for commercial travel packages
EXPERIENCE RO THRILLS S.R.L. with headquarters in 26B Libertatii Street, Mangalia, Constanta, phone 0721 321 695, e-mail: , registered at the Trade Register under no. J13 / 3636/2018, CIF 40293040, bank account opened at ING Bank, Account RO82INGB0000999908835456, with tourism license no. 2263 / 08.04.2020, Insurance Policy issued by Omniasig Vienna Insurance Group SA, series I, Number 53177, valid until 09.03.2021 regarding the reimbursement of repatriation expenses and / or amounts paid by the traveler in case of insolvency of the organizing travel agency , Represented by Mr. Blaj Andrei Vlad - Administrator - hereinafter referred to as the ORGANIZING AGENCY (AGENCY)
and the Traveler / traveler's representative,
have agreed at the conclusion of this contract:
I. OBJECT OF THE CONTRACT
1.1 It is constituted by the sale by the Agency of the package of travel services / of a travel service and / or of some associated services registered in the voucher, trip ticket, other document attached to the present contract and the issuance of payment and travel documents;
1.2 The characteristics of the package of travel services are presented in the offer, and this is an integral part of this contract.
II. CONCLUSION AND DURATION OF THE CONTRACT
2. The contract is concluded, as the case may be, in any of the following situations:
2.1 At the time of its signing by the Traveler or by accepting the pre-contractual conditions of travel services, including in the case of those purchased remotely by telephone and / or electronic means, by email or on the company's website,
In the case of travel service packages purchased at a distance, the following are considered acceptance of the contractual conditions:
a) Expressing the agreement / acceptance of the Traveler by sending to the Agency an electronic message from the e-mail address declared by the traveler as the correspondence / contact address;
b) Expressing the agreement / acceptance by paying by the Traveler the equivalent value of the package of travel services based on the invoice issued by the Agency;
2.2 When the traveler receives the written confirmation of the reservation from the Agency. It is the responsibility of the travel agency to inform the traveler by any means agreed with him (phone, mail, etc.) if the requested reservation is confirmed. For processing a reservation of services, the Agency may request an advance between 10-30% of the package price or full payment of the package value, depending on the date on which the traveler requests the services. In case of non-compliance with the payment terms, the Agency reserves the right to cancel the reservation. If the reservation is not confirmed and the Traveler has paid, in part or in full, the price of the travel services, he has the right to an immediate refund of all amounts already paid;
2.3 When issuing travel documents (vouchers, travel tickets, etc.), including in electronic format, if the travel service packages are part of the standard offer of the travel agency or there is already booking confirmation from others providers.
2.4 If this contract is made fully available to the Traveler in the form of a catalog, leaflet, other documents, agency website or other electronic means of communication (e-mail, etc.), the obligation to inform the traveler is considered fulfilled by the registration of this information in any of the travel documents or fiscal documents provided by the agency, not being necessary to conclude in writing the framework contract for the sale of travel services packages, respectively if this contract presented to the traveler in the manner provided above, contains the information provided in art. 7 para. (3) of Government Ordinance no. 2/2018 regarding the packages of travel services and the associated travel services, as well as for the modification of some normative acts. The photos presented in the catalogs, special offers, websites, advertising materials are indicative and informative, without affecting the quality and quantity of services contracted by the traveler.
2.5 The information provided to the Traveler before the conclusion of the contract regarding the details of the travel package, forms an integral part of the contract and can only be modified by the explicit agreement of the contracting parties.
2.6 The contract terminates, by right, once the actual provision of the package of tourist services registered in the travel documents has been completed.
III. CONTRACT PRICE AND PAYMENT METHODS
The price of the contract
3.1 The total price of the contract is specified in the distance booking and may include all fees, commissions, fees and any other costs incurred by the Agency.
It can also be registered in catalogs or leaflets, made available to the Traveler and in electronic means of communication, in offers and / or on the invoice.
3.2 At the conclusion of the contract, the Agency may request the payment of an advance from the price of the purchased package, or as the case may be, full payment, according to the conditions mentioned in the electronically transmitted offer and / or according to the conditions of the offers presented on the Agency's website . Payments can be made in EUR / USD / RON.
