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TERMS AND CONDITIONS CONTRACT

For tourist packages

 

 APPLICABLE LAW

This contract for the sale and purchase of the tourist packages is governed by the “Romanian Tourism Law”. The contract is also governed by these General Terms and Conditions, by the clauses and the information indicated on the Agency website, in the information leaflet and in the travel documentation delivered to the customer. The description of the tourist package forming the subject of matter of the contract is contained on the website and in the information leaflet.

 

TRAVEL ORGANISER

Oxigen Travel Nature SRL (hereinafter simply referred to as “the agency / the organiser”) with the registered office in Bucharest, 13 Elev Stefanescu Street, Bloc 451, 2nd floor, ap. 26, Sector 2, Bucharest – VAT Registration Number 35825795, registration in the Trade Register J40 / 4060.2016, Tourism License no.

Oxigen Tour is covered by insurance policy issued by Omniasig Vienna Insurance Group SA I Series - no. 27366 / 12.04.2018 valid until 11.04.2019 displayed on the website of the tour agency www.igoromania.com, bank account EUR at ING BANK, RO90INGB0000999906048760, represented by Mr. Voicu Andrei Catalin - Legal representative, hereinafter referred to as AGENCY

 

 DEFINITION OF A TOURIST PACKAGE

Tourist packages comprise travel, holidays, package tours, resulting from the combination, of at least two of the following elements, sold or offered for sale at an inclusive price: 

a)  transport;

b)  accommodation;

c)  tourist services.

 

 COMPULSORY INFORMATION – TECHNICAL FORM

The organizer is duty bound to display on website, a technical form (also in electronic format or transmitted by remote electronic means) containing the following details:

•             details of the organizer’s administrative authorization;

•             details of the  liability insurance policy;

 

  INFORMATION LEAFLET

The organizer will provide the tourist with the information leaflet relevant to the travel package containing:

1.            the destination, the means, type and category of transport used;

2.            the accommodation in hotel or other type of lodging, exact location with particular regard to the distance from the main tourist attractions of the place, the class or degree of comfort and the main features with particular regard to the quality standards offered, the approval of the said accommodation and its classification by the Host Country;

3.            the meal plan;

4.            the itinerary;

5.            general information applicable to the citizens of a Member State of the European Union as regards to passport and visa, with indications on the period required for issue, as well as health obligations and relative formalities to be carried out for the conducting of the trip and relative period of stay;

6.            the amount or percentage of the price to be paid by way of deposit and the deadlines for settling the balance;

7.            an indication of the minimum number of participants required for the package trip to take place and of the deadline within which the tourist must be informed of the cancellation of the tourist package;

The information contained in the leaflet binds the organizer in relation to it's liabilities, unless the changes in the conditions indicated therein are transmitted in writing to the tourist prior to the stipulation of the contract or agreed between the contracting parties by means of a specific written agreement, subsequent to stipulation. The information and the illustrative materials published in electronic format or transmitted by remote electronic means have the same validity as the information leaflet.

 

BOOKINGS

You can order our services through our website (www.igoromania.com) using a valid credit or debit card.

To make a booking, you must choose one of the touristic programs on our website and follow the instructions. After you have given all the data necessary for the service booking, made the payment and confirmed your order, you will receive an automatic confirmation e-mail to the e-mail address given. Please read this carefully, as it contains important information about your booked services.

Personal data are not transferred to any third party. Please be very careful in filling in the data and registering the persons and addresses for confirmation and invoicing. The agency is not responsible for any mistakes or lack of contact data. The confirmation will be sent via e-mail.

With the confirmation of the booking it is considered that all conditions have been accepted by the tourist and the agency, and the parts can claim damages or penalties for any further changes.

 

PRICE

The prices of the tourist packages published in the catalogue are expressed in Euros and have been calculated in accordance with the contracts entered into by the organizer with the carriers and suppliers. For all bookings, the tourist have to pay the prices enlisted on our website at the time of the booking. Revision of the sale price of the tourist package agreed between the parties is not admissible after the booking is confirmed.

 

AMENDMENT OR CANCELLATION OF THE TOURIST PACKAGE BEFORE AND AFTER

Should the organizer need to modify one or more parts of the contract in a significant manner prior to departure, it shall immediately inform the tourist by written communication, stating what the changes are and the consequent price variations. If the tourist does not accept the modified proposal referred to in the above paragraph, he/she has the right to withdraw from the contract without having to pay a penalty. The tourist will communicate his/hers choice to the organizer in writing, within 3 working days of receipt of the written communication referred to in paragraph 1. Similarly, the tourist may exercise the rights provided for above even when the cancellation is due to unforeseeable events or cases of force majeure affecting the tourist package purchased. If, following departure, an essential part of the services stipulated in the contract cannot be supplied, the organizer shall provide alternative solutions for the continuation of the scheduled trip without extra charges of any kind for the tourist or, alternatively, it shall reimburse to the latter the difference between the services originally envisaged and those effectively provided, without prejudice to compensation for any damage that the tourist can prove to have suffered. 

The agency reserves the right to stop at any time the touristic program if one of the tourists:

-              is under the influence of alcohol or drugs;

-              attempts to smoke or consume alcohol in the vehicle;

-              threatens, with his behavior, the safety of the other tourists, the guide or other persons ;

-              acts in any way that is prohibited by Romanian Laws.

 

WITHDRAWAL OF THE TOURIST

The tourist may withdraw from the contract without the application of a penalty in the following cases:

•             increase in the price of the tourist package of more than 10% than the agreed price;

•             the amendment to a significant extent of one or more elements of the contract which may be objectively considered as of fundamental importance for the purposes of the enjoyment of the tourist package proposed by the organizer as a whole following the stipulation of the contract itself but prior to departure and not accepted by the tourist;

In the cases referred to above the tourist will have the following alternative rights:

•             to opt for an alternative tourist package, without increase in price, or for the return of the excess price, if the second tourist package would be of inferior quality to the first;

•             to be refunded only that part of the price already paid. Such refund shall be effected within 7 working days from the moment of receipt of the request for reimbursement.

The tourist will be required to communicate his decision (acceptance of the change or withdrawal) within and no later than two working days from the moment of receipt of the notice of change or price increase. In default of express communication within the above time limit, the proposal effected by the organizer will be deemed to have been accepted.

Otherwise, any tourist withdrawing from the contract prior to departure will be the services already rendered and the penalties calculated according to the following percentages on the amount of his participation price, determined on the basis of the number of days prior to the departure date the communication was received (the calculation of the number of days does not include the date of the withdrawal –this must be received on a working day prior to the departure):

•             from 59 to 31 days: 10% for all trips and stays;

•             from 30 to 21 days: 25% for all trips and stays;

•             from 20 to 8 days: 50% for all trips and stays;

•             from 7 to 4 days: 75% for all trips and stays;

•             from 3 to 0 days: 100% for all trips and stays

No reimbursement will be available for anyone not turning up for departure or withdrawing during the trip itself. Similarly, no reimbursement will be made to anyone unable to make the journey due to inadequate personal or travel documents. In the case of pre-established groups, penalties shall be agreed upon on a case by case basis when stipulating a contract.

 

 CHANGES REQUESTED BY THE CUSTOMER

Any changes requested by the customer when the booking has already been made will not be binding for the organizer, who may decide at its own discretion whether or not to accept them.  In any case, a request for changes by the customer will entail a fixed charge of not less than € 20 for administration costs for changes relating to: place of departure, hotel services, the hotel itself, reduction in the duration of the stay, hiring and miscellaneous costs, and departure date.

 

SUBSTITUTIONS – TRANSFER OF THE CONTRACT

The tourist may have himself replaced by a third party provided that the said party meets all the requirements for using the service, in the relations deriving from the contract, by communicating in writing to the organizer at least 4 working days before the departure date, that he is unable to use the tourist package and providing all the details of the transferee. The transferor and the transferee shall also be jointly liable towards the organizer or the intermediary for the payment of the price and of any further expenses deriving from the transfer. The transfer will only be possible if the transferor or the transferee reimburses to the organizer all the additional expenses incurred in order to effect the substitution which shall be quantified prior to the transfer. The transferee must meet all the requirements for using the service and, in particular, must possess all the prerequisites related to passport, visas, and health certificates, and on condition that the services forming the subject matter of the contract, or those offered in substitution of the same can still be provided following a substitution. Any further terms and formalities regarding substitution may be indicated in the information leaflet.

