CONTRACT

marketing of tourist service packages
No. ……………… from the date of ……………….

The contracting parties:

The contract with the tourist is concluded between the reseller and the tourist in the name and on behalf of the tour operator/organizer, based on an agency contract (mandate with representation) signed between the tour operator and the reseller, the following will be completed:

Company […], with headquarters in […], str. […] no. […], trade register registration number […], fiscal registration code […], bank account […], opened at […], holder of Tourism License no. […], for the Agency [name written on the license], represented by […], as organizer, hereinafter referred to as the Agency, by proxy,
– The […] company, with headquarters in […], str. […] no. […], trade register registration number […], fiscal registration code […], bank account […], opened at […], holder of Tourism License no. […], for the Agency [name written on the license], represented by […], based on the agency contract (mandate of representation) no. . . . . . . . . . . from the date of . . . . . . . . . ., valid until the date of . . . . . . . . . .,

and the tourist/tourist’s representative, Mr./Ms. . . . . . . . . ., domiciled in . . . . . . . . . ., phone . . . . . . . . . ., holder of the identity card series . . . . . . . . . . no. . . . . . . . . . ., released by . . . . . . . . . . on the date of . . . . . . . . . .,
have agreed to conclude this contract.

1. Object of the contract

1.1. The object of the contract is the sale by the Agency of the package of tourist services included in the voucher, rest ticket, treatment, excursion ticket, other document attached to this contract and the issuing of payment and travel documents.

2. Conclusion of the contract

2.1. The contract is concluded, as the case may be, in any of the following situations:

1. at the moment of its signing by the tourist or by accepting the contractual conditions of tourist services, including in the case of those purchased remotely by electronic means;
2. when the tourist receives the written confirmation of the reservation from the Agency, no later than 60 calendar days from the date of drawing up the order form. It is the responsibility of the travel agency to inform the tourist by any means agreed in writing with him (phone, email, fax, etc.) if the reservation he requested has been confirmed. To process a service reservation, the Agency may request an advance of up to . . . . . . . . . .% of the package price or full payment of the package value, depending on the date on which the tourist requests the services.
   1. If the content of the order form does not differ from the content of the tourist trip confirmation and the confirmation was made within 60 calendar days from the date of signing the order form, the tourist who decides to give up the tourist trip owes the Agency penalties according to chapter . VI.
   2. If the content of the order form differs from the content of the tourist travel confirmation received in writing from the Agency, or if this confirmation was not made within 60 calendar days from the date of signing the order form, the tourist may consider that the trip has not been reserved and is entitled to the immediate reimbursement of all amounts already paid;
3. at the time of issuing the travel documents (voucher, rest and/or treatment ticket, excursion ticket, etc.), including in electronic format, if the tourist service packages are part of the standard offer of the travel agency or there is already a booking confirmation from other providers.

2.2. If this contract is fully made available to the tourist in the form of a catalog, leaflet, other documents, the Agency’s website or other means of electronic communication (e-mail, fax, etc.), the obligation to inform the tourist is considered fulfilled by entering this information in any of the travel documents or fiscal documents provided by the Agency, without the need to conclude in writing the contract for the sale of tourist service packages, respectively if the present contract presented to the tourist in the manner provided above contains the clauses provided for in art. 12 para. (2) from Government Ordinance no. 107/1999 regarding the activity of marketing tourist service packages, republished.

2.3. The contract terminates by law with the completion of the effective provision of the package of tourist services listed in the travel documents.

3. Contract price and payment methods

3.1. The price of the contract is . . . . . . . . . . and consists of the cost of actual tourist services, the Agency’s commission and VAT. If the price is not specified in this contract, then it is specified in the order form (if any), other travel documents, catalogs, leaflets, other documents made available to the tourist, the Agency’s website, other means of electronic communication and/ or on the invoice.

3.2. Payment methods:

3.2.1. At the conclusion of the contract, an advance of . . . . . . . . . .% of the established price or, as the case may be, the full payment of the value of the package of tourist services.

3.2.2. If an advance was charged at the conclusion of the contract, the final payment will be made as follows:

1. 1. for tourist services that require confirmation from the providers, according to the payment terms communicated by the Agency in writing through the order form or other means of communication;
   2. for tourist services that do not require confirmation from the providers, as follows:

(NOTE: It will be customized by each individual agency.)