The payment conditions differ depending on the type of package of travel services purchased, the type of offer and will be included in the contract or in its annexes, ie in the pre-contractual information that is part of this contract.
3.3 Failure by the Traveler to comply with the payment deadlines entitles the Agency to terminate the contract without prior notice and to claim compensation for damages.
3.4 Payments may be made by bank transfer or electronic transfer directly to the Agency's accounts.
3.5 If the traveler wishes to make the payment to the agency by bank transfer for the purchased services, all bank costs will revert to the party initiating the payment, respectively to the traveler.
3.10 At the conclusion of the contract, an advance from the established price may be charged or, as the case may be, the full payment of the value of the tourist services package according to the conditions present in the presented offers.
3.11 If at the end of the contract an advance was charged, the final payment is made according to the conditions of the submitted offer.
IV. RIGHTS AND OBLIGATIONS OF THE AGENCY
4.1 In case of modification of one of the essential provisions of the contract (for example; services included in the package, travel dates, change of category of accommodation), the Agency has the obligation to inform the traveler, in writing, without undue delay. The traveler has the possibility to accept the proposed modifications or to terminate the contract in the area specified by the Agency without paying any termination penalty.
4.2 The Agency may change the contract price in the sense of increasing or decreasing, as the case may be, also showing the method of calculating the price increases or decreases of the contract and only if the change occurs as a result of changes related to:
a) the level of taxes or prices applicable to travel services included in the contract, imposed by third parties that are not directly involved in the execution of the package, including tourist taxes, accommodation prices, activities, etc.
b) the relevant exchange rate for the respective package.
The prices established in the contract cannot be increased, in any case, during the 20 calendar days preceding the departure date.
4.3 The Agency is responsible for the execution of the travel services included in this contract, regardless of whether these services are to be provided by the organizer or another travel service provider, 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) when the non-fulfillment of the obligations is due to causes of force majeure or to circumstances that neither the Agency nor the service providers could foresee or avoid, including, but not limited to: modification of schedule or itinerary, delays in traffic means of transport, failure of the means of transport, accident, blockages, works or repairs on public roads), non-fulfillment of the minimum group as a result of last minute waivers or non-obtaining of visas for all participants. The Agency is not liable for damages caused to the passenger as a result of flight delays (including charter), loss of luggage and other circumstances that fall exclusively on the carrier under specific regulations;
c) when the non-fulfillment of the 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 the obligations have an unpredictable and inevitable character.
4.4 The Agency has the obligation to provide in writing to the traveler or by any electronic means of communication agreed in writing with the traveler (e-mail, sms, etc.), at least 3 days before the departure date, the following information:
a) schedules, places visited, activities and accommodations
b) the name, headquarters / address, telephone number and e-mail address of the representative of the organizing agency
c) the obligations of the passenger provided in 5.10, 5.12 and 5.13.
4.5 The Agency is obliged to provide adequate assistance without undue delay to the passenger in difficulty, in case of force majeure or an event that neither the organizer, nor the provider or service provider, with all the effort, could foresee or avoid, especially by:
a) providing appropriate information on health services, local authorities and consular assistance;
b) providing assistance to the traveler in terms of performing distance communications and supporting him in finding alternative travel services.
The agency has the possibility to claim a reasonable commission for such assistance if the traveler is the one who caused the situation of difficulty intentionally or through his own negligence. The commission shall in no case exceed the actual costs incurred by the Agency.
4.6 The Agency is obliged to inform the person who transfers the contract (assignor), in accordance with art. 5.1. of this contract, regarding the actual costs of the transfer.
4.7 Where a significant part of the travel services cannot be performed as agreed in this contract, the Agency shall provide, at no additional cost to the traveler, appropriate alternative services for the continuation of the package, as far as possible equivalent or better than specified in the contract, including if the return of the passenger to the place of departure is not ensured as agreed.
4.8 If the proposed alternative services result in a package of a lower quality than that specified in this contract, the Agency shall grant the traveler an appropriate price reduction.
The traveler may reject the proposed alternative services only if they are not comparable to what has been agreed in this contract or the price reduction granted is inadequate.
4.9 If it is impossible to provide alternative services or the passenger rejects the alternative services proposed in accordance with art. 4.8 second paragraph of this contract, the traveler has the right, as the case may be, to the price reduction and / or to compensations without terminating the service contract regarding the travel package.
