Terra Trips: from dream to reality !
Contract
No. ... dated ......
I. CONTRACTING PARTIES
The company TERRANIENII CALATORESC SRL, with headquarters in Romania, Ilfov county, Domnesti, Str. Baboi no. 105F, having Unique Registration Code 44036634, registered with the Trade Register under number J23/2103/01.04.2021, bank account RO13BTRLRONCRT0596876701, respectively RO60BTRLEURCRT0596876701, open at Transilvania Bank, holder of the Tourism License series 2404/04.05.2021 for the Terra Incognita Agency, represented by Vlad Andreea Valentina, as Administrator, hereinafter referred to as the Agency,
And
Name/Surname, identified with identity card series .... number .... issued on ....... by ....., having a 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 Government Ordinance no. 107/1999 updated including Law no. 277/28.12.2017 regarding the activity of selling travel service packages, approved with amendments and supplements by Law no. 631/2001, with subsequent amendments and Ordinance no. 2 from 2 august 2018.
II. SUBJECT OF THE CONTRACT
2.1. The subject of the contract is the sale of the travel service package described in Annex 1 to this contract, the annex being an integral part thereof, from the Agency to the Traveler.
2.2. The characteristics of the travel services to which the Agency is committed, described on its official website, respectively on the website www.terra-trips.com, are purely indicative, and the Agency cannot be held responsible for any other interpretation of them.
III. PRICE AND PAYMENT METHODS
3.1. The contract price is ....
3.2. Number of registered persons: ......
3.3. Names and surnames of the registered persons: ..........
3.4. The fee includes the Agency's commission and will be paid as follows:
a) ...... on the date of conclusion of the contract, representing the advance payment for the travel services package for 2 people
b) ............ euro until the date .............., representing rate 1 for the travel service package for 2 people
c) ............ euro until the date.............., representing rate 2 for the travel service package for 2 people
d) ............ euro until the date.............., representing rate 3 for the travel service package for 2 people
3.5. The minimum number of people required to carry out the program: 10
3.6. The services will be billed in Lei or Euro at the exchange rate of the day the invoice is issued, depending on the Agency's offer. Payment for the services will be made based on the invoices issued by the Agency, in the bank account indicated by the Agency, at the time of registration or at a previous/later date depending on the details registered on the Agency's website.
IV. DURATION OF THE CONTRACT
4.1. The contract will enter into force from the moment the Traveler makes the first payment.
4.2. The contract terminates by law upon the effective execution of the obligations assumed by each contractual party.
V. RIGHTS AND OBLIGATIONS OF THE AGENCY
5.1. If the Agency is forced to modify one of the essential provisions of the contract, due to events beyond its control, it is obliged to inform the Traveler.
5.2. In the event of overbooking of a hotel, before or after the start of the trip, the Travel Agency is obliged to offer another hotel option, in the same category or a higher category, without unreasonably modifying the service tariff or in case of unavailability, to offer another hotel option, in a lower category, with reimbursement of the price difference.
5.3. If, after the start of the trip, a significant part of the travel services provided for in the contract is not performed or the Agency finds that it will not be able to perform them, it is obliged to offer the Traveler appropriate alternatives in order to continue the trip without unreasonably increasing the price, respectively the travel services offered must be of the same quality and quantity, within the limit of availability offered by the Third Parties.
5.4. Also, in the event of partial or total cancellation of the initially contracted services, due to the fault of the Agency, it will propose alternatives, and the Traveler will decide whether to agree to any of the proposed alternatives or request a refund of the amount advanced.
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) If customs or airport authorities refuse to board the Traveler or do not grant him permission to enter or exit a country, the Agency will not be charged with the additional costs generated by this situation.
c) When the failure to fulfill the obligations is due to atypical and unpredictable circumstances or circumstances that are independent of the will of the Agency or the service providers and whose consequences could not be avoided despite all efforts made, as well as to force majeure situations that occur before or after the start of the trip: such as changes in schedule or itinerary and delays in transport traffic, airport or program changes, due to political movements, strikes, natural disasters, and others alike. In these cases, the Agency will make every effort to overcome the situations that arise, but cannot be held responsible for bearing the additional expenses related to or in any other way for the occurrence of those circumstances. The additional costs induced by these changes are the responsibility of the Traveler or those who are guilty of the changes.
5.6. The Agency cannot be held responsible for the loss of the Traveler's luggage or personal belongings (regardless of the cause).