3.3. Payment for external tourist services related to the contract can be made in a single currency, in the currency specified in the contract or in RON at the reference rate of the BNR on the day the invoice is issued.

4. The rights and obligations of the Agency

4.1. The agency undertakes to provide the tourist with an order form, only in the case of requesting tourist service packages that are not part of the travel agency’s own/standard offer and that require confirmation of the reservation from other providers. In the case of requesting some tourist service packages that can be found in the travel agency’s own offer, or if there is already confirmation of the reservation from other providers, the Agency can provide the tourist with an order form, if it deems it necessary.

4.2. In case of modification of one of the essential provisions of the contract, such as: services included in the package, travel dates, modification of the accommodation unit category, the Agency has the obligation to inform the tourist at least 15 days before the start date of the trip.

In the cases provided for in point 4.7 letter b) and c), the information will be given in good time to allow the tourist to decide to start the trip.

4.3. In the case of the purchase of a package of tourist services including the provision of air transport, the air carrier, without seeking the consent of the travel agency that runs the tourist program, has the right to change the flight times. Therefore, the Agency is not responsible for the take-off/landing of the planes at a time other than that listed in the tourist program. For these delays, the airline is obliged to assist tourists according to Regulation (EC) no. 261/2004 of the European Parliament and of the Council of February 11, 2004 establishing common rules for compensation and assistance to passengers in the event of denied boarding and cancellation or prolonged delay of flights and repealing Regulation (EEC) no. 295/91, implemented by Government Decision no. 1,912/2006. Any problem regarding the operation of the flight and the actions adjacent to it fall within the competence and responsibility of the carrier, the plane ticket representing the contract between the passenger and the carrier. In the case of these tourist service packages, the day of departure and the day of arrival are not considered tourist days, as they are intended for transport.

4.4. In the case of purchasing a cruise type product, the cruise line can change, for reasons related to navigation safety, the number of the cabin and its location on the decks (a lower deck, an upper one, further aft or forward, etc.), only with a cabin of the same category as the one originally booked, in which case the tourist will not be compensated in any way considering that it is the same type of cabin as the one booked.

4.5. The Agency can change the contract price in the sense of increase or decrease, as the case may be, showing at the same time how the contract price increases or decreases are calculated and only if the change takes place as a result of variations in transport costs, royalties and fees related to landing services , disembarkation/embarkation in ports and airports, tourist taxes or currency exchange rates related to the contracted tourist services package. The prices established in the contract cannot be increased, under any circumstances, during the 20 calendar days preceding the departure date.

4.6. If, after the start of the tourist trip, an important part of the tourist services provided in the contract is not performed or the Agency finds that it will not be able to perform them, it is obliged to:

1. to offer the tourist appropriate alternatives in order to continue the tourist trip without increasing the price, respectively the tourist services offered should be of the same quality and quantity;
2. to refund the tourist the sums representing the difference between the paid tourist services and those actually provided during the tourist trip;
3. in the event that appropriate alternatives cannot be offered to the tourist or he does not accept them for valid reasons, to ensure the return transport of the tourist to the place of departure or to another place agreed by him at no additional cost and, as the case may be, compensation for the services not provided.

4.7. The agency is responsible for the proper execution of the obligations assumed by the contract, except in the following cases:

1. when the non-fulfillment or defective fulfillment of the obligations assumed by the contract is due to the tourist;
2. when the non-fulfillment of obligations is due to force majeure or circumstances that neither the Agency nor the service providers could foresee or avoid, including but not limited to: changes in the airline, schedule or itinerary , delays in the means of transport, breakdown of the means of transport, accident, blockages, works or repairs on public roads), failure to meet the minimum group as a result of last-minute cancellations or failure to obtain visas for all participants. The agency is not responsible for the damages caused to the tourist as a result of the delays of the flights (including charter), the loss of luggage and other circumstances that are exclusively the responsibility of the carrier based on specific normative acts;
3. when the non-fulfillment of obligations is due to a third party that is not related to the provision of the services provided in the contract, and the causes that determined the non-fulfillment of obligations are unpredictable and unavoidable.

