Terra Incognita: Travel, Explore, Live!

Agreement
No. ... dated ......

I. CONTRACTING PARTIES

The company TERRANIENII CALATORESC SRL, headquartered in Ilfov, Domnesti, Baboi Street No. 105F, with Fiscal Identification Code (CUI) 44036634, registered with the Trade Registry under number J23/2103/01.04.2021, bank accounts RO13BTRLRONCRT0596876701 and RO60BTRLEURCRT0596876701, opened at Banca Transilvania, holder of Tourism License series 2404/04.05.2021 for Terra Incognita Agency, represented by Vlad Andreea Valentina, in her capacity as Administrator, hereinafter referred to as the Agency.

And

Name/Surname, identified with ID card (ID) series .... number .... issued on ....... by ....., with phone number ...., email address ...., and mailing address in ..........., hereinafter referred to as the TRAVELER, have agreed to conclude this contract in accordance with the general terms and conditions and in compliance with the provisions of Government Ordinance no. 107/1999, updated, including Law no. 277/28.12.2017 on the activity of selling travel packages, approved with amendments and completions by Law no. 631/2001, with subsequent amendments, and Ordinance no. 2 of August 2, 2018.

II. CONTRACT OBJECT

2.1. The object of the agreement is the sale by the Agency of the travel service package described in Annex 1 to this contract, an annex that is an integral part of it.
2.2. The characteristics of the travel services to which the Agency commits, as described on its official website, namely www.terra-trips.com, are for informational purposes only.

III. PRICE AND PAYMENT METHODS

3.1. The contract price is ....
3.2. Number of registered persons: ......
3.3. Names of registered individuals: ..........
3.4. The price includes the Agency's commission and will be paid as follows:
a) ...... at the contract's conclusion date, representing the advance for the travel service package for 2 persons
b) ............ euros by ...... , representing installment 1 for the travel service package 
c) .... by ...... , representing installment 2 for the travel service package 
d) .... by ............... , representing installment 3 for the travel service package 
3.5 Minimum number of persons required for the program to take place: 10
3.6. The invoicing of services will be done in Lei or Euro at the exchange rate on the day of issuing the invoice, depending on the Agency's offer. Payment for services will be made based on the invoices issued by the Agency, into the bank account indicated by the Agency, at the time of registration or according to the details listed on the Agency's website.

IV. CONTRACT DURATION

4.1. The contract shall come into force upon the completion of the first payment.
4.2. The contract shall automatically terminate upon the actual completion of the travel service package as specified in the travel documents.