5.7. There are some adventure or nature exploration destinations, which include national parks, natural reservations or areas with extreme climates (example: safaris, cruises, excursions beyond the polar circles, climbings, mountaineering, but not limited to), where although every effort will be made to maintain the established program, it may be modified even after the final itinerary is established, due to regulations of the national park authorities, the occurrence of unfavorable weather conditions (closure of some routes due to the rainy season or glacier migration, floods, landslides, etc.), the blocking of some trekking, hiking or safari areas, animal migration or due to situations generated by local airlines or hoteliers in the respective area. The new itinerary will be brought to the attention of the Traveler as soon as 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 will supervise the smooth running of the vacation on behalf of the company, ensuring that the program is carried out according to the program specifications. The Terra Incognita group companion offers participating travelers assistance in emergency situations, ensures the interface with local partners and communicates information regarding itineraries or optional excursions.
5.9. The group companion may modify the daily tour program on site, including the order in which the travel destinations are visited, depending on certain objective conditions (unfavorable weather conditions, etc.), but without affecting the general structure of the program.
5.10. The Agency is obliged to provide the Traveler, at least 5 days before the departure date, with the following information: Schedules, stopover locations and transport connections; emergency number that allows them to contact the organizer.
5.11. The star classification of accommodation units is that 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 for 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 trip, he/she may assign the contract to a third party who meets all the conditions applicable to the contracted travel package, with the obligation to notify the Agency in writing with at least 10 days before the departure date. In this case, the Agency terminates the contract with the Traveler who transfers the contract and concludes another contract with the new Traveler.
6.2. If the Agency cancels the trip before the departure date at its own initiative, the Traveler has the right:
a) To accept at the same price another travel service package of equivalent or of a superior quality, proposed by the Agency.
b) To accept a travel service package of lower quality, proposed by the Agency, with reimbursement of the price difference.
c) If options a) or b) are not acceptable, the amounts paid under the contract shall be reimbursed.
6.3. The traveler has the right to terminate the contract at any time, in whole or partially, in compliance with the penalty clauses provided for in article 8.2. Penalties can amount to up to 100% of the value of the travel package.
6.4. Travelers are required to carefully check all issued documents; to pay the agreed amount of the trip according to the Travel Agency's instructions and to keep in mind information regarding departure, as well as the verbal instructions of the Agency representative.
6.5. Each Traveler is personally responsible for complying with the provisions of the passport, customs, health services, etc. of the country they are traveling to. Foreign citizens must inquire about the visa requirements at the consulates and embassies of the countries they wish to travel to.
6.6. Where applicable, at the destination location, the Traveler is obliged to pay at the hotel reception the resort fee, sanitation fee, as well as other local taxes, without being able to claim compensation or refund from the Agency. The Traveler will pay these amounts only if the respective taxes were not included in the package price.
6.7. The Traveler is obliged to respect the place, date and time of departure, meeting times with local guides, throughout the entire duration of the excursion. Otherwise, all expenses arising from failure to comply with the above will be borne exclusively by the Traveler. If the cancellation of some services occurred due to an unforeseen 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. If the Traveler concludes an insurance for the trip s/he is going to take part in, s/he is obliged to read the conditions under which these services are provided, and the Agency cannot be held responsible if the Traveler has not respected the clauses provided by the insurance company. The contractual relationship is a direct one between the Traveler and the company with which s/he has made the respective insurance.
6.9. If the Traveler's name, surname or address changes, she/he is obliged to send the Agency an official document attesting to this change, which will then draw up an addendum to this contract, specifying this.
VII. THE TRAVEL OF MINORS
7.1. Children under 18 years of age traveling alone or with only one parent will need to present to the customs authorities the consent of both parents or of the one not accompanying them (as the case may be), authenticated by a notary.
7.2. If the minor is up to 14 years old, the contract is made and signed by the parents, as legal representatives of the minor, or by the parent to whom the minor has been entrusted, if the parents are divorced.
7.3. If the minor has reached the age of 14, he/she signs the contract with the parents, as the minor's legal guardians, who assist him/her and approve his/her documents, or with the parent to whom the minor has been entrusted, if the parents are divorced.
7.4. If the parents are divorced, the following documents are required for the minor's travel:
a) The court decision to entrust the minor, final and irrevocable, in case the minor is accompanied by the parent to whom he/she was entrusted;
b) The final and irrevocable court decision on the custody of the minor and the notarial declaration regarding the consent of the parent to whom the minor has been entrusted (or at least the notarial declaration), if the minor is accompanied by the other parent (to whom the minor has not been entrusted);
c) The court decision on the custody of the minor, final and irrevocable, a notarial declaration regarding the consent of the parent to whom the minor has been entrusted, regarding the accompaniment of the child by another adult, in case the minor travels without being accompanied by his/her parents and the tax record of the person to whom the minor has been entrusted to accompany him/her.
VIII. CANCELLATIONS, PENALTIES, DAMAGES
8.1. The traveler must submit in writing the request to cancel the travel service package via e-mail contact@terra-trips.com or the messaging system on the Agency's official website.