 

 TOURIST OBLIGATIONS

The organizer shall have no responsibility for the non-departure of one or more tourists, due to lack of, or irregularities in, the documents required for travelling abroad. Tourists shall inform the seller and the organizer – under their own responsibility, also as regards the exactness and truthfulness of the information and data supplied – of their citizenship and, at the time of departure, they must be certain that they  possess their own passport and any other valid document necessary to enter the countries included in the tourist package, including entry and transit visas, and any health certificates or health and insurance policies that may be required. Finally, in order to evaluate the health and security status of the countries to be visited and thus the effective usability of the services purchased or to be purchased, the tourist shall obtain (utilizing the sources indicated above) the official general information available at the Ministry of Foreign Affairs, which specifically indicates whether travel to the destinations is formally not advisable. Tourists shall also adhere to the normal rules of prudence and diligence and to those specific rules in force in the countries to be visited, as well as to all the information supplied by the organizer and the rules, administrative or legal instructions pertaining to the tourist package. Tourists will be liable for any damage or costs which the organizer may suffer also as a result of failure to comply with the above mentioned obligations, including the costs required for their repatriation.  At the time of booking, the tourist shall inform the organizer in writing of any particular personal requests, which may form part of a specific agreement, relating to travel arrangements, provided that they can be carried out. The tourist must always inform the organizer of any special needs or conditions (pregnancy, food allergies, disabilities etc.) and clearly specify the request for particular personalized services.

 

HOTEL CLASSIFICATION

The official classification of hotels is provided in the catalogue or in other informative material only on the basis of the express and formal indications provided by the competent authorities of the place in which the service is provided. In the absence of official classification recognized by the competent Public Authorities of the countries, including EU member states, to which the service refers, the organizer reserves the right to provide its own description of the accommodation structure in the catalogue or brochure, in order to allow the tourist to evaluate it and consequently accept it.

After confirmation of the touristic service, if the tourist chooses to change the services initially contracted and paid by the Agency, the financial responsibility belongs to him. The Agency will resolve the requirements of the tourist when possible, and any price differences will be paid by the tourist.

 

THE AGENCY OBLIGTIONS

In the event of the total non-performance or improper performance of the obligations taken on with the sale of the tourist package, the organizer is bound to pay compensation for damage, according to its respective liabilities. Failure to maintain the quality standards of the service promised or published is considered as being improper performance. The organizer using other service providers are, in any case, bound to compensate the damage suffered by the tourist, reserving the right to take action, in turn, against the former. The right to compensation for damage becomes statute-barred three years after the date of the tourist's return to the place of departure. In the case of damage other than personal injury deriving from the non-performance or improper performance of the services included in the package, the organizer will be bound to provide compensation, if its responsibility is proven, to an extent that shall not, however, exceed the minimum limits set down by the international conventions that govern the services involved in the tourist package. The organizer will be released from the liabilities referred to in the previous paragraphs when the non-performance or improper performance of the contract is attributable to the tourist or derives from the conduct of a third party of an unpredictable or inevitable nature or has been caused by an unforeseeable event or by force majeure. The organizer will make prompt efforts to find appropriate solutions to permit the tourist to proceed with the trip, without prejudice, in all cases, to the right to compensation for damage in the event of the improper performance of the contract being attributable to the latter.

 

CLAIMS

Any failures in the performance of the contract must be reported by the tourist by means of the timely presentation of a written complaint, so that the organizer, its local representative or tour guide may proceed to provide a timely solution. The tourist may also make a claim by sending a letter by registered mail, or by another method that guarantees notice of receipt, to the organizer within 10 working days of the date of return to the place of departure.

Agency contact: +40.726.992.873; e-mail: andrei@oxigentour.ro

 

PROTECTION OF PRIVACY.

The tourist hereby authorizes the organizer to use and to transmit his personal data to third parties in relation to obligations connected with this contract in accordance with the Romanian Law.

 

APPLICABLE LAW - COMPETENT COURT

The tourist package and the travel contract are governed by Romanian law. 

 

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