V. RIGHTS AND OBLIGATIONS OF THE AGENCY

5.1. In the event that the Agency is required to modify any of the essential provisions of the contract due to events beyond its control, it has the obligation to inform the Traveler.
5.2. In the case of hotel overbooking, before or after the start of the journey, the travel agency is obligated to provide an alternative hotel of the same category or a higher category without changing the service fees.
5.3. If, after the start of the journey, a significant part of the travel services specified in the contract is not carried out or if the Agency determines that they cannot be carried out, it is obliged to offer the Traveler suitable alternatives to continue the journey without increasing the price, i. e. , the offered travel services should be of the same quality and quantity.
5.4. Also, in case of partial or total cancellation of initially contracted services due to the fault of the Agency, it shall propose alternatives, and the Traveler will decide whether to accept any of the proposed alternatives or request a refund of the advanced amount.
5.5. The Agency is responsible for the proper execution of the obligations assumed by the contract, except in the following cases:
a) When the non-fulfillment or defective fulfillment of the obligations assumed by the contract is due to the Traveler.
b) In cases where customs or airport authorities refuse the Traveler's boarding or do not grant the Traveler permission to enter or exit a country, and the Agency cannot be held responsible for the additional costs incurred by this situation.
c) When the non-fulfillment of obligations is due to abnormal and unforeseeable circumstances or circumstances independent of the will of the Agency or service providers and whose consequences could not be avoided despite any efforts made, including force majeure situations that occur before or after the start of the journey: schedule or itinerary changes and delays in transport, changes in airports or programs due to political movements, strikes, natural disasters, etc. In these cases, the Agency will make every effort to overcome the situations that arise, but cannot be held responsible for incurring additional expenses. The additional costs incurred by these changes are the sole responsibility of the Traveler.
5.6. The Agency cannot be held responsible for the loss of the Traveler's luggage or personal items (regardless of the cause).
5.7. There are some adventure or nature explorer destinations, including national parks, nature reserves, or areas with extreme climates (safari, cruises, excursions beyond the polar circles, climbing, mountaineering, but not limited to), where, despite all efforts to maintain the established program, it may be modified even after the final itinerary is set, due to regulations of national park authorities, unfavorable weather conditions (closure of routes due to the rainy season or glacier migration, floods, landslides, etc. ), blocking of trekking, hiking or safari areas, animal migration, or situations generated by local airlines or hotels in that area. The new itinerary will be communicated to the Traveler as soon as the new changes occur.
5.8. In the case of group trips organized by Terra Incognita, the company will send a representative who will accompany the group of travelers and supervise the smooth running of the vacation on behalf of the company, ensuring that the program unfolds according to the specifications in the itinerary. The Terra Incognita group escort provides assistance to participating travelers in emergency situations, ensures communication with local partners, and provides information about itineraries or optional excursions.
5.9. The group escort may adjust the daily program on-site, including the order in which travel destinations are visited, based on certain objective conditions (unfavorable weather conditions, etc. ), without affecting the overall structure of the program.
5.10. The Agency is obligated to provide the Traveler, at least 5 days before the departure date, with the following information: Schedules, stopover locations, and transportation connections; an emergency number allowing contact with the organizer.
5.11. The star classification of accommodation units is the one officially assigned by the relevant ministries of the respective countries and, as such, complies with local regulations. The Agency cannot be held responsible for the standards of these classifications or the inappropriate assignment of the number of stars.
5.12. Additional specifications mentioned by the Traveler (double bed, smoking/non-smoking rooms, balcony, etc. ) depend on availability at the time of check-in at the hotel, and their provision cannot be guaranteed.

VI. RIGHTS AND OBLIGATIONS OF THE TRAVELER

6.1. If the Traveler is unable to participate in the journey, they may assign the contract to a third party who meets all the conditions applicable to the contracted travel service package, with the obligation to notify the Agency in writing at least 10 days before the departure date. In this case, the Agency terminates the contract with the Traveler assigning the contract and enters into a new contract with the new Traveler.
6.2. In the event that the Agency cancels the trip before the departure date on its own initiative, the Traveler has the right to:
a) Accept at the same price another travel service package of equivalent or superior quality proposed by the Agency.
b) Accept a lower-quality travel service package proposed by the Agency, with a refund of the price difference.
c) If options a) or b) are not acceptable, request a refund of the amounts paid under the contract.
6.3. The Traveler has the right to terminate the contract at any time, in whole or in part, while respecting the penalty clauses specified in Article 8.2. Penalties may amount to up to 100% of the travel package value.
6.4. Travelers are obliged to carefully check all issued documents, pay the agreed amount of the excursion according to the instructions of the travel agency, and retain information about departure, as well as verbal instructions from the agency's representative.
6.5. Each Traveler is personally responsible for complying with the provisions of passport, customs, health, etc. , services of the country they are traveling to. Foreign citizens must inform themselves about visa requirements at the consulates and embassies of the countries they intend to travel to.
6.6. Where applicable, at the destination, the Traveler is obligated to pay at the hotel reception the resort fee, sanitation fee, as well as other local taxes, without being able to claim compensation or reimbursement from the Agency. The Traveler will pay these amounts only if these taxes have not been included in the package price.
6.7. The Traveler is obliged to adhere to the place, date, and time of departure, as well as the meeting hours with local guides throughout the excursion. Otherwise, all expenses arising from non-compliance with the above will be borne exclusively by the Traveler. If the cancellation of some services occurred due to an unforeseeable change in the flight schedule, the Traveler is not entitled to claim compensation from the Agency but only from the airline that operated the flight.
6.8. In case the Traveler takes out travel insurance, they are obliged to read the terms under which these services are granted, and the Agency cannot be held responsible if the Traveler has not complied with the clauses provided by the insurance company. The contractual relationship is a direct one between the Traveler and the insurance company with which they took out the respective insurance.
6.9. In the event of changes to the Traveler's name, surname, or address, they are obligated to send the Agency an official document attesting to this change, and the Agency will then create an additional document to this contract specifying this change.