4.10 If the package includes passenger transport, the Agency shall also ensure, in the cases referred to on pages 4.9 and 4.10 of this contract, the repatriation of the passenger with equivalent transport without undue delay and without additional costs for the passenger.
4.11 Optional excursions are carried out on site with local agencies, which bear full responsibility for the organization and conduct of these excursions. The amounts related to the optional trips are not collected in the name and for the Romanian Thrills Agency. The prices of the optional excursions can be higher than those bought from the hotel reception, considering that the tourists will have at their disposal means of transport from the hotel to the objectives and return, guide, etc.
4.12 In case of purchasing a package of travel services including air transport, the air carrier, without requesting the consent of the travel agency that runs the tour program, has the right to change the flight hours. Therefore, the Organizer is not responsible for the takeoff / landing of the aircraft at a time other than that listed in the travel schedule. For these delays, the airline is obliged to assist passengers according to Regulation (EC) no. 261/2004 of the European Parliament and of the Council of 11 February 2004 laying down common rules on compensation and subsistence of 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. 1912/2006. Any problem regarding the operation of the flight and the actions adjacent to it falls 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 packages of tourist services, the day of departure and the day of arrival are not considered tourist days, these being intended for transport.
4.13 In the event of the purchase of a cruise product, the cruise line may change, for reasons of safety of navigation, the number of the cabin and its location on decks (a lower deck, an upper deck, further to the stern or to the bow, etc.), only with a cabin of the same category as the one initially reserved, in which case the passenger will not be compensated in any way considering that it is the same type of cabin as the reserved one.
V. TRAVELER'S RIGHTS AND OBLIGATIONS
5.1 If the traveler is unable to participate in the tourist trip, for any reason, he may assign the contract to a third party who meets all the conditions applicable to the contracted travel services package, with the obligation to notify the Agency in writing at least 7 days before the departure date. Between the traveler who cannot participate in the contracted tourist trip (the assignor), the third person (the assignee) and the Agency (assigned debtor), an assignment contract is to be concluded regarding the package of contracted and assigned travel services.
For individual trips, if the means of transport is the plane, the assignment of the contract can be made only if there is the possibility of transferring the place of flight. Also, for trips that require the fulfillment of special conditions, eg obtaining tourist visas, they will be taken into account for the assignment of the contract. The responsibility for concluding the assignment contract rests, as the case may be, with either the assignor or the assignee, and never with the Organizer (the assigned debtor). The passenger who transfers his package of services, as well as the assignee, are jointly and severally liable for the payment of the price of the trip and of any additional costs incurred on the occasion of this transfer.
5.2 If the contract price is increased by more than 8%, regardless of the reasons for the increase, according to art. 4.3., The traveler may terminate the contract, but having the right to immediate reimbursement by the Agency of the amounts paid, including the commission.
5.3 The traveler is obliged to communicate to the Agency, within the communicated term, from the receipt of the notification provided in ch. IV point 4.2 regarding the modification of the essential provisions of the contract or in due time before the beginning of the trip, in case of application of the clauses provided in ch. IV point 4.4. letters b) and c), its decision to opt for:
a) termination of the contract without payment of penalties or
b) acceptance of the new conditions of the contract.
5.4 If the traveler decides to participate in the trip on which changes have been made under the conditions of chap. IV pt. 4.2. it is considered that all changes have been accepted and the traveler cannot claim further compensation due to such changes.
5.5 If the traveler terminates the contract under 5.4 or the Agency cancels the tourist trip before the departure date, the traveler has the right to:
a) to accept at the same price another package of travel services of equivalent or superior quality, proposed by the Agency;
b) to accept a package of lower quality travel services proposed by the Agency, with reimbursement of the price difference, in the sense of reimbursement of the price difference between the two travel packages, at the time of concluding the new service contract;
c) to be reimbursed all amounts paid under the contract.
5.6 In all cases referred to in 5.6, the traveler has the right to claim compensation from the Agency, the amount of which may be determined by mutual agreement of the parties or on the basis of a court decision, for failure to comply with the initial contract, except which:
a) the cancellation was made due to the non-achievement of the minimum number of persons mentioned in the contract, and the Organizer informed the traveler in writing with at least:
20 days before the start of the package, in case of trips of >6 days;
7 days before the start of the package, in case of trips of 2-6 days;
48 hours before the start of the package, in case of trips of <2 days;
b) the cancellation occurred due to a case of force majeure (unpredictable circumstances, independent of the will of the person invoking them and whose consequences could not be avoided despite any efforts made, this not including overbooking, in which case the responsibility lies with the company air or accommodation unit) or some of the causes provided in ch. IV point 4.4. lit. b);
c) the cancellation was made through the fault of the traveler.
5.7 The passenger has the right to terminate at any time, in whole or in part, the contract, and if the termination is attributable to him is obliged to compensate the Agency for the damage caused to it, according to the provisions of Chap. VI of this contract. The compensation can be up to the maximum price of the contracted travel services package.
5.8 As an exception to point 5.7, the passenger has the right to terminate the contract for the package of travel services before the start of the package, without paying any termination penalty in case of unavoidable and extraordinary circumstances that occur at the destination or in the vicinity which significantly affects the execution of the package or which significantly affects the transport of passengers to the destination, circumstances arising after the conclusion of the contract and proven by documents issued by the Ministry of Foreign Affairs, approval issued by the Chamber of Commerce and Industry of Romania or any other means sample.
5.9 In case of termination of the contract regarding the package of travel services, under the conditions of art. 5.8, the traveler is entitled to a full refund of any payment made for the package, but is not entitled to any additional compensation.
5.10 If the traveler chooses to move to a hotel other than the one initially contracted and paid, the financial responsibility of the waiver belongs to him. The agency will solve the traveler's requirements as far as possible, any price differences to be borne by the traveler.
In case the traveler unreasonably requests the change of the hotel, the structure of the rooms or of any of the services, this is equivalent to the termination of the contract, with the application of the penalties provided in Chap. VI of this contract at that time and the conclusion of a new contract.
5.11 The traveler 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 return the amounts from the Organizer.
5.12 The traveler 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 travel services. If the traveler benefits from rest and treatment tickets, he is obliged to present at the reception of the hotel unit a referral ticket from the family doctor and proof of payment of social security contributions, up to date.
5.13 The traveler acknowledges that the services he purchases without being part of the contract with the Agency are strictly the responsibility of the local provider, are governed by the legislation of the destination country, and the Agency has no responsibility for the services in question.
5.14 If in order to make the trip it is necessary for the traveler to complete additional formalities (eg the trip with minors, the situation in which the tourist's name is changed as a result of his marriage / dissolution, etc.), he has the obligation to fulfill all legal requirements. For optimal information, the Agency also recommends consulting the Border Police website. If the traveler does not comply with his obligation to inform himself about the additional formalities necessary to make the trip that are not in charge of the Agency (eg in case of travel with minors, power of attorney from the parent or legal representative who does not accompany him , criminal record, or any other additional documents - the enumeration being exemplary), the Organizer is exonerated from any liability in case of impossibility to make the trip.
5.15 The traveler has the obligation to contact the Agency 24 hours before departure to reconfirm the arrival and departure details (airline, flight number, etc.).
5.16 If a single person contracts services for a larger number of passengers, the contractual conditions automatically extend to the entire group for which the services were paid for.
5.17 The traveler 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 traveler as a result of non-compliance with this paragraph.
5.18 The traveler has the obligation to respect the place, date and time of departure both round trip, as well as the places, dates and times established during the contracted travel program. All expenses and damages incurred as a result of the passenger's failure to comply with the provisions regarding meeting places and schedules, will be borne by him.
5.19 If the traveler who has entered the territory of the state where the package of travel services is made refuses to return to Romania and the authorities of the respective country make expenses of any kind with him, the respective traveler has the obligation to bear all these costs.
VI. CANCELLATIONS, PENALTIES, COMPENSATION, LIMITATION OF LIABILITY
6.1 In case the traveler renounces the package of travel services that is the object of this contract, he owes to the Organizer penalties according to the reserved offer; conditions that are taken into account by the traveler at the time of entering the booking data.
6.2 If the traveler who has contracted a package of travel services with the Agency and has paid an advance, and does not pay the subsequent related installments or the remaining payment, within the term specified in the offer, in the order form, in the contract or within the term communicated in writing, the contract is considered terminated by law, and the Agency has the right to cancel the reservations made for the benefit of the traveler with the retention of the penalties provided in art. 6.1. of this contract.
6.3 If the payment for domestic travel services was made with, or with holiday vouchers, the penalty will be deducted primarily from the value of holiday vouchers. If the penalty is higher than the value of the holiday vouchers, the difference that exceeds the value of the holiday vouchers will be deducted from the value paid through other payment instruments. If the value of the holiday vouchers is higher than the value of the penalty, the difference is not refunded either in vouchers or in cash if the traveler does not want another tourist service.
In case the traveler expresses his desire to purchase another tourist service, for a later period, then the difference between the value of the vouchers and the value of the penalty will be used for this new service. The term in which the traveler can request the new package of travel services is of maximum 2 months from the date of termination of the contract / renunciation of the initial travel services. If the traveler does not express his option during this period, the Agency can no longer offer him any package of travel services later.
6.4 For rest and / or treatment tickets purchased through trade unions, the Agency will make refunds only on the basis of waiver requests countersigned and stamped by the trade union representative.
6.5 If an embassy refuses to grant an entry visa for the performance of the package of services, the traveler will be charged all fees due by the Agency to direct providers, as well as its own operating expenses.
6.6 The Agency is exempt from any liability if after the start of the journey, the border guard service / border police or other competent authority refuses to grant the traveler the right of exit / transit / entry into the territory of a state, necessary for the performance of travel services. In this situation, the total value of the package of travel services will be retained for the traveler.
6.7 Penalties equivalent to those indicated in point 6.1 also apply if the traveler does not arrive on time at the airport or at the place of departure / destination, if he cannot travel because the personal documents required to make the trip do not comply with the rules legal or is unable to leave the territory of the country, for other reasons related to his person.
6.8 The traveler must submit in writing the request to give up the package of travel services to the Agency where he paid for the services. Otherwise, the waiver request is not considered.
6.9 The Agency will award compensation depending on the degree of non-compliance with the obligations under the contract.
6.10 The Agency shall not be liable in situations of strike, political and war conflicts, catastrophes, public danger, terrorist attack, embargo or international travel restrictions. All these situations that are not imputable to any party are considered situations of force majeure and exonerate the Organizer from liability.
6.11 All amounts mentioned in points 6.1, 6.2, 6.5, 6.6 and 6.7 of this contract shall be withheld by the Agency from the advance or the total price of the package of travel services paid by the traveler, without the need for the intervention of the courts.
7.1 The tourist shall inform the Agency without delay of any non-compliance which he / she finds during the performance of a travel service included in the contract for the package of travel services.
Contact details for assistance and support:
Phone: 0721 321 695
7.2. If any of the travel services are not performed in accordance with the requirements of this contract, the Agency shall remedy the non-compliance, except in one of the following cases:
a) the non-conformity cannot be remedied;
b) remediation involves disproportionate costs, taking into account the extent of the non-compliance and the value of the travel services affected.
If the Agency, in accordance with the first paragraph letter a) or b) of this paragraph, does not remedy the non-conformity, the traveler has the right to benefit from a corresponding price reduction for any period in which there was a non-conformity, unless the Agency proves that the non-conformity is attributable to the traveler.
7.3 If the non-compliance substantially affects the performance of the package and the Agency has failed to remedy it within a reasonable time set by the traveler, he may terminate this contract without paying any termination penalties and may, if necessary, request, price reduction and / or compensation.
8.1 According to the provisions of GO no. 2/2018 and of Order 156/2019 issued by the Ministry of Tourism, the traveler is insured for the reimbursement of amounts paid by him in connection with travel service packages, in case of insolvency of the organizing travel agency and in connection with associated travel services, such as defined in art. 3 point 16 of Government Ordinance no. 2/2018, insofar as the Organizer facilitates associated travel services, at the OMNIASIG VIENNA INSURANCE GROUP Insurance Company based in Bucharest str. Aleea Alexandru no. 51 sector 1, tel. 0214057420, fax 0213114490. The insurance policies regarding the protection in case of insolvency of the organizing travel agency are:
- Insurance policy series I no. 53177 on the protection in case of insolvency of the organizing travel agency valid until 09.03.2021
8.2 If the transport of passengers is included in this contract, the guarantee provided in art. 8.1 includes the repatriation of passengers, regardless of whether the execution of the package is affected by the insolvency of the Agency or the traveler is unable to return to the place of departure or to the place agreed by the parties.
8.3 Amount of compensation:
8.3.1 If the journey has not begun, the amount of compensation shall be equal to the amount actually paid by the traveler under this contract, in so far as the relevant services are not provided as a result of the Agency's insolvency.
8.3.2 If this contract includes passenger transport and the passenger is unable to return to the place of departure due to the insolvency of the Agency, the compensation shall be equal to the value of the travel services not provided to the passenger and paid by him under this contract. the cost of repatriation is added.
8.3.3 If the traveler has benefited from repatriation under the conditions of art. 8.2 .:
a) The traveler does not benefit from any other compensation from the Insurer, in case the repatriation occurs as a result of the Agency's non-compliance with the contractual obligations towards its partners;
b) The traveler benefits from the reimbursement of the value of the travel services not provided and paid by him based on the present contract, without decreasing the repatriation expenses incurred by the Insurer, in case of the Agency's insolvency.
8.3.4 The insurer may propose to the passenger an offer of appropriate alternative services for the continuation of the package, under the conditions provided by Order no. 156/2019 issued by the Ministry of Tourism. In case the traveler accepts the proposed offer, he does not benefit from any additional compensation.
8.4 Compensation conditions:
8.4.1 The traveler will immediately notify the Insurer by telephone or fax if the insolvent Agency does not repatriate it.
8.4.2. If the traveler requests from the Agency the reimbursement of the amounts paid and / or the cost of repatriation, he sends the supporting documents, in copy, to the Agency, by registered letter with acknowledgment of receipt having the obligation to keep the supporting documents, in original.
8.4.3. The traveler may request the Agency in a state of insolvency, to reimburse the amounts paid by it and / or the cost of repatriation as follows:
a) within a maximum of 30 days from the date of declaring the insolvency of the Agency, if it occurred after the date of concluding the unexecuted / partially executed package;
b) within 15 working days from the date of concluding the execution of the package in the situation where the declaration of insolvency is prior to it.
8.4.4. In case the Agency is deregistered as a result of the bankruptcy, the traveler will send the request for reimbursement of the amounts paid directly to the Insurer within 15 working days from the date of deregistration.
8.4.5. In the situation provided in par. 8.3.2., The traveler may request the Agency to reimburse the cost of repatriation, by registered letter with acknowledgment of receipt, within 15 working days from the date of repatriation.
8.4.6. Within 5 working days from the date of sending the request according to art. 8.4.3, 8.4.4. or 8.4.5., as the case may be, the Traveler notifies in writing the Insurer in connection with the request addressed to the Organizer regarding the reimbursement of the amounts paid by him and / or the cost of repatriation.
8.4.7. Within 15 working days from the date of confirmation of receipt of the notification from art. 8.4.1. or 8.4.4., as the case may be, the traveler shall send to the Insurer, by registered letter with acknowledgment of receipt, the claim accompanied by supporting documents which shall include at least the following:
a) the contract for the sale of the package of travel services;
b) the acknowledgments of receipt specified in art. 8.4.2. or 8.4.5., as appropriate;
c) copies of the documents attesting the payment of the services (eg receipts, payment orders), in case of requests for reimbursement of the amounts paid by the traveler;
d) copies of the transport and accommodation documents, as the case may be, in case of requests for reimbursement of the repatriation cost.
8.4.8. The indemnity will be paid within 30 working days from the date of receipt by the Insurer of the supporting documents from the traveler.
8.4.9. If, after the payment of the compensation, the Organizer pays the amounts due to the traveler, he returns to the Insurer the compensation received, within 30 working days from the date of receiving the amounts from the Agency.
8.5. Optionally, the traveler has the possibility to conclude an insurance contract, which will cover the transfer fees or an assistance contract to cover the repatriation fees in case of accidents, illness or death, a luggage insurance contract, a contract insurance for medical services at the destination or a cancellation insurance or other types of travel insurance. The agency recommends concluding a cancellation insurance to cover possible cancellation penalties. The traveler can be informed in the agencies about the cases covered by the cancellation insurance, this can be concluded in the travel agency from where he purchased the package of travel services, if the agency offers this type of service.
