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Contract

Terms and Conditions of the Reservations

FRAMEWORK AGREEMENT
for the purchase of touristic services 

No. ______ from ___/ ____/ 201_ 

Contracting parties:

The tourism agency "Est Turism": SC EST CONCEPT SRL, with the registered offices in Constanta, 19th Mamaia Boulevard,  Ground Floor Est, Constanta county, unique registration code RO 13797295, registered at the Trade Register Office under the number J13/903/2001, bank account number RO16RNCB0114032049520001, BCR CONSTANTA, with a working unit in BUCHAREST,  District 3, 35 Splai Unirii, apartment house M7,entrance 1, apartment 4, first floor; holder of the Tourism Licence no. 2759/29.08.2007, legally represented by Mrs. Dorobat Tatiana, as Manager, hereinafter called the Agency,

And the Tourist/ Tourist’s representative, with the identification data comprised in the invoice/ voucher, have agreed to conclude the present contract. Tourist’s name ______________________________Telephone number_________________ Value of the       contract ______

           

I. THE OBJECT OF THE CONTRACT

The object of the contract is the sale by the Agency of the tourism services mentioned in the voucher (holiday and treatment ticket) appended to the present contract and the issue of the travelling documents. In case the services requested entail reservations from other companies (tour operator, hotels etc.), the agency will provide to the tourist an « order form » with all the details regarding the requested trip and the amount paid in advance.

          

II. PRICE

1. The price of the contract is specified in the contract, in the order form and on the invoice, based on the offer posted on the agency’s website. The price depends on the cost of the actual touristic services, the agency’s commission and the VAT.  

 2. For the touristic services the advance payment is of minimum 30% or the one mentioned in the contract annex/ order form, while the remaining amount must be paid on the date specified in the order form (annex), calculated depending on the type of package chosen (standard package, for special events, early booking). 

2.1. For the internal services, the payment will be done exclusively in RON. The prices mentioned in other currencies will be calculated in RON and paid according to the exchange rate published by the National Bank of Romania on the payment date or according to the exchange rate imposed by the accommodation unit.

2.2. For the external services, the payment will be done either in EURO, or in RON. In case the payment is done in RON an exchange risk tax of maximum +2% at the exchange rate published by the National Bank of Romania on the payment date will be applied.

           

III. THE RIGHTS AND OBLIGATIONS OF THE AGENCY

1. If the agency is forced to change one of the key provisions of the contract, it is obliged to inform the tourist at least 15 days before the start of the holiday/ trip, except in cases of overbooking which could not have been foreseen or avoided. 

2. OVERBOOKING - In case of overbooking of a hotel, determined by the hotel’s activity, before or after the beginning of the holiday, the Agency is obliged to inform the tourists in the shortest time of such situations and to provide an alternative hotel in the same area or in an area as close as possible to the booked one, of the same category or upper category, without any additional costs.

3. The classification of hotels and boarding houses in the agency’s offer is based on the information provided by the accommodation units and may be subject to change of the official classification, independently on the agency’s will, within the period of the reservation and the beginning of the stay. If the classification changes are disclosed to the Agency, it is obliged to inform the tourist as soon as possible on the changes occurred; in all other cases the situation may not be imputable to the Agency.

4. For external and organised tourism, the agency can modify the contract price, increasing or decreasing it (if necessary) unless the change occurs as a result of variations in transport costs, of the fees for landing/ disembarkation/ boarding services in ports and airports, of the tourist taxes or exchange rates related to the contracted touristic services.

5. In case that, after the beginning of the touristic trip, an important part of the touristic services foreseen in the contract is not accomplished or if the Agency acknowledges that it cannot be accomplished, it is obliged:

a) to provide suitable alternatives to the tourist in order for him/her to be able to continue the touristic trip without any additional costs, that is the touristic services offered to be of the same quality and quantity;

b) to refund the tourist the amounts representing the difference between the paid touristic services and the ones actually offered during the touristic trip;

c) if the tourist cannot be offered adequate alternatives or he/she does not accept these based on well-grounded reasons, to ensure without additional costs the return transportation of the tourist at the departure place or at any other agreed upon place and, if necessary, compensation for the services offered.

