Contract of Sale of Package tours nr ……… / 2016
The seller of the package Trip2Ro Tour Operator (with the services indicated on the voucher and in the catalog or the program reported on the website www.trip2ro.com) as described in the art. 1 and the consumer of the package, the undersigned …………………………………. , date of birth …………. …………… ……………….. phone ……….. …………… address …………………………….. ……….., in the name and on their own, as well as in the name and on behalf of the persons listed below ………………. ….. ……………………… ……………… … they have entered into this contract. This contract consists of the General Conditions specified below, as well as from the catalog or from the printed program or the program reported on the website www.Trip2RO.com. The description of the package linked to this contract is contained in the descriptions of the catalog or in the printed program or program published on the website www.Trip2RO.com.
For the purposes of this contract shall apply:
- a) Organizing travel – A-Trip2RO S.r.l-D. with the registered office in Romania, Galati – Com.Frumusita, sat Frumusita 807, no. registration in the Trade Register J17 / 883 / 07.17.2013 CUI RO32020537, no license tourism 6964/2013, insured with Omniasig (http://www.trip2ro.com/wp-content/uploads/2014/08/Insurance.pdf) , represented by Corina Panica – the person making the combination of the items in the following article 2 and undertakes in his own name and to lump-sum payment to procure packages to third parties;
- b) Seller – A-Trip2RO Srl with registered office in Romania, Galati – Com.Frumusita, sat Frumusita 807, no. registration in the Trade Register J17 / 883 / 07.17.2013 CUI RO32020537 no license tourism 6964/2013, insured with Omniasig (http://www.trip2ro.com/wp-content/uploads/2014/08/Insurance.pdf) represented by Corina Panica – the person who sells or undertakes to procure tourist packages in accordance with the following article 2 to a lump-sum;
- c) Consumer packages, the buyer, the transferee of a tourist package or any person even to be nominated, provided it meets all the conditions required for the use of the service, on whose behalf the principal contractor agrees to purchase without a remuneration tour package.
- CONCEPTS OF TOURIST PACKAGE
Whereas: EUROPEAN LEGISLATION – The term “package” is the following: tourist packages are subject to travel, holidays and package tours, resulting from the combination of at least two of the following elements, sold or offered for sale at an inclusive price, and lasting more than 24 hours or covering a period of time including at least one night:
- a) Transportation; b) Accommodation; c) tourist services not ancillary to transport or accommodation (omitted) … that constitute a significant part of the “package”.
- COMPULSORY INFORMATION – TECHNICAL
The organizer has the obligation to implement in the catalog or program out of print a data sheet. The elements that must be included in the data sheet of the catalog or program outside the catalog are:
-estremi Authorisation administrative or, if applicable, the DIA Organizer;
-estremi of civil liability insurance policy;
-period of validity of the catalog or program out of print;
-How and conditions for the replacement of the traveler;
-parameters criteria and price adjustment of trip
The organizer will also inform passengers about the identity of / the carrier / the actual / s within the time and in the manner provided by art. Reg. EC 2111/2005.
The booking request must be made on the appropriate form, electronic if necessary, completed in full and signed by the customer, who will receive a copy. The reservation agreement is considered complete, with consequent conclusion of the contract, only when the organizer sends confirmation to the customer, even through system telematico.Le information about the package not contained in the contractual documents, brochures or in other means of written communication will be provided by the organizer in fulfillment of the obligations at its own expense in good time before the trip.
The price of the package is determined in the contract, with reference to what is stated in the catalog or program added subsequently. It may be changed up to 20 days prior to departure and only as a result of changes in:
Costs for transportation, including the cost of fuel; -Rights and taxes on certain types of tourist services such as taxes, landing fees, landing or boarding in ports and airports; -tassi exchange applied to the package in question.
For these changes we will refer to the exchange rates and to the costs mentioned above in effect on the date of publication of the program as stated in the catalog or on the date of any updates above. Fluctuations will affect on the package price of the tourist package in the percentage expressly indicated in the catalog or program out of print.