8.2. If the Traveler cancels the travel service package that is the subject of this contract through his own fault, in the case of on-demand services or the standard offer, he owes the Agency penalties as follows:
a) the advance paid at the time of concluding the contract, if the cancellation is made after the payment of this amount.
b) 100% of the price of the service package, if the cancellation is made after full payment of the service package.
8.3. Penalties also apply if the Traveler does not arrive on time at the airport or place of departure, if he cannot travel because he does not have the correct documents, if he is turned back from the border by the Border Police or in any other situation due to the Traveler’s fault.
8.4. If an embassy refuses to grant an entry visa for the service package, the Traveler will be charged all fees paid by the Agency to direct providers, as well as its own operating expenses.
8.5. If the Traveler who entered the territory of the state in which the travel package is made, refuses to return to Romania and the authorities of that country incur expenses of any kind with that, the respective Traveler is obliged 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 him, in the event of the Agency's insolvency or bankruptcy, with the OMNIASIG Insurance Company, Insurance Policy Series I, No. 58691, valid until 07.04.2026.
9.2. Optionally, the Traveler has the possibility of concluding additional insurance contracts:
a) These contracts can be of several types: there are insurance policies that cover transfer fees and repatriation fees in case of accidents, illness or death, medical insurance, luggage 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 together with the general terms and conditions were 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 him/her regarding the general conditions for the marketing of travel service packages in accordance with the provisions of Government Ordinance no. 107/1999 updated including the Law no. 277/28.12.2017 and Ordinance no. 2 from 02.08.2018. By signing the contract or by accepting the travel service packages and by making the payment for the travel packages, including those purchased remotely by electronic means, the Traveler expresses his/her agreement and acknowledgement of the general conditions for the sale of travel service packages, in accordance with the Travel Agency's offer.
10.4. The Traveler declares that the Agency has informed him in advance about the general situation of the destination country, and the Traveler has assumed the responsibility of checking travel alerts at www.mae.ro/travel-alerts or other relevant sources.
10.5. The clauses of this Contract have general applicability, and in the event that, within the annexes, there are terms and conditions specific to 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 Traveler's personal data will be processed in accordance with the provisions of Regulation (EU) no. 679/2016 on the protection of individuals with regard to the processing of personal data and the free circulation of this 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. The Traveler also declares that he/she is the holder of parental/tutor rights and agrees to the processing of personal data of minor children under 16 years of age who accompany him/her, as the case may be.
11.2. The traveler has the right to access and information regarding personal data and the right to correct/modify any such data, the right to object, as well as the right to request their porting (moving) or deletion. If he has any questions or requests regarding the processing of his personal data, he may contact the Agency's Data Protection Officer.
11.3. The processing of personal data by the Agency will be done only by its own personnel and access will be limited to those persons who fulfill, manage and monitor the obligations provided for in this contract.
11.4. In order to fulfill the Agency's contractual obligations, some of the Traveler's personal data may be transferred to third parties that provide transportation, accommodation or other necessary Travel Services, including outside the European Union, as the case may be, in which case all reasonable technical measures will be taken to protect them. Also, the personal data may be made available to the Romanian state authorities entitled to request and, respectively, receive such information.
11.5. The Agency undertakes to adopt appropriate technical and organizational security measures to:
a) prevents any unauthorized person from having access to its own personal data processing information 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 through data transmission means.
b) ensures that its authorized users can only access the personal data to which their access right relates;
c) record when and to whom personal data was communicated;
d) ensures 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 are not allowed access to locations/rooms where personal data is processed.
11.6. Personal data will be stored for a maximum period of 10 years from the last processing in the databases or for longer periods, only in the event that this is mandatory according to legal provisions. By signing the contract/request, freely, informed and aware of the facts, you declare that you agree to the collection, processing and transfer of personal data by the operator, under the conditions of this information.
Travel Agency: TERRANIENII CALATORESC SRL
Legal Representative: Vlad Andreea Valentina, Administrator
Signature:
Name:
Signature:
From Dream to Reality !
Annex 1 to Contract No. _____________ dated ______________
regarding the package travel services
Package travel services means the package travel services as defined by O.G. no. 2/2018 – Romanian Law.
1. The travel package covered by contract no. ___ dated _____ includes the following:
a) travel destination(s):
b) itinerary:
c) the periods of stay with the corresponding dates:
d) accommodation, number of nights included:
e) means of transport, their characteristics and categories:
2. The tariff provided for in art. III of the Contract includes:
a)
b)
c)
d)
3. The price does not include: ....................
TERRANIENII CALATORESC SRL
Legal representative: Vlad Andreea Valentina,
administrator
Signature:
Date:
Signature:
Date: