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CONTRACT for the Sale of INCOMING Package Travel

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: 

Upon Contract conclusion, the Agency may ask the Traveller to pay an advance of the Price or, as applicable, the entire sum of the Price for the package travel ordered, as follows:

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. 

   5.7. Where the Traveller chooses to switch to a different accommodation than the one initially contracted and paid, he/she will be financially responsible for the cancellation. The Agency will meet the Traveller’s requirements, within the scope of possibilities, and any price differences will be borne by the Traveller

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 

   6.7. The Agency will grant suitable compensation depending on the nonconformities found or on the extent to which the contractual obligations were not fulfilled. The maximum value of the compensation sum provided by the Agency will not exceed three times the total price of the package travel.

   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. 

   8.3. The main contact point to facilitate administrative cooperation and oversee travel organisers that are based in Romania and conduct business in several member states, is:

The Ministry of Tourism. Address: 38, Bd. Dinicu Golescu, District 1, Bucharest, Gate C

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.

Agency
EXIMTUR SRL
Legal representative Lucia Nora MORARIU,
as Managing Director – President, General Director
By . . . . . . . . . .
Signature . . . . . . . . . .
Company stamp

Traveller (full name)
. . . . . . . . . .
Signature: . . . . . . . . . .

This document is the property of S.C.EXIMTUR S.R.L.The unauthorised copying hereof is against the law.