divorce, etc.), the Traveller will be
required to meet all the applicable legal requirements in force. To be
optimally informed, the Agency recommends travellers to visit the Border
Police’s website. If the Traveller fails to fulfil his/her duty to get informed
about any additional formalities required for the travel, and which are not the
Agency’s responsibility (eg when minors are involved in the travel, the
non-accompanying parent or legal representative must give their consent in the
form of an official authorisation, or any other further documents required,
etc.), then the Agency will be held harmless from any liability in case the
travel cannot be performed.
5.12. Travellers are advised to contact the Agency
24 hours prior to departure with the view of reconfirming the boarding details
(flight tie, boarding gate, etc.).
5.13.
In the case of holidays and/or treatment travels in Romania, the Traveller will
comply with the travel schedule, namely: check-in at 18:00 on the first day and
check-out is usually at 10:00 on the last day written on the travel papers
(voucher, holiday voucher and/or treatment voucher, excursion voucher etc.). Any
and all additional costs incurred with requesting early check-ins and/or not
checking-out by the specified time shall be fully borne by the Traveller.
5.14. Rooms will be allocated strictly by the accommodation
establishment / hotel, according to their own internal criteria and
availability at the time of the check-in, therefore room numbers, floors and/or
room view cannot be guaranteed, unless explicitly requested.
5.15. Where a Traveller contracts services on
behalf of several travellers, then the contractual terms will automatically
extend to cover the entire group of persons for whom the services were
purchased.
5.16. The Traveller agrees to use transport means,
hotel rooms and hotel amenities as a good owner and according to their purpose.
The Agency shall not be responsible for the damages caused or injuries suffered
by the Traveller as a result of his/her non-compliance with this clause.
5.17. The Traveller is required to observe the set
places, dates and times for departure and arrival, as well as the places, dates
and times set throughout the schedule for the contracted package, otherwise the
Traveller will cover all the expenses and damages caused by his/her
non-compliance.
5.18. Where the Traveller who entered Romania
and/or other state where the package is performed refuses to return to his/her
country of residence, and the Romanian and/or the other state’s authorities
incur any kind of costs in connection to this situation, the Traveller shall be
required to pay for such costs.
VI. CANCELLATIONS, PENALTIES, COMPENSATIONS,
LIMITATION OF LIABILITY
6.1. The Traveller may terminate the package
travel contract at any time before the start of the package. Where the
Traveller cancels or backs out from the package for his/her own fault, he/she
shall owe to the Agency the following penalties, except where the P/O
stipulates other penalties, then these latter sums will prevail and apply
exclusively.
Backing
out shall mean the following situations, as applicable:
i. The
Traveller refuses to pay the difference for the booked package travel;
ii. The
Traveller fails to show up to pay the balance, after having booked the package
and paid the advance;
iii. The
Traveller fails to show up at the airport / departure / arrival location, after
having booked the package and paid it in full.
iv. The
Traveller withdraws from the package, in writing;
v. On
his/her own wish/initiative, the Traveller decides to replace the travel services
that are part of the package with travel services which are delivered by other
providers/suppliers or which the Traveller contracts on his/her own, or the
Traveller decides to call off the holiday/travel altogether;
vi. The
Traveller is unable to depart for his/her travel because the personal documents
required for that do not comply with the applicable regulations or the
Traveller is unable to leave the country for other reasons pertaining to
him/her;
vii. The
Traveller is stopped at the border or is not allowed to cross or enter another
country by the border police / customs officers;
viii.
The airline refuses to allow the Traveller to board the aircraft for reasons
pertaining to the Traveller.