- CHANGE OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
In the event that, prior to departure, the organizer notifies in writing its inability to provide one or more of the services covered by the package, proposing an alternative solution the consumer may exercise the right to reacquire the sum already paid or enjoy the offer of a tour package proposed replacement (within the meaning of the 2nd and 3rd paragraph of Article 7). The consumer may exercise the rights provided even when the cancellation depends on the failure to reach the minimum number of participants in the catalog or program out of print, or in cases of force majeure and unforeseeable circumstances, relating to the tourist package purchased. For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as those for other non-acceptance by the consumer of the alternative tourist package offered the canceling organizer will reimburse the consumer double of what was paid and collected by the organizer, through the travel agent or using IT systems.
The refunded sum will never exceed double the amount which the consumer would be liable on the same date in accordance with art. 7. 4th paragraph if he had to cancel.
- WITHDRAWAL OF THE CONSUMER
1) The consumer may cancel the contract, without paying penalties in the following cases:
-within 10 days from the acceptance of the contract
-increase of the price referred to in art. 4, in excess of 10%;
-Change significantly one or more elements of the contract as fundamental for the fruition of the package as a whole and proposed by the organizer after the conclusion of the same contract but before departure and not accepted by the consumer.
In the cases above, the consumer has the right:
-to take advantage of an alternative tourist package, without extra cost or with the return of money, if the second package has a value lower than the first;
-to the refund of the amount already paid. This refund must be made within seven working days of receipt of the refund request. The consumer must communicate his decision (to accept the change or withdraw) no later than five calendar day from the moment he received the notice of increase or change. In the absence of express notice within such period, the proposal formulated by the organizer is considered accepted.
2) If the consumer withdraws from the contract before the departure outside the assumptions listed in the first paragraph, will be charged in addition to the individual cost of management practice, the penalty in the amount:
A / Travel and individuals – Airline IT equipment:
25% + registration fee up to 45 days before departure;
50% + registration fee up to 30 days before departure;
75% + registration fee up to 15 days before departure;
No refund after such terms.
b / -E European Charter Airline Group – Group by other means:
25% of the fee up to 60 days before departure;
50% of the fee up to 30 days before departure;
100% of the fee from 10 days before departure;
In case of organized groups such penalties may be agreed from time to time the signing of the contract.
- CHANGES AFTER DEPARTURE
The organizer, if after the departure is unable to provide for any reason, except for a fact attributable to the consumer, an essential part of the services included in the contract, will provide alternative solutions, at no extra cost to the contractor and if the services provided are of lower value than those stipulated repay an amount equal to such difference.
If it is not possible to make such arrangements, or the solution offered by the organizer is refused by the consumer for serious and justified reasons, the organizer will provide without additional charge, a means of transport equivalent to that originally planned to return to the starting point or at any other agreed place, according to the availability of the means and places available and will compensate for the difference between the cost of benefits provided and the services performed up to the time of anticipated return.
A customer may be substituted by another person provided that:
- a) The organization is informed in writing at least 4 working days before the date fixed for the departure, receiving information about the identity of the transferee;
- b) The substitute satisfies all the conditions for the use of the service and in particular the requirements for passports, visas, health certificates;
- c) The same services or other services in place can be provided as a result of replacement
- d) The transferee must reimburse the all expenses incurred for the replacement to the extent that will be quantified before the transfer. The transferor and the transferee are also jointly and severally liable for payment of the balance due and the amounts referred to in subparagraph d) of this article. In relation to certain types of services, it can happen that a third service provider does not accept the change of name of the assignee, even if made within the period referred to in paragraph a). The organizer will not be responsible for any rejection of the amendment by the third party service providers. Such failure will be promptly notified by the organizer to the parties concerned before departure.
- OBLIGATIONS OF CONSUMERS
Consumers should be provided with an individual passport or other document valid for all countries to be visited, as well as the tourist and transit visas and health certificates that may be required. They must also observe the rules of normal prudence and diligence and to those specifications in force in the countries of destination, to all the information provided by the organizer, as well as regulations and administrative or legislative provisions to the package.
Consumers will be liable for all damages that the organizer may suffer because of their failure to fulfill the above obligations. The consumer must provide the organizer with all documents, information and evidence in its possession relevant to the exercise of the right of subrogation against third parties responsible for the damage and is responsible to the organizer of the injury caused to the right of subrogation.
Consumers will inform the organizer in writing, at the time of booking, special personal requests that may be the subject of specific agreements regarding travel, provided that it is possible to implement.
Consumers are increasingly required to inform the organizer of any needs or special conditions (pregnancy, food allergies, disabilities, etc.) And specify the demand for personalized services.
- HOTEL CLASSIFICATION
The official classification of hotels is provided in the catalog or other informative material based on the explicit and formal indications of the competent authorities of the country where the service is provided. In absence of official classifications recognized by the competent public authorities of the countries members of the EU where the service is provided, the organizer reserves the right to provide in the catalog or brochure’s description of the accommodation, such as to permit an evaluation and subsequent acceptance of the same part of the consumer.
- SYSTEM OF LIABILITY
The organizer is liable for damages caused to the consumer due to total or partial performance of the contract, whether these are performed by him or by third party service providers, unless he proves that the event was caused by consumer (including initiatives taken by himself during the execution of tourist services) or by circumstances not connected with the provision of services under the contract, by accident, force majeure, or by circumstances that the organizer could not , according to professional diligence, reasonably foresee or solve.
The seller who was the reservation of the package is not liable under any circumstances for the obligations arising from travel, but it is responsible for the obligations arising from his role as intermediary and the limits for such responsibility by the rules in force matter.
- COMPENSATION LIMITS
Damages are permitted in accordance with Article 13 of the International Convention on Travel Contracts (CCV) signed in Brussels on 23 April 1970.
- OBLIGATION OF ASSISTANCE
The organizer is required to lend assistance to the consumer imposed by the criterion of professional diligence exclusively with reference to its obligations, is required by law or contract. The organizer and the seller are exempt from their responsibilities (article 10 and 11), when the failure or improper performance of the contract is attributable to the consumer or dispesa by the fact of a third to unforeseeable or unavoidable, or by an accident or force majeure.
- CLAIMS AND COMPLAINTS
Any failure in the contract must be contested by the consumer without delay so that the organizer, its local representative or the guide may immediately remedy. The consumer can also make a complaint by sending a registered letter with acknowledgment of receipt, to the organization or to the seller no later than ten working days of the date of return to the starting point.
This brochure is issued under the sole responsibility Tourist Operator. It is not issued on behalf of the Airlines in it mentioned or Airlines, whose services are used during the trip, nor committed.
The undersigned ………………………………………… ….., ……………………… tax code, date of birth ……….. …………., telephone ……………………, address ……… ………………………………………….. ……….., in the name and on their own, as well as in the name and on behalf of the persons listed below ……………………………………………………………………………………………………………………………………………………………………….dichiara:
– You have received all the information in writing in art. 37 paragraph 1 of the Tourism Code and commit to verify the news before departure;
– To be aware of the official information of a general nature – including those relating to the security situation, including health care – provided by the Ministry of Foreign Affairs through the site
www.viaggiaresicuri.it Telefonica and the helpline number 06 491115;
– To be aware that the information referred to in Article 37, paragraph 2 of the Code of Tourism will be provided before the trip;
– You have received a copy and have read the catalog or program out of print or customized trip on the package or service offered;
– To know and accept the general conditions, the leaflet and the penalties listed in the catalog, brochures, brochure, website organizer program to catalog or on trip
– To recognize that the contract will be concluded as a result of the acceptance by the organizer of this proposal
Customer’s signature, stamp and signature A-TRIP2RO SRL-D.