6. The Agency is responsible for the proper performance of the obligations assumed by the contract, except:

a) when the failure of faulty fulfilment of the obligations assumed by the contract is due to the tourist.

b) when failure of the obligations is due to force majeure reasons or circumstances that neither the Agency, nor the service providers could have foreseen or avoided (schedule or itinerary changes, public transport delays etc.)

c) when the failure of the obligations is due to a third party unrelated to the services stipulated in the contract, and the causes that determined this failure to accomplish the obligations are unpredictable and unavoidable.

7. For the external/organised tourism the Agency must provide to the tourist, in written, two days before the departure date, the following information:

a) the time of flight, stopovers and connection flights, as well as, when appropriate, the tourist’s seat in each of the transportation means included in the contract (except airplane);

b) the name, headquarters/address, telephone numbers and fax numbers of the local representatives of the organiser and/or retailer, or, in case of inexistence of the above mentioned, an emergency number that will allow the tourist to contact the organiser/retailer;

c) for minors travelling unaccompanied by their parents, information allowing their parents to establish a direct contact with the child or with the children responsible of the accommodation unit.

8. The room allocation to the clients is done strictly by the reception, except when the booking was confirmed and paid for a particular room – a room that is expressly nominated in the accommodation documents with its number/position within the accommodation unit. The Agency is not responsible for the distribution of rooms in the accommodation units.

IV. THE RIGHTS AND OBLIGATIONS OF THE TOURIST

1. If the tourist cannot participate in the touristic trip, it can assign the contract to a third party that meets all the requirements of the contracted touristic services, provided that it notifies the Agency in writing at least 5 days prior to the departure. In this case, the Agency cancels the contract with the tourist that assigns the contract and signs a new contract with the new tourist. For individual trips, in case the means of transportation is the airplane, the transfer can be completed only if there is the possibility of transferring the place of flight. The tourist who assigns the service package, as well as the transferee is jointly responsible to pay the price of the trip and all other possible costs arising during this transfer.

1.1.In case of special offers, especially those of early booking, the contract transfer is only possible if it is made during the validity period of the special offer, otherwise the transfer is not possible.

2. If the prices established by the contract are increased by over 10%, the tourist may terminate the contract, being entitled to the reimbursement of the amounts paid.

2.1 The tourist is obliged to notify the Agency, within 5 calendar days upon the increase notification receipt, its decision to:

    a) terminate the contract without the payment of the penalties; or

    b) accept the new conditions of the contract.

2.2 If the tourist terminates the contract or the Agency cancels the touristic trip before the departure date, the tourist is entitled to:

    a) accept another package of touristic service, at the same price and of equivalent or higher quality, suggested by the Agency;

    b) accept the tourism services package of lower quality, suggested by the Agency, with the immediate reimbursement of the price difference;

    c) immediately be reimbursed for all amount paid under the contract.

2.3 In all cases mentioned at section 2.2., the tourist is entitled to request the Agency a compensation for its failure to fulfil the provisions of the initial contract, except:

    a) for organised groups: the cancellation was made due to the failure to gather the minimum number of persons mentioned in the annex/offer, and the Agency has informed the tourist in writing at least 15 calendar days before the date of departure;

    b) the cancellation was due to a force majeure case (unpredictable circumstances, independent of the will of the party that invokes them and whose consequences could not be avoided despite the efforts taken, the overbooking not being included in this category);

    c) the cancellation was made due to the tourist.

3. In case of overbooking, situation which cannot be anticipated or prevented and which cannot be imputed to the Agency, the tourist has the right:

    a) to accept at the same price another package of touristic services of equal or superior quality, suggested by the Agency;

    b) to accept touristic services of inferior quality, suggested by the Agency, with the reimbursement of the price difference;

    c) the immediate reimbursement of the amounts paid as stipulated in the contract.

4. The tourist is entitled to cancel the contract at any time, entirely or in part, and in case the contract cancellation is imputable to the tourist, he/she is obliged to pay the cancellation penalties stipulated in the contract, except for the force majeure cases, defined according to the law. If the tourist requests the change of hotel, room structure or any other service, this equates with the cancellation of the present contract, with the application of the legal penalties at that time and the signing of a new contract. Any increase of the number of nights of the tourists’ stay must be requested at least 24 working hours before the initial date of the trip and can become valid only with the hotel’s approval. The confirmation of accommodation at the same price is only possible after prior consent of the provider.

5. The services paid in advance but not used cannot be reimbursed, except for the cases when the tourist left the accommodation unit before the end of the stay due to a force majeure situation.

6. The tourist is obliged to follow the service granting programme of the country of destination. The accommodation units have the right to chose/establish/change the check-in hour and the maximum check-out hour. In case of trips to Romania, the check-in hour can be set between 12:00 – 18:00, while the check-out hour can be set between 11:00 - 12:00. In case of late check-out, the tourist is charged and must pay the tax.

7.  The tourist is obliged to pay the resort fee, the sanitation tax as well as other local taxes imposed by the state/ accommodation units, without being able to claim compensations or reimbursements of the sums paid to the Agency. In case the taxes are not included in the rate presented, these will be paid at the reception of the accommodation unit.

8. The tourist is obliged to pay any material damage caused to the hotel or to the hotel representatives before the check-out.

9. The tourist is obliged to present at the reception of the accommodation his/ her identity documents, as well the travel documents issued (voucher, holiday/treatment ticket) for the grant of the tourism services. In case the tourist benefits of treatments tickets, he/she is obliged to be present at the reception of the accommodation unit with the medical note from the family physician and the proof of payment of the social insurance contributions to date.

10. “NO SHOW”. In case the tourist is unable to be present to the accommodation unit on the first day of the stay, mentioned in the accommodation documents (voucher, holiday/treatment ticket), he/she is obliged to notify the Agency as soon as possible and if this is not possible – to immediately announce the hotel. The Agency will do everything possible to keep the booking for the same accommodation unit, starting with the nearest possible check-in date, the tourist bearing any possible penalties that may be required by the hotel.

          

V.  RESIGNATIONS, PENALTIES, DAMAGES

1. In case the tourist recedes from the touristic services that represent the object of the present contract by his/her own fault, the tourist owes the Agency penalties as follows:

1.1 for standard packages, except the ones mentioned at section 1.2 and 1.3:

a) 0% if the resignation occurs at least 30 calendar days before the start of the tourist trip;

b) 50% if the resignation occurs between 29 – 15 calendar days before the start of the tourist trip;

c) 100% of the services, if the resignation occurs in less than 14 calendar days before the start of the tourist trip.

1.2 special events packages. Special events include: fairs, exhibitions, symposiums, congresses, religious, sports or arts events, carnivals, Easter, Christmas, New Year, as well as other periods imposed by the local market and considered as special events:

a) 10% if the resignation occurs at least 30 calendar days before the start of the tourist trip;

b) 50% if the resignation occurs between 29 – 21 calendar days before the start of the tourist trip;

c) 100% of the services, if the resignation occurs in less than 20 calendar days before the start of the tourist trip.

1.3. for programmes and special offers such as “Early Booking”

a) 100% of the prices of the services, in case the tourist bought these according to the programme “early bookings”, no matter the date at which the tourist request the resignation.

2. If the tourist that contracted a touristic services package and paid in advance – does not show when specified in the contract annex (order form) to pay the corresponding rate or the remainder of the payment, the contract is considered to be cancelled and the agency has the right to cancel all the bookings made for the tourist’s benefit, applying the contractual penalties.

3. If an embassy refuses to grant the entry visa for the trip, the Agency will retain from the tourist all the fees paid to the direct providers, as well as the corresponding operating expenses.

4. In case the tourist has entered the territory in which the touristic services are to be realised and refuses to return to Romania and the authorities of this country generate expenses of any kind with the tourist, it is the tourist who is obliged to bear all these expenses.

 5.  The penalties equivalent to the price of the contract apply in case the tourist fails to arrive on time to the airport/port or to the departure/ destination place, if he cannot leave on the trip because his documents are not legal or if he is returned from the border by the border police. The tourist is the sole responsible for the possession and validity of the legal documents for the trip (passport, identity card, visa etc.)

6. The tourist must submit in writing the touristic services resignation request, with registration number at the Agency where he has paid the services. Contrarily, the resignation request is not taken into consideration.

7. The agency will provide compensation depending on the degree of non-compliance of the contract.

8. The situations of severe illnesses prior to the departure or during the stay will be announced as soon as possible to the Agency, and the supporting documentation issued by the authorised medical institutions regarding the problem occurred will be sent as soon as possible to the Agency. The Agency will do everything possible to recover the amounts for the services that were not provided, returning these amounts to the tourist after their recovery from the provider.

9.  If cancellation occurs after issuing the airplane ticket, penalties will be charged according to the rules of the airline which validated the corresponding ticket. The agency understands to be responsible for any action or omission of its own staff, but assumes no responsibility for any embargos, injuries, damages, losses or irregularities caused to the passenger by cancellations or interruptions of the trip due to bad weather, strikes, war or any other cause beyond its own control. Vaccinations which are required for certain destinations and in certain periods represent the passenger’s responsibility and expense.

        

VI. COMPLAINTS

1. In case the tourist is not satisfied with the received touristic services, he/she has the obligation to draw up a written complaint, mentioning clearly and explicitly the deficiencies discovered, related to the accomplishment of the touristic services contract, complaint that will be promptly sent both to the Agency and to the provider of the touristic services (hotel management). If it is impossible to solve the problem amicably, this notification document must be signed by the representatives of the accommodation unit to confirm that the hotel management was informed of the problems occurred and that these were not solved amicably. 

2. Both the Agency and the touristic service provider will immediately action to solve the complaint.

3.  In case the notification is not solved or it is partially solved, the tourist will submit a written complaint at the Agency headquarters, together with the complaint made to the accommodation unit, within maximum 5 days calendar days after the end of the trip. The Agency, within 15 calendar days, will communicate to the tourist the compensations to which he is entitled. The Agency reserves the right not to consider any written complaint submitted after more than 5 calendar days from the end of the trip (check-out).

            

VII. INSURANCES

The tourist is insured for the reimbursement of the repatriation and/ or sums paid by him in case of the insolvency or bankruptcy of the Agency to the Insurance Company Roumanie Assurance International SA, with the headquartered in Bucharest, 51 Vlad Voda Street, District 2, telephone number (004) 021-322.88.14, fax number021-322.31.11. The tourist has the possibility of concluding a voluntary insurance contract or a contract for assistance (with any insurance company) to cover any possible transfer fees, repatriation fees in case of accidents, sickness or death; the possibility of concluding an insurance contract for luggage or a trip cancellation insurance (storno insurance).

 

VIII. DOCUMENTS

The following documents are considered to be part of this contract, as contract annexes:

   a) the voucher/ holiday or treatment ticket/ trip ticket/ order form/ contract annex, if necessary

   b) the touristic program (in case of organised tourism/ groups)

        

IX. FINAL PROVISIONS

   1. The present contract was concluded in 2 (two) copies, one for each party.

   2. The sale of touristic services will be made in accordance with the provisions of the present contract and with the provisions of the Government Ordinance no. 107/1999 and no. 21/1992 regarding the activity of touristic services trading, approved with the amendments and completions by the Law no. 631/2001, with the subsequent modifications.

   3. The contract may also be presented as a catalogue, flyer or any other document, if the tourist is informed by this and if the document contains the information stipulated by article 10, paragraph 2 of the Government Ordinance no. 107/1999 approved with the amendments and completions by the Law no. 631/2001, with the subsequent modifications.

 

                Est Turism Agency                                                                                                                     Tourist

                www.plaja.ro

                www.cazari.ro

*information on units of accommodation presented on www.cazari.ro are verified and respect Romanian tourism standards
*reservations are guaranteed by reservation confirmations and by contracts with hotels management
*prices are lower or equal to rack rates and are applicable only for reservations made through www.cazari.ro
*for reservations made directly at the reception of units of accommodation presented on this site we strongly recommend to check the prices, as there may be significant differences, for witch we assume no responsibility

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