The
following penalties apply in case the Traveller backs out / cancels:
6.1.1. For TIPPInc
packages, as per Article 3(2) par. (a) above:
- According to the penalty terms
stipulated for every programme specified in the P/O;
6.1.2. For TIPCInc packages, as per Article 3(2), par. (b) above:
a) 20% of the Price if the Traveller
backs out/cancels up to 5 calendar days before the date notified as being the
due date for the full payment of the package’s price;
b) 100% of the Price if the Traveller
backs out/cancels after the date notified as being the due date for the full
payment of the package’s price, and/or in case of a no-show;
6.1.3. For TIREVInc, as per Article 3(2) par. (c) above:
- According to the penalty
terms/policy stipulated in the P/O, pursuant to the specific programme
conditions;
Where the P/O stipulates other
penalty terms than those laid down in Article 6(1), the terms of the P/O shall
prevail and apply exclusively.
6.2. In case the Traveller who contracted a
package travel from the Agency and paid an advance of the price fails to show
up by the date specified in the P/O, or otherwise to notify in writing, in
order to pay the corresponding instalments or remaining balance of the price,
the contract will be deemed terminated and the Agency is entitled to cancel the
bookings made on behalf of the Traveller and retain the penalties set out in
Article 6(1) hereof.
6.3. In case the Romanian embassy and/or another
state’s embassy where the travel service is being delivered refuses to issue an
entry visa for that travel, the Traveller will be charged for the fees owed by
the Agency to its direct providers, as well as for its own operational costs.
6.4. The Agency shall not
be held accountable if, after the start of the travel, the border police /
customs officers or any other relevant authority refuses to grant to the
Traveller the right to exit / cross / entry another state and/or Romania, as is
required for the performance of that travel. In this situation, the Traveller
will be charged the full price of the package.
6.5. Penalties amounting to 100% of the Price
shall apply also where (i) the Traveller fails to arrive to the airport or to
the departure/arrival location in time, (ii) is unable to depart because
his/her personal documents needed for departure do not comply with the
applicable regulations, or (iii) is unable to leave the country for reasons
pertaining to him/her.
6.6. Unless the Traveller submits to the Agency his/her
request to back out from a package in writing, this will be disregarded
6.8. The Agency will be held harmless from any
liability in case of strikes, political conflicts, war, disasters, public
danger situations, terrorist attack, international embargo, as well as where
the airlines establish limitations to their liability. All these occurrences
cannot be attributed as fault to neither Party, are deemed as force majeure
events and therefore release the Agency from any liability.
6.9. All the sums specified under Articles 6(1), 6(2),
6(3), 6(4) and 6(5) will be retained by the Agency from the advance or the
Price paid by the Traveller, without any legal formalities required to be
carried out.
6.10. Where the Traveller purchased a package
involving air travel, the air carrier may—without asking the Agency’s
consent—change flight times. Therefore, in this case the Agency will not be
liable if the plane takes off or lands at different times than those initially
specified in the travel schedule. The airline is required to assist passenger
in case any such delays occur, according to Regulation (EC) 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 in national law by Government Decision No. 1912 of 2006.
Any issues regarding the actual flight and flight-related actions will be the
air carrier’s responsibility, as the plane ticket purchased by the Traveller
represents the contract he/she concludes with such carrier. For these packages,
the departure and arrival days will be transport days and therefore not be
considered travel days.
VII. ASSISTANCE
AND COMPLAINTS
7.1. The Traveller may ask EXIMTUR for assistance
by:
a) Calling the emergency phone
number received from the Agency or by calling EXIMTUR’s 24h customer assistance line at +40364803888 or *9977;
This NON-STOP support service
allows:
- travellers to quickly
contact the travel organiser, including upon reaching their destination;
- parents to quickly contact
the minor travelling alone;
b) Calling EXIMTUR using the
contact numbers provided in Article 7(2), par. (c) below.
7.2. The Traveller shall promptly report to the Agency,
having regard to the circumstances of the situation, any irregularity found
during the performance of any travel service included in the package travel
contract.
The Traveller will send
his/her complaint using any of the following means of communication:
a) By calling the emergency phone
number received from the Agency or by calling EXIMTUR’s 24h customer assistance line at +40364803888 or *9977
b) By email at: reclamatii@eximtur.ro;
c) By telephone/fax to EXIMTUR, using
the contact numbers below:
The Agency’s contact details for assistance and complaints:
• EXIMTUR Bucuresti Bussines – Str. Armand Calinescu, nr.26, Tel.: +40364803777;
Fax: +40364803778;
• EXIMTUR Sibiu – Str. Avram Iancu, nr 19, Tel:
+40364803715, Fax: +40364803716
The time limit for dealing with a complaint is maximum thirty (30) calendar
days from its receipt by EXIMTUR.
EXIMTUR’s complaint handling
procedure is available at: https://www.eximtur.ro/Reclamatii.
7.3. Where any of the
travel services is not delivered according to the terms hereof, the Agency
shall be required to remedy the nonconformity, except if:
(a) the nonconformity
cannot be remedied, or
(b) the remedy would
incur disproportionate expenses, taking into account the extent of the nonconformity
and the value of the travel services affected by it.
Where the Agency doesn’t remedy the nonconformity, in
compliance with paragraphs (a) or (b) above, the Traveller shall be entitled to
a discount of the price for any period during which such nonconformity existed,
except if the Agency is able to prove that the nonconformity was the fault of
the Traveller, of third parties or was caused by unpredictable and unavoidable
circumstances, as specified under Article 4(3) hereof.
7.4. Where the Agency fails to remedy the nonconformity in the
reasonable timeframe allowed by the Traveller, then the Traveller may proceed
to remedy it himself/herself, and then ask for a refund of the costs incurred
in the process. The Traveller doesn’t need to specify a timeframe if the travel
organiser refuses to remedy the nonconformity, or in case an immediate remedy
is required.
7.5. Where the nonconformity significantly affects
the performance of the package, and the Agency neglects to remedy it within the
reasonable timeframe given by the Traveller, then the Traveller may terminate
the package travel contract without owing a termination fee and may ask for a
discount/damages, as the case may be.
VIII. INSURANCES
8.1. The
Traveller is insured for the refund of the repatriation costs and/or sums paid
in case EXIMTUR enters into insolvency proceedings, with respect to all the
packages where EXIMTUR is Travel Organiser, at OMNIASIG VIENNA INSURANCE GROUP SA, seated in
Bucharest at 51, Aleea Alexandru, District 1, 011822, Tel. +40214057420, Fax:
+40213114490, E-mail: office@omniasig.ro. EXIMTUR’s coverage in case of insolvency
is posted on its website: https://www.eximtur.ro/polita-asigurare.
8.2. The Agency advises the Traveller to conclude also
an insurance contract or assistance contract covering the repatriation costs in
case of accident, illness or death, a baggage coverage, an insurance policy for
medical services at the place of destination or a storno coverage, or any other
types of travel insurances. The Traveller may inquire with the insurance companies
in his/her country about any optional coverage, and the risks covered by such
insurances.
Phone no.: 004 021 303 78 37, Fax no.: 004 021 303 78 93
Web: http://turism.gov.ro, E-mail: registratura@mturism.ro
IX. THE FOLLOWING INSTRUMENTS ARE
UNDERSTOOD TO BE CONTRACT DOCUMENTS AND APPENDICES HERETO:
a)
Pre-contractual Information Form;
b)
Purchase Order;
c)
Voucher, holiday / treatment voucher, excursion voucher, as applicable;
d)
Travel schedule, where appropriate;
e)
Catalogues / brochures / offers / other materials, etc. made available by
the Agency to the Traveller on paper or in digital form.
X. DATA PROTECTION
10.1. The Traveller’s personal data will be processed in compliance
with the provisions of Regulation (EU) 679/2016 on the protection of natural
persons with regard to the processing of personal data and on the free movement
of such data. The Traveller will provide to the Agency the personal data
requested by the latter, and explicitly agrees to having them processed by the
Agency for the purpose of performing and monitoring this Contract. Furthermore,
the Traveller hereby states he/she is the holder of parental rights and
therefore agrees to allow the Agency to process the personal data which belong
to the children under the age of 16 accompanying him/her for the travel, as
applicable.
10.2. The Traveller has the right of access and information with
respect to his/her personal data, as well as the right to the rectification of
such data, the right to object to the processing, the right to data portability
and erasure. Where the Traveller has any inquiries regarding the processing of
his/her personal data, he/she may contact the Agency’s Data Protection Officer
using the contact details provided on the Agency’s website or at
dpo@eximtur.ro.
10.3. The Agency will process personal data using its own staff and
will limit staff access only to such persons, whose duties are related to the
performance, handling and monitoring of the obligations stipulated herein.
10.4. In order for the Agency to carry out and fulfil its
contractual obligations, some of the Traveller’s personal data may be
transferred to third parties who provide carriage services, accommodation or
other travel services required for the purpose hereof, including outside of the
European Union where appropriate. In this case, the Agency commits to taking
all the reasonable technical measures required to protect the Traveller’s data.
Furthermore, the personal data will be made available to the Romanian authorities
who have jurisdiction to ask and receive such information.
10.5. The Agency agrees to undertake suitable technical and
organisational security measures in order to:
a) prevent any unauthorised person from accessing the Agency’s own
data processing systems, such as:
- to read, copy, change or remove storage media;
- to disclose, rectify or erase without authorisation the personal data
stored;
- to use without authorisation the data processing systems by data
transmission means.
b) make sure its authorised users are able to access only the
personal data for which their permission was granted;
c) record when and to whom personal data were communicated;
d) ensure that during any data transmission or storage media
transport, the data cannot be read, copied or erased without authorisation;
e) determine access areas in order to prevent the access of
unauthorised persons to the places/rooms where data processing operations are
carried out.
10.6. Personal data will be stored for a period of maximum 5 years
in data bases or for longer where the applicable regulations in force require
it.
XI. ALTERNATIVE DISPUTE RESOLUTION
PROCEDURE (‘ADR’)
11.1. The alternative dispute resolution procedure
(or ‘ADR’) is an alternative mechanism to traditional court litigation, which
offers consumers the possibility to resolve the disputes they may have with
various vendors when facing an issue related to the purchase of a product or
service. Thus, complaints against vendors are being submitted voluntarily by consumers, and then
resolved in an independent, impartial, transparent, swift and equitable manner.
11.2. The Directorate for Alternative Dispute
Resolution within ANPC—National Authority for Consumer Protection—is competent
to resolve domestic and cross-border disputes arising out of the sales
agreements or service delivery contracts concluded with traders carrying out
their business in Romania, in the fields of activity within ANPC’s jurisdiction.
11.3.
The ADR Application Form, ADR Counsellors List, ADR Procedure, and applicable legislation may be viewed here: http://www.anpc.gov.ro/categorie/1271/sal.
XII. FINAL PROVISIONS
12.1. This Contract is signed in two counterparts,
one for each Party.
12.2. In all the cases where the P/O—integral part hereof—sets out
other provisions than those stipulated herein, the clauses of the P/O shall
prevail.
12.3. The package travels will be sold in
compliance with the clauses of this Contract and with dispositions of
Government Ordinance No. 2 of 2018 on package travel and linked travel
arrangements.
12.4. The accommodation establishments and
carriage means are rated by the relevant bodies in the countries of
destination, according to their local regulations and criteria, where they
exist, which differ from country to country and from one destination to another.
12.5. The Traveller hereby acknowledges that the
Agency fully informed him/her about the terms and conditions of sale of package
travels, in compliance with the provisions laid down in Government Ordinance
No. 2 of 2018 on package travel and linked travel arrangements. By signing this
Contract or by accepting the packages, including those purchased by phone or
electronic means, the Traveller hereby gives his/her consent and acknowledges
the general terms and conditions for the sale of package travels, in compliance
with the Agency’s offer.
12.6. Any and all disputes arising between the
Parties shall be settled amicably, otherwise they will be referred to the
relevant courts of law in Romania.
12.7. This Contract is
governed by the Romanian law.
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