4.8. The agency is obliged to provide the tourist in writing or by any means of electronic communication agreed in writing with the tourist (e-mail, fax, sms, etc.), with . . . . . . . . . . days, but not less than 3 days, before the departure date, the following information:

1. timetables, stops and connections, as well as, as the case may be, the place to be occupied by the tourist in each of the included means of transport;
2. the name, headquarters/address, telephone and fax numbers, e-mail addresses of the local representative of the organizer and/or of the retailer or, in their absence, an emergency call number that will allow him to contact the organizer and /or of the retailer;
3. for minors traveling unaccompanied by their parents, information that allows parents to establish direct contact with the child or with the person in charge of the child’s place of accommodation;
4. the tourist’s obligations provided for in points 5.10, 5.11 and 5.13.

4.9. The agency party to the contract is obliged to provide prompt assistance to the tourist in difficulty, in case of force majeure or an event that neither the travel agency, nor the supplier or service provider, with all their efforts, could foresee or avoid .

5. The rights and obligations of the tourist

5.1. If the tourist cannot participate in the tourist trip regardless of the reasons underlying the impossibility of participation, he can assign the contract to a third party who meets all the conditions applicable to the contracted tourist service package, with the obligation to notify the Agency in writing at least 5 days before the departure date. In this case, between the tourist who cannot participate in the contracted tourist trip (the assignor), the third person (the assignee) and the travel agency (assigned debtor), an assignment contract is to be concluded regarding the package of contracted and assigned tourist services. The responsibility for concluding the assignment contract rests, as the case may be, either with the assignor or the assignee, and never with the travel agency (assigned debtor). The tourist who assigns his package of services, as well as the transferee, are jointly and severally responsible for paying the price of the trip and any additional costs arising on the occasion of this assignment.

5.2. In the case of rest and/or treatment stays taking place in Romania, the tourist is obliged to comply with the following service provision schedule: the accommodation is usually made at 18.00 on the day of entry and ends by ok, on time. . . . . . . . . . of the day of departure written on the travel documents (voucher, rest and/or treatment ticket, excursion ticket, etc.). Any additional costs generated by the failure to release the accommodation spaces at the latest at the times specified above are the exclusive responsibility of the tourist.

5.3. If the prices established in the contract are increased by more than 10%, regardless of the reasons for the increase, the tourist can unilaterally terminate/denounce the contract without any obligation to the Agency, having the right to the immediate reimbursement by the Agency of the amounts paid, including the commission.

5.4. The tourist is obliged to communicate to the Agency within 5 calendar days of receiving the notification provided in ch. IV point 4.2 the modification of the essential provisions of the contract or in good time before the start of the trip, and in case the clauses provided in ch. IV point 4.7 lit. b) and c), his decision to opt for:

1. unilateral termination/denunciation of the contract without payment of penalties; or
2. accepting the new conditions of the contract.

5.5. If the tourist decides to participate in the trip on which changes have been made under the conditions of ch. IV point 4.2 it is considered that all changes have been accepted and the tourist cannot request further compensation due to changes of this type.

5.6. If the tourist unilaterally terminates/denounces the contract under point 5.4 or the Agency cancels the tourist trip before the departure date, the tourist has the right:

1. 1. to accept at the same price another package of tourist services of equivalent or superior quality, proposed by the Agency;
   2. to accept a package of lower quality tourist services proposed by the Agency, with the immediate reimbursement of the price difference, in the sense of the reimbursement of the price difference between the two tourist packages, at the time of concluding the new service contract;

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1. to be immediately reimbursed all sums paid under the contract.

5.7. In all the cases mentioned in point 5.6, the tourist has the right to ask the Agency for compensation, the amount of which can be established by mutual agreement of the parties or on the basis of a court decision, for non-fulfillment of the provisions of the initial contract, except for cases in which:

1. the cancellation was made due to the failure to meet the minimum number of people mentioned in the contract, and the Agency informed the tourist in writing at least 15 calendar days before the departure date;
2. the cancellation was due to a case of force majeure (unforeseeable circumstances, independent of the will of the person invoking them and whose consequences could not be avoided despite any efforts made, this not including overbookings, in which case the responsibility rests with the airline or accommodation unit) or some of the causes provided for in ch. IV point 4.7 lit. b);
3. the cancellation was the fault of the tourist.