VII. TRAVEL OF MINORS

7.1. Children under 18 traveling alone or with only one parent must present to customs authorities the consent of both parents or the one who is not accompanying them (as applicable), authenticated by a notary.
7.2. If the minor is under the age of 14, the contract is carried out and signed by the parents as the legal representatives of the minor or by the parent to whom the minor has been entrusted in case of divorce.
7.3. If the minor is 14 years of age or older, they sign the contract along with their parents as the legal guardians of the minor, who assist and approve the actions, or by the parent to whom the minor has been entrusted in case of divorce.
7.4. In case of divorced parents, the following documents are required for the travel of the minor:
a) The final and irrevocable court decision granting custody of the minor, if the minor is accompanied by the parent to whom custody has been entrusted;
b) The final and irrevocable court decision granting custody of the minor and a notarized statement regarding the agreement from the parent to whom custody has been entrusted (or at least the notarized statement), if the minor is accompanied by the other parent (to whom custody has not been entrusted);
c) The final and irrevocable court decision granting custody of the minor, a notarized statement regarding the agreement from the parent to whom custody has been entrusted regarding the accompanying of the child by another adult, in case the minor is traveling without being accompanied by parents, and the fiscal record of the person to whom custody has been entrusted to accompany the minor.

VIII. CANCELLATIONS, PENALTIES, COMPENSATIONS

8.1. The Traveler must submit in writing via email to contact@terra-trips.com or through the messaging system on the official page of the Agency the request for the cancellation of the travel service package.
8.2. In case the Traveler cancels, through their fault, the travel service package covered by this contract, for on-request services, or the standard offer, they owe the Agency penalties as follows:
a) The advance payment made at the time of concluding the contract if the cancellation occurs after the payment of the amount.
b) 100% of the price of the travel service package if the cancellation occurs after the full payment of the travel service package.
8.3. Penalties also apply if the Traveler does not arrive on time at the airport or the departure location, if they cannot travel because their documents are not in order, if they are turned back at the border by the Border Police, or in any other situation due to the Traveler.
8.4. If an embassy refuses to grant an entry visa for the execution of the travel service package, the Traveler's payments to the direct providers and the Agency's own operating expenses will be retained.
8.5. In case the Traveler who has entered the territory of the country where the travel service package is being carried out refuses to return to Romania, and the authorities of that country incur any expenses on their behalf, the respective Traveler is obligated to bear all these expenses, which cannot be attributed to the Agency.

IX. INSURANCE

9.1. The Traveler is insured for the reimbursement of the amounts paid by them in the event of the insolvency or bankruptcy of the Agency with OMNIASIG Insurance Company, Insurance Policy Series I, No. 52899, valid until 07.04.2024.
9.2. Optionally, the Traveler has the possibility of concluding additional insurance contracts:
a) These contracts can be of various types: there are insurance policies covering transfer fees and repatriation fees in case of accidents, illness, or death, medical insurance, baggage insurance, cancellation insurance, etc.
b) The insurance contract is concluded exclusively between the Traveler and the Insurance Company.

X. FINAL PROVISIONS

10.1. The contract, along with the general terms and conditions, has been concluded in two copies, one for each party.
10.2. The Agency recommends taking out cancellation insurance to cover any cancellation penalties.
10.3. The Traveler declares that the travel agency has fully informed them about the general terms and conditions of the sale of travel service packages in accordance with the provisions of Government Ordinance no. 107/1999, updated including by Law no. 277/28.12.2017, and Ordinance no. 2 of 02.08.2018. By signing the contract or accepting the travel service packages and making payments for the travel packages, including those purchased remotely through electronic means, the Traveler expresses their agreement and acknowledgment of the general terms and conditions of the sale of travel service packages, in accordance with the travel agency's offer.
10.4. The Traveler declares that the Agency has informed them in advance about the general situation of the destination country, and the Traveler has taken responsibility for checking travel alerts at www.mae.ro/travel-alerts.
10.5. The clauses in this contract have general applicability, and in the event that, within the annexes, there are specific terms and conditions for certain travel services, those conditions will prevail over the clauses of this contract.
10.6. The contract will be interpreted in accordance with the laws of Romania.

XI. PERSONAL DATA PROTECTION

11.1. The personal data of the Traveler will be processed in accordance with the provisions of Regulation (EU) No. 679/2016 on the protection of individuals concerning the processing of personal data and the free movement of such data. The Traveler will provide the Agency with the requested personal data and agrees to their processing for the purpose of carrying out and monitoring this Contract by the Agency. Additionally, the Traveler declares that they are the legal guardian of minors under 16 years old who accompany them, if applicable, and agrees to the processing of the personal data of these minors.
11.2. The Traveler has the right of access and information regarding personal data, the right to correct/modify any such data, the right to object, as well as the right to request the porting (transfer) or deletion of such data. If the Traveler has questions or requests regarding the processing of their personal data, they can address the Agency's Data Protection Officer.
11.3. The processing of personal data by the Agency will only be done by its own staff and access will be limited to those persons who fulfill, manage, and monitor the obligations provided in this contract.
11.4. In order to fulfill the contractual obligations of the Agency, some personal data of the Traveler may be transferred to third parties providing transport, accommodation, or other necessary travel services, including outside the European Union, if applicable, in which case all reasonable technical measures will be taken to protect them. Additionally, personal data may be made available to the Romanian state authorities authorized to request and receive such information.
11.5. The Agency undertakes to adopt appropriate technical and organizational security measures to:
a) prevent any unauthorized person from accessing its own personal data processing systems, such as:
a. reading, copying, modifying, or deleting storage media;
b. unauthorized disclosure, modification, or deletion of stored personal data;
c. unauthorized use of data processing systems via data transmission means.
b) ensure that its authorized users can only access personal data within the scope of their access rights;
c) record when and to whom personal data has been communicated;
d) ensure that, during the transmission of personal data and the transport of storage media, the data cannot be read, copied, or deleted without authorization;
e) delimit access areas so that unauthorized persons cannot access locations/rooms where personal data is processed.
11.6. Personal data will be stored for a maximum period of 5 years in databases or for longer periods only if required by legal provisions. By signing the contract/request, freely, knowingly, and in an informed manner, you declare that you agree to the collection, processing, and transfer of personal data by the operator, under the conditions of this information.

Date: ...............

Travel Agency: TERRANIENII CALATORESC SRL

Legal Representative: Vlad Andreea Valentina, Administrator

Signature:

Traveler:

Name:

Signature:

Terra Incognita: Travel, Explore, Live!

Annex 1 to Agreement No. _____________ dated ______________

regarding the travel services package

By the travel services package, we understand the travel services package as defined by Government Ordinance 2/2018.

The travel services package covered by contract no. ___ dated _____ includes the following:
a) Destination(s) of the journey:
b) Itinerary:
c) Duration of stay with corresponding dates:
d) Accommodation, number of included nights:
e) Means of transportation, their characteristics, and categories:

The fee specified in Article III of the Contract includes:
a)
b)
c)
d)
The fee does not include: ....................

Travel Agency:
TERRANIENII CALATORESC SRL

By the administrator
Vlad Andreea Valentina

Signature:

Date:

TRAVELER



Signature:

Date: