VI. FINAL DISPOSITIONS
This outline of tour conditions represents part of the terms of transaction stipulated in the foresight of the disposition no. 516/12.04.2005 in concordance with Romania’s Government Decree no 107 / 1999 regarding tourist packages commercialization, approved with modifications and completions by the Law no. 631/2001, with the subsequent modifications.
The contract can be presented as a catalogue or pamphlet or any other document and will have as appendage the tour program and the voucher.
1. Contract for Agent-Organized Tours
1.1 Responsibility rests with the company operating Agent-Organized Tours (hereinafter referred to as Transylvania Live) whose name in full appears below and in its tour pamphlets. Clients joining such tours shall conclude an Agent-Organized Tour Contract (hereinafter referred to as the Travel Contract) with Transylvania Live.
1.2 Transylvania Live – Expert in Transylvania is a tour operator agency with licence no 4726, registered to Romanian Tourism National Authority. Transylvania Live is trademark of Transylvania Live SRL, Turda, Republicii street no. 28, zip code 401167, phone:+40 264313112.Transylvania Live USA: adress: PO BOX 44 Cape May, NJ, 08204; toll-free: 866-376-6183, tel: 315-210-6403, fax: 206-350-6920. Transylvania Live UK: 55 Church Road, Wheatley, Oxford, Oxfordshire, OX33 1LU, United Kingdom, free-line: 0-808-101-6781. Transylvania Live Spain: Carrer Magdalena, no 9, piso 4, Lleida Espana, código postal 25007, toll-free: 900 931 391.
1.3 Transylvania Live shall provide tour arrangements and itinerary management so that the client receives tour services including transport/accommodations (hereinafter referred to as “tour services”) provided by transportation/accommodation operators during the tour itinerary set by Transylvania Live.
1.4 The content and conditions of the contract shall conform to those specified for each tour itinerary, conditions as specified hereunder, the final itinerary handed to clients before departure (hereinafter referred to as the “Final Tour Itinerary”) and Agent-Organized Tours as described in Transylvania Live‘s general terms and conditions as based on the Romanian Law no. 631/2001, with the subsequent modifications.
2. Application for Agent – Organized Travel Contracts and their Conclusion
ALL TRANSYLVANIA LIVE TOURS ARE GUARANTEED TO DEPART FOR A MINIMUM OF 2 PEOPLE.
2.1 The client shall provide on the Transylvania Live application form information as required by Transylvania Live and submit the form together with the necessary reservation deposit. Said deposit shall be applied to the tour fare, cancellation charges or penalties.
2.2 Transylvania Live may accept applications for travel contracts by mail, fax and other means of communication. In such cases, the client shall submit the application form and reservation deposit to Transylvania Live within 3 days counting from the day after acceptance of application is confirmed. If the client fails to supply the required application form and deposit within 3 days, the reservation shall be voided.
2.3 The Travel Contract shall become valid upon Transylvania Live’s consent to the conclusion of the contract and receipt of the reservation deposit. If tour arrangements are made by phone, the Travel Contract shall become valid upon Transylvania Live’s acceptance of the tour deposit as specified in the Article 2. When clients request tour arrangements by mail, facsimile or other communication methods, the Travel Contract shall become valid upon payment of the Tour Deposit and Transylvania Live’s notification of acceptance of the tour contract.
2.4 When applying for group tour arrangements, the tour contract including conclusion and cancellation of the contract shall be exchanged between Transylvania Live and the group representative.
2.5 PAYMENT OF THE RESERVATION DEPOSIT CONSTITUTES CLIENT’S ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN.
3. Special Conditions of Tour Application
Special Requests such as smoking/non-smoking, adjacent or connecting rooms and special dietary needs should be advised at time of booking. Please note that every effort will be made to secure your special request; however, these requests cannot be guaranteed.
4. Contract Document and Final Tour Itinerary
4.1 After the client has entered into a Travel Contract with Transylvania Live as stipulated in Articles 2 & 3 above, the brochures and the tour conditions listed herein shall be included in the Travel Contract, as appendages.
4.2 The scope of travel services for which Transylvania Live is liable in arranging and administering the itinerary, if this is different from the brochure, pamphlet or site, shall be specified in the voucher.
5. Payment of Tour Fare
We require a deposit of 145 EURO per person for a holiday. Final payment is due no later than 60 days prior to departure. If your reservation is made within 60 days of departure, the entire cost of the trip must be paid at the time of confirmation.
6. Prices and Arrangements:
6.1 Quoted program prices include planning, handling and operational charges, and are based on current rates of exchange, tariffs and taxes as of November 2007. Transylvania Live reserves the right to alter tour prices to cover increased land cost received after prices were published, as well as tourist fees or currency fluctuation afferent to the contracted tourist package.