8.6. The Agency is not guilty of possible non-compliance with the obligations stipulated in the insurance policies contracted through the Organizer, because this is only an intermediary between the traveler and the insurer.
IX. THE DOCUMENTS OF THE CONTRACT ARE CONSTITUTED AS AN ANNEX TO THIS AND ARE THE FOLLOWING:
a) the voucher / trip ticket and the order receipt, as the case may be;
b) the tourist program / itinerary, in case of tourist actions;
c) catalogs / leaflets / offers / other documents / etc. of the Organizer made available to the traveler, in printed format or on electronic support.
X. PERSONAL DATA PROCESSING
10.1 Personal data processed by EXPERIENCE RO THRILLS SRL
The processing of personal data is any operation or set of operations that is performed on your personal data.
EXPERIENCE RO THRILLS SRL may process the following personal data: name, surname, telephone number, home address, e-mail address, series and no. identity card, series and no. passport, CNP, date of birth, age of children, union membership, place of work, company name (if applicable), VAT registration number (if applicable).
10.2 Persons concerned: travelers / tourists / beneficiaries of travel or tourist services, representatives / proxies / contact persons (contractual partners) within the companies or institutions / public authorities.
10.3 Purposes of collecting personal data.
We process personal data, collected based on this contract, for the following purposes:
Booking, intermediation, offering and / or marketing of services and / or packages of travel services, other tourist services, cultural / sporting or other events, leisure services or business travel, execution of contracts - respectively in order to fulfill contractual obligations on which we assume towards you.
10.4. Recipients of your personal data
EXPERIENCE RO THRILLS SRL will consider all information collected from you as confidential and will not share it with third parties (except those individuals and / or legal entities involved in providing the services reserved or purchased by you, respectively EXPERIENCE RO THRILLS SRL business partners , including partners from outside the European Union, if without sharing your data you could not benefit from the services purchased) without your express and prior consent.
We will also be able to provide your personal data to central and local public authorities, judicial authorities, police, prosecutor's office (within the limits of legal provisions and / or as a result of well-founded and expressly formulated requests), etc.
10.5. Duration of personal data processing
EXPERIENCE RO THRILLS SRL will process your personal data until the completion of the purpose for which they were collected or later, according to the legal obligations established in our task.
Subsequently, if you or the legal / authorized representative do not exercise the right of opposition / deletion, according to the law, these data will be archived by EXPERIENCE RO THRILLS SRL for the time provided in the internal procedures or will be destroyed.
10.6. The rights of data subjects. According to the applicable legal provisions, you benefit from the following rights: the right to be informed, the right of access, the right to rectification, the right to delete data ("right to be forgotten"), the right to restrict processing, the right to data portability, the right to opposition and rights related to automated individual decision-making, including profiling.
You are also granted the right to lodge a complaint with a supervisory authority and to bring a judicial appeal. For this purpose, in Romania, the supervisory authority is:
10.7. Exercising your rights. To exercise these rights you can contact EXPERIENCE RO THRILLS SRL by sending an e-mail to
10.8. By signing this contract, you confirm that you have read, been informed correctly, fully, have read the contents of this document, fully understand it and agree to the processing of personal data of you and the persons for whom make the reservation by EXPERIENCE RO THRILLS SRL.
By reading this CONTRACT for the sale of travel services packages, I confirm that I have been informed correctly and fully understand the rights I enjoy regarding the protection of both my personal data and data protection, including personal details of any minors.
XI. FINAL PROVISIONS
11.1. This contract was concluded in two copies, one for each party.
11.2. The sale of travel services packages will be done in accordance with the provisions of this contract and in compliance with the provisions of Government Ordinance no. 2/2018 regarding the packages of travel services and associated travel services, as well as all other incidental normative acts.
11.3. 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.
11.4. The traveler declares that the Agency has fully informed him about the conditions of sale of travel service packages in accordance with the provisions of Government Ordinance no. 2/2018. By signing this contract, or by accepting the travel service packages, including in the case of those purchased remotely by electronic means, the traveler expresses his agreement and acquaintance with the general conditions of sale of travel service packages, in accordance with the offer Agency.