5.8. The tourist has the right to unilaterally terminate/denounce the contract at any time, in whole or in part, and if the unilateral termination/denouncement is imputable to him, he is obliged to compensate the Agency for the damage caused to it, according to the provisions of ch. VI, except for cases of force majeure defined according to the law. The compensation can be up to the maximum price of the contracted tourist service package.

5.9. If the tourist chooses to move to a different hotel than the one originally contracted and paid for, the financial responsibility of the cancellation belongs to him. The agency will solve the tourist’s requirements as far as possible, any price differences to be borne by the tourist.

If the tourist unreasonably requests a change of the hotel, the structure of the rooms or any of the services, this is equivalent to the unilateral termination/denunciation of the contract, with the application of the penalties provided for in ch. VI at that time and the conclusion of a new contract.

5.10. The tourist is obliged to pay at the reception of the hotel unit the resort tax, the sanitation tax, as well as other local taxes, without being able to claim compensation or the return of the amounts from the Agency.

5.11. The tourist is obliged to present at the reception of the hotel unit his identity documents, as well as the travel document issued by the Agency (voucher, rest and/or treatment ticket, etc.), in order to provide tourist services. If the tourist benefits from rest and treatment tickets, he is obliged to present at the reception of the hotel unit a referral from the family doctor and proof of payment of social insurance contributions, up to date.

5.12. The tourist acknowledges that the services he purchases without being part of the contract with the travel agency are under the strict responsibility of the local provider, are governed by the legislation of the country of destination, and the travel agency has no responsibility for the services in question .

5.13. If in order to carry out the trip it is necessary for the tourist to fulfill some additional formalities (for example, traveling with minors, the situation in which the tourist’s name is changed as a result of her marriage/divorce, etc.), he has the obligation to fulfill all legal requirements . For optimal information, the Agency also recommends consulting the website of the Border Police. If the tourist does not comply with his obligation to inform himself about the additional formalities necessary to carry out the trip that are not the responsibility of the Agency (for example, in the case of traveling with minors, authorization from the parent or legal representative who does not accompany him or any other additional documents – the list being exemplary), the Agency is exempted from any liability in case of the impossibility of making the trip.

5.14. The travel agency recommends that tourists contact it 24 hours before departure to reconfirm boarding details (flight schedule, boarding place, etc.).

5.15. If a single person hires services for a larger number of tourists, the contractual conditions automatically extend to the entire group for which the services were paid.

5.16. The tourist is obliged to use the means of transport, the hotel room and the goods from its endowment as a good owner and according to their destination. The agency is not responsible for any damages caused or injuries suffered by the tourist as a result of non-compliance with this paragraph.

5.17. The tourist has the obligation to respect the place, date and time of departure both on the way out and on the way back, as well as the places, dates and times established during the contracted tourist program. All expenses and damages caused as a result of the tourist’s non-compliance with the provisions regarding meeting places and timetables will be borne by him.

5.18. If the tourist who entered the territory of the state where the package of tourist services is carried out refuses to return to Romania and the authorities of the respective country make expenses of any kind with him, the respective tourist has the obligation to bear all these expenses.

6. Waivers, penalties, compensation

6.1. If the tourist abandons the package of tourist services that is the subject of this contract due to his own fault, he owes the Agency penalties as follows:

(NOTE It will be customized by each individual agency according to point 6.1.1, 6.1.2.)

6.1.1. In the case of external tourist services, the penalties are:

1. . . . . . . . . . . % of the price of the service package, if the cancellation is made with more than . . . . . . . . . . calendar days before the departure date;
2. . . . . . . . . . . % of the price of the service package, if the cancellation is made within the interval. . . . . . . . . . – . . . . . . . . . . of calendar days before the departure date;
3. . . . . . . . . . . % of the price of the service package, if the cancellation is made in a smaller interval of . . . . . . . . . . calendar days before departure or by not showing up to the program;
4. . . . . . . . . . . % of the price of the service package, if the tourist purchased the package of tourist services within the special program (for example, Early Booking, etc.). . . . . . . . . ., regardless of the date on which the tourist requests the waiver.

6.1.2. In the case of domestic tourist services, the penalties are:

1. . . . . . . . . . . % of the price of the service package, if the cancellation is made with more than . . . . . . . . . . calendar days before the start date of the stay;
2. . . . . . . . . . . % of the price of the service package, if the cancellation is made in a smaller interval of . . . . . . . . . . calendar days before the start date of the stay;
3. . . . . . . . . . . % of the price of the tourist service package, if the tourist purchased the tourist service package from the special program (for example, Early Booking, etc.). . . . . . . . . ., regardless of the date on which the tourist requests the waiver.