6.2 In such cases, Transylvania Live shall notify the client no later than the 65 day prior to departure. If the increased cost exceeds 10% the tourist is entitled to renounce the tour and have a refund of all money paid or choose another tour from Transylvania Live’s offer. The tourist can act on these data in maximum 5 days after the notification of the altered cost. If after 5 days from the notification of the altered price the tourist doesn’t take a position, Transylvania Live considers the altered cost as being accepted.
6.3 If Transylvania Live specifies that tour fares are dependent on the number of participants and there is a change in the number of the participants due to reasons beyond Transylvania Live‘s responsibility, Transylvania Live shall change the tour fare within the allowable range specified in the tour contract.
10.2 Transylvania Live reserves the right to take necessary measures when safe, smooth tour operation according to the itinerary is deemed impossible. In this case, Transylvania Live must explain in a timely manner its inability to function according to the Travel Contract under the circumstances.
11. Transfer of name
You may transfer your booking to another person, provided they meet all the requirements relating to that tour. More than 5 days before departure, administrative fee of 50 EURO will apply. Note: airlines may impose 100% cancellation charges. Within 5 days we try to do the transfer but there is a chance that name transfers could not be possible.
12. Cancellation of Travel Contract by the Client before departure
12.1 The client is at all time entitled to cancel the Travel Contract, but must pay Transylvania Live a cancellation charge as stipulated below:
89 days or more prior to departure 90 EURO per person / per tour cancellation fee;
88–61 days, loss of deposit.
60–31 days will be subject to 50% of tour price;
30 days or less will be subject to 100% of tour price.
12.2 Cancellation Charges for Extra Services
Additional hotel nights and other extra services booked in connection with Transylvania Live programs are subject to: cancellations received:
31 or more days prior to the service will be refunded in full;
30–15 days in advance will be charged 50% of the price;
14 or less days in advance will be charged 100% of the price.
12.3 When refunding, the bank commissions will be client’s responsibility. Transylvania Live operates refunds by bank transfers.
12.4 All claims for days missed while travelling should be made in writing within 30 days of the termination of the program.
In any of the following cases, the client may cancel the Travel Contract without paying a cancellation charge:
a) when the contents of the Travel Contract have been substantially revised
b) when the tour fare is increased more than 10%
13. Cancellation of Travel Contracts and Tour Operation by Transylvania Livebefore departure
13.1 If the client has not paid the tour fare when due, Transylvania Live reserves the right to cancel the reservation. In such cases, the clients shall pay Transylvania Live the applicable cancellation charges.
13.2 In any of the following cases, Transylvania Live may cancel the Travel Contract and it shall return the full amount of the tour fare (or deposit) received from the client.
|In the event of a natural calamity or disaster, poor weather conditions, civil disturbance, suspension of services related to transportation, accommodations, etc., governmental orders, or other circumstances beyond Transylvania Live control, and when safe, and smooth tour operation according to the itinerary specified in the Travel Contract has become impossible, or there is a valid reason to believe that the tour cannot continue.|
|b)||When the minimum number of participants as stipulated by Transylvania Live in the Travel Contract has not been met. In such cases, Transylvania Liveshall notify the client of tour cancellation 60th day prior to departure.|
13.3 When a tour is cancelled by the
Company, the Client may choose between a full refund of all money paid
or any alternative tour offered by the Company. If the alternative tour
chosen by the Client is of a lower value than that originally booked
then the Client is entitled to a refund of the price difference. If the
alternative tour chosen by the Client is of a higher price than that
originally chosen then the Client must pay the difference.
13.4 In any of the following cases, Transylvania Live may cancel the Travel Contract and without making any refunds
|a)||If Transylvania Live didn’t receive the amount specified for the tour fare, even after the contract has been concluded,|
|b)||When it becomes evident that the client does not meet the requirements of a tour (such as sex, age, qualification, skill) or other requirements specified by Transylvania Live for participation in the tour.|
|c)||When there is evidence that the client threatens to cause other participants embarrassment or inconvenience, or might otherwise interfere with the smooth performance of the collective activities of the tour.|
|d)||When the client is recognized as unfit to join the tour owing to illness or for other reasons.|
|e)||For late arrivals at the airport or departure point, incomplete or inaccurate information, lack of legal papers or border rejection.|
13.5 The Company is not responsible for any incidental expenses that the client may have incurred as a result of the booking such as visas, vaccinations, non-refundable connecting flights or loss of enjoyment, etc.
14. Cancellation after Departure
14.1 Cancellation by client
a) When the client leaves the tour group for personal reasons, Transylvania Livewill consider it a forfeiture of contracted rights and claims to any refund.
b) If certain services cannot be provided as promised in the Travel Contract for reasons beyond client responsibility, relevant portions of the contract may be cancelled, with an appropriate refund deducted from the total tour fare.
14.2 Cancellation by Transylvania Live
Transylvania Live may cancel the Travel Contract for tours after the departure date in the following cases:
a) When the client is unable to continue the tour owing to illness or other factors.
b) When the client seem to disturb the order of collective activities of tour participants by negligence of instruction from tour conductor or violent deeds or menace towards these people or those accompanying them, which otherwise jeopardizes safety, smooth tour operation.
c) When the tour cannot continue owing to natural disaster, weather conditions, civil unrest, labour disputes, suspension of services by transportation or accommodation facilities, governmental orders, or other causes beyond Transylvania Live control.
15. Effect of cancellation and refund
15.1 When Transylvania Live cancels the Travel Contract for tours in accordance with the Provision 14.2 a) and 14.2 b) hereinabove, Transylvania Live shall, at the client’s expense, make necessary arrangements as requested for return to point of departure.
15.2 If Transylvania Live cancels the Travel Contract, in accordance with the Provision 14.2 c) travel services rendered to the client shall be deemed as having been completed, and a refund from the tour fare shall be paid for services not yet rendered. In cases where travel services are not rendered owing to tour cessation, or services for which Transylvania Live has paid, (or will pay) expenses, cancellation charge, penalty, or etc., Transylvania Live will refund only the balance thereof.
16. Claims and Refunds:
16.1 In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform the hotelier, carrier or other supplier in question. Any verbal notification must be put in writing and given to them as soon as possible. If the complaint or problem is not resolved to your satisfaction straight away, you must contact us or your tour guide as soon as possible; please take into account that some hotels do not consider the claims even in written form after checking out. If you remain dissatisfied, however, you must write to us within 7 days of your return from the holiday giving your booking reference and full details of your complaint.
16.2 Refunds are not made for any missed services, except for verifiable extenuating circumstances. For verifiable claims to be considered, they must be received in writing within 7 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the guide of the tour verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Refunds will not be made for unused city tours, meals or any other services missed due to delays in programme or alteration of the programme caused by the client.
16.3 The client shall be required to request a refund at the sales office where the client bought the tour, or using the same means of communication in which the client booked the tour within 28 days of the termination of the tour program. Transylvania Live shall make said refund within the 7th day from the next day of cancellation, when effecting refund before tour departure, and within 30 days counting from the day after the tour ends, as stipulated in the contract in case of reduction or cancellation after tour departure. However, should there be any expenses as cancellation charges, penalties, etc. which Transylvania Live has already paid or will have to pay for services not provided because of tour cancellation, said expenses shall be borne by the client.
16.4 If you are unhappy with the way we dealt with your complaint please call the following free lines: 0800 86 82 82 for the National Authority in Tourism, or 0800 08 09 99 for Consumer Protection.
17. Changes in itineraries:
Accommodations (hotel or vessel) and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond Transylvania Live’s control (Necessary measures to prevent tour participant death or bodily harm, bad weather, inadequate road condition or natural disasters which hinder the tour itinerary, force major). Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued.
18. Itinerary Management
Tour itineraries which specify “to be escorted by English-speaking guide” will provide such accompaniment as a general rule. The English-speaking guide shall ensure the safety of clients and smooth operation of the tour as stipulated in the Travel Contract. By booking with us Client agrees to abide by the authority of the guide so that the tour can unfold safely and smoothly.
19. Liability of Transylvania Liveand Exemptions
19.1 In performing its obligations under the terms of its Tour Contract, should Transylvania Live cause damage to the client through wilful negligence or fault, Transylvania Live shall be liable for such damages.
19.2 Should major changes occur in Travel Contract contents the maximum amount of compensation for changes paid by Transylvania Live under one organized Tour Contract shall be the tour fare multiplied by 15%. This money will not be paid, however, if the total amount is less than 100 EUR. Transylvania Live will make refund to the client within 30 days counting from the day after the tour ends. However, if it is evident that liability occurs owing to said changes, Transylvania Live shall pay the amount not as compensation for changes but as either a portion or total amount of indemnification for damages.
19.3 When the situation warrants, Transylvania Live shall indemnify the client by offering economic benefits equivalent to compensation money, or damage indemnification instead of cash payment, if the client so agrees.
19.4 Transylvania Live is not liable for any negligent or wilful act of any such person or entity or of any third person.
19.5 In addition and without limitation, Transylvania Live is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or major force, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labour activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
20. Liability of Client
20.1 There are certain inherent risks in some of the tours, specially in adventure tours. These include, but are not limited to, risks of horseback riding (for example, unpredictable behaviour by the horses, being spooked, etc.) hiking, downhill or cross country skiing (for example, equipment failures, ice or other trail obstructions), and in all trips inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
20.2 Clients Representations: The Client represents that neither he nor she nor anyone travelling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour.
VI. FINAL DISPOSITIONS
21. Arbitration Agreement: Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the brochure, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration in Commerce Chamber from Cluj Romania, in accordance with the rules of Romania then existent.