11.5. The traveler declares that before concluding this contract the Agency provided him with all the essential information regarding the contracted services, such as: destination, itinerary, travel period, number of nights included, means of transport, accommodation units and meals offered, other services included in package, minimum number of persons required to perform travel services, language skills required for the traveler for oral communication, information for persons with reduced mobility, general information on visa and passport and health formalities in the destination country, information on travel agency organizer / intermediary, the total price of the package, the payment methods, information regarding the possibility of the traveler to terminate the contract at any time before starting the execution of the package and information regarding the optional or compulsory insurance to cover the costs of termination of the contract. to the traveler or the costs of assistance, including repatriation fees, in the event of an accident, illness or death, with which he expressly agrees.
11.6. If the object of this contract is the sale by the Organizer of a travel service that does NOT constitute a package of travel services according to the provisions of O.G. no. 2/2018, art. 5.9, art. 5.10. and Chapter VIII of this contract are not applicable.
11.7. Disputes between the parties are settled amicably, otherwise the parties agree to address the competent courts.
11.8. The contract will be interpreted according to Romanian laws.
11.9 The combination of travel services made available to you is a package within the meaning of Government Ordinance no. 2/2018 on travel service packages and associated travel services, as well as for the amendment of some normative acts.
Therefore, you will enjoy all the EU rights that apply to packages. The company EXPERIENCE RO THRILLS SRL will be fully responsible for the proper execution of the package as a whole.
In addition, according to the legislation, the company EXPERIENCE RO THRILLS SRL has protection to reimburse your payments and, if the transport is included in the package, to ensure your repatriation in case it becomes insolvent.
Additional information regarding the main rights under Government Ordinance no. 2/2018:
- Passengers will receive all essential information on the package prior to the conclusion of the contract for the package of travel services.
- There is always at least one trader responsible for the proper performance of all travel services included in the contract.
- Passengers are provided with an emergency telephone number or the details of a contact point where they can contact the organizing travel agency or travel agent.
- Passengers may transfer the package to another person, following a reasonable notice and possibly the payment of additional costs.
- The price of the package may be increased only if the specific costs (eg fuel prices) increase and if this is expressly provided for in the contract, and in any case not later than 20 days before the start of the execution of the package. If the price increase is more than 8% of the package price, the passenger may terminate the contract. If the organizing travel agency reserves the right to increase the price, the traveler is entitled to a price reduction if there is a decrease in the relevant costs.
- Travelers can terminate the contract without paying a termination penalty and can obtain a full refund of any payments if any of the essential elements of the package, other than the price, have changed significantly. If, before the start of the execution of the package, the trader responsible for the package cancels the package, passengers are entitled to a refund and, where applicable, compensation.
- Passengers may terminate the contract without paying a termination penalty before the start of the package, in exceptional circumstances, for example in the event of serious security issues at the destination which are likely to affect the package.
- In addition, passengers have the possibility to terminate the contract at any time before the start of the package, in exchange for paying an appropriate and justifiable termination penalty.
- If, after the start of the execution of the package, important elements of the package cannot be executed as agreed, the passenger will have to be offered appropriate alternative services, without incurring additional costs. Passengers can terminate the contract without paying a termination penalty, if the services are not performed in accordance with the contract and this substantially affects the execution of the package and the organizing travel agency does not remedy the problem.
- Passengers are also entitled to a price reduction and / or compensation for damages if travel services are not performed or are not performed properly.
- The organizing travel agency must provide assistance in case the traveler is in difficulty.
- If the organizing travel agency goes bankrupt, the payments will be refunded. If it becomes insolvent after the start of the package and the transport is included in the package, the repatriation of passengers is guaranteed. XY contracted insolvency protection with YZ [the entity responsible for insolvency protection]. Passengers may contact this entity or, as the case may be, the competent authority (contact details, including name, geographical address, e-mail address and telephone number) if services are refused due to XY insolvency.
For the purposes of this form, the organizing travel agency means the organizing travel agency established in Romania or the intermediate travel agency established in Romania, which buys packages directly from an organizing travel agency not established in Romania, after case, according to art. 14 of the Government Ordinance no. 2/2018.