6.2. If the tourist who has contracted a package of tourist services with the Agency and has paid an advance does not show up within the term specified in the order form or within the term communicated in writing, to pay the related installments or the remaining payment, the contract is considered terminated by law, and the Agency has the right to cancel the reservations made for the benefit of the tourist with the retention of the penalties provided for in point 6.1.

6.3. For rest and/or treatment tickets purchased through trade union organizations, the Agency will make refunds only on the basis of cancellation requests countersigned and stamped by the representative of the trade union organization.

6.4. If an embassy refuses to grant an entry visa for the performance of the service package, the tourist will be withheld all fees owed by the Agency to the direct providers, as well as its own operating expenses.

6.5. Penalties equivalent to those indicated in point 6.1.1 letter c) or d), respectively 6.1.2 letter b) or c) also applies if the tourist does not arrive on time at the airport or at the place of departure/destination, if he cannot go on the trip because the personal documents required for the trip do not comply with the legal norms or he is in the impossibility of leaving the territory of the country, for other reasons related to the person.

6.6. The tourist must submit in writing the request to cancel the package of tourist services to the Agency where he paid for the services. Otherwise, the cancellation request is not considered.

6.7. The agency will grant compensation depending on the degree of non-compliance with the obligations in the contract.

6.8. The agency is not responsible in situations of strikes, political conflicts and war, catastrophes, public danger, terrorist attack, international embargo, as well as in the case of airline companies establishing liability limits. All these situations that are not attributable to any party are considered force majeure situations and exempt the Agency from liability.

6.9. All the amounts mentioned in points 6.1, 6.2, 6.4 and 6.5 will be withheld by the Agency from the advance or the total price of the package of tourist services paid by the tourist, without the need for the intervention of the courts.

7. Complaints

7.1. If the tourist is dissatisfied with the tourist services received, he has the obligation to make a written report on the spot, clearly and explicitly, regarding the deficiencies found, related to the realization of the contracted tourist services package, which will be sent promptly both the representative of the Agency and the provider of tourist services (hotel, restaurant management, local representatives of the tour operator).

Contact details of the Agency:

 

Phone: . . . . . . . . . .
Fax: . . . . . . . . . .
Email: . . . . . . . . . .

7.2. Both the Agency and the tourist service provider will act immediately to resolve the complaint. If the notification is not resolved or is partially resolved, the tourist will submit a written complaint to the Agency’s headquarters, within a maximum of 5 calendar days from the end of the trip, and the Agency will, within 30 calendar days, communicate to the tourist the compensation due to him, as the case may be.

 

8. The contract documents are attached to it and are as follows:

1. the voucher, the rest/treatment ticket, the excursion ticket, the order form, as appropriate;
2. the tourist program, in the case of tourist actions;
3. catalogues/leaflets/offers/other documents/etc. of the Agency made available to the tourist, in printed or electronic format.

9. Final provisions

9.1. This contract was concluded in two copies, one for each party.

9.2. The marketing of tourist service packages will be done in accordance with the provisions of this contract and with the observance of the provisions of Government Ordinance no. 107/1999, republished.

9.3. All accommodation units, as well as means of transport, are classified by the competent bodies of the destination countries, according to internal procedures and local regulations, where they exist, which differ from one country to another and from one type of destination to another .

9.4. The tourist declares that the Tourism Agency has fully informed him about the conditions for the sale of tourist service packages in accordance with the provisions of Government Ordinance no. 107/1999, republished. By signing this contract or by accepting the tourist service packages, including in the case of those purchased remotely by electronic means, the tourist expresses his agreement and acknowledgment of the general conditions for the sale of tourist service packages, in accordance with the offer of the travel agency tourism.

9.5. Disputes arising between the parties are resolved amicably, otherwise the parties agree to address the competent courts.

9.6. The contract will be interpreted according to Romanian laws.

Travel Agency, . . . . . . . . . . Legal representative (name and surname), . . . . . . . . . . The function. . . . . . . . . .Signature . . . . . . . . . . Stamp

The tourist (surname and first name)