Contract - Agreement for the marketing of tourist packages
For the marketing of tourist packages
No. ……… dated …………
S.C. SOKA TOUR S.R.L., with headquarters in Bucharest, Piscului street, no. 5, 1st floor, app. 7, 4th district, postal code 040401, registered at the Trade Registry under no. J40/14281/2015, VAT code RO35255759, bank account no. RO77BTRLEURCRT0327720601 (SWIFT Code: BTRLRO22) opened at Transilvania Bank, holder of the tourism license no. 7531, for the agency: Soca Tour represented by Soca Iulian as a manager, hereinafter referred to as the Agency;
And the tourist/representative of the tourist, Mr./Mrs. ………………….with domicile in ……………., telephone no......................., holder of ID card series………………no……………., issued by…………………….on………………….,
Have agreed upon the conclusion of this agreement.
I. Scope of the agreement
1.1. The scope of the agreement is the sale by the Agency of the package of tourist services included in the voucher, holiday voucher, treatment, travel ticket, other document attached to this agreement and issuance of payment and travel documents.
II. Conclusion of the agreement
2.1. The agreement is concluded when the tourist and the representative of the Agency sign it. It is the responsibility of the travel agency to inform the tourist by any means agreed with him in writing (telephone, mail, fax, etc.) if the reservation he has requested has been confirmed. In order to process a service booking, the Agency may require cash in advance of at least 25% of the package price or full payment of the package, depending on when the tourist requests the services.
2.2. If the present agreement is fully available to the tourist in the form of a catalogue, leaflet, other documents, the Agency’s website or other electronic means of communication (e-mail, fax, etc.), the obligation to inform the tourist is considered fulfilled by entering this information into any travel documents or tax documents provided by the Agency, without the need to conclude in writing the agreement for the marketing of tourist packages.
2.3. The agreement shall cease as soon as the actual provision of the package of travel services entered on the travel documents has been completed.
III. Price of agreement and payment methods
3.1. The price of the agreement is stated in the agreement annex, voucher or invoice, and it is made up of the total amount of actual travel services, including VAT.
3.2. Payment methods: Upon the conclusion of the agreement, a cash advance of at least 25% of the fixed price will be charged, and the final payment will be made in cash (in RON or EURO) upon arrival or by bank transfer, approximately one week before the start of the service.
IV. Rights and obligations of the Agency
4.1. In case of alteration of one of the essential provisions of this agreement, such as: the services included in the package, the travel dates, the alteration of the category of the accommodation unit, the Agency has the obligation to inform the tourist in due time, having the right to opt for termination or continuation of the agreement. These changes must be substantiated, showing they have been made, namely: variations of transport costs, tourist taxes, accommodation costs or exchange rates.
4.2. If, after the start of the tourist trip, a significant part of the tourist services provided in the agreement is not carried out or the Agency finds that it will not be able to accomplish it, the Agency is obliged to offer the tourist suitable alternatives for the continuation of the tourist trip without increasing the price, respectively the tourist services offered to be of the same quality and quantity.
4.3. The Agency is responsible for the proper performance of contractual obligations, except the following cases:
a) when the failure or defective performance of the obligations assumed by the agreement is due to the tourist;
b) when the failure of the obligations is due to causes of force majeure or circumstances which neither the Agency nor the service providers could foresee or avoid, including a third party, whether or not related to the provision of the services;
c) the Agency has the obligation to provide the tourist within 7 days but no less than 3 days before the departure date, the departure hours, the guide’s / driver’s contact no., local organizer’s contact no., and a number to call in emergency situations.
V. Rights and obligations of the tourist
5.1. If the tourist cannot participate in the tourist trip, he may assign the agreement to a third person who fulfils all the conditions applicable to the package of contracted tourist services with the obligation to notify the Agency in writing before the departure date;
5.2. In the case of holiday and / or treatment stays in Romania, the tourist has the obligation to communicate the check in and check out program to / from the accommodation and any additional costs generated by not checking out of the accommodation by noon specified by the hotelkeeperfall under the exclusive duty of the tourist.
5.3. The tourist has the right to terminate the agreement at any time, in whole or in part, and if the termination is imputable to him, he is obliged to indemnify the Agency for the damage created according to the provisions of chapter VI, except the cases of force majeure defined by law.
5.4. The tourist will have to present the identity card when arriving at the accommodation. The tourist is aware that the services they purchase without being part of the agreement with the travel agency are strictly responsible to the local provider, the law of the country of destination governs them and the travel agency has no responsibility for the services in question.
5.5. For optimum information, the Agency also recommends consulting the Border Police’s website in order to clarify possible minor issues or travel documents; The Agency is not responsible for any problems encountered.
5.6. The travel agency recommends that tourists contact the agency 24 hours before departure to reconfirm the travel details.
5.7. If one person hires services for a larger number of tourists, the agreement conditions automatically extend to the entire group for which the services have been paid.
5.8. The tourist is obliged to use the means of transportation, the hotel room and the property as a good owner and according to their destination. The Agency is not responsible of any damage caused or injuries suffered by tourists as a result of non-compliance with this paragraph.
5.9. The tourist will collaborate with the guide during the contracted tourism program, being required to meet the arrival times at the meeting points or other organizational aspects. The Agency is not responsible for any costs / problems arising from non-compliance with these organizational aspects.
VI. Renouncement, penalties, damages, complaints and insurance
6.1. If the tourist renounces the package of tourist services, he owes the Agency penalties as follows. Alternatively, the sum will be blocked to be used for future tours. The decision will be made by the agency; 0% of the cash paid in advance (only the reimbursement fee is retained), if renouncement is made more than 30 calendar days before the departure date; 50% of the cash paid in advance, if the renouncement is made within 7 to 30 calendar days before the departure date; 100% of the cash paid in advance, if the renouncement is made less than 7 calendar days prior to departure or by not showing up to the program; in case of parents with children younger than 2 years of age, in the event of child health problems, the cash advance will be refunded, except for the bank transfer fee, regardless of the moment when the package is cancelled.
6.2. The Agency is not liable in case of strikes, political and war conflicts, catastrophes, public dangers, terrorist attacks, international embargo, and airlines setting limitations. All situations that are not imputable to either party are considered to be force majeure and exonerate the Agency from liability.
6.3. If the tourist not satisfied with the tourist services received, he is obliged to make a clear and explicit written notice to the deficiencies found, which will be promptly sent to both the representative of the Agency and the travel service provider. Both the Agency and the travel service provider will act immediately to resolve the complaint.
6.4. The tourist is insured for the amounts paid by him in the event of insolvency or bankruptcy of the Agency, at the Insurance Company which issued the insurance policy which is displayed on the travel agency website www.socatour.ro, in the Contact section.
VII. 7.1. The documents of the agreement are annexed to the agreement and are as follows: tourist program, voucher, order bill, as the case may be.
VIII. Final provisions
8.1. This agreement was concluded in two copies, one for each party. This agreement is carried out in accordance with the provisions of the Government Ordinance no. 107/1999, republished.
8.2. All accommodation units as well as means of transport are classified by the competent authorities of the countries of destination according to local procedures and local norms, where they exist, which differ from one country to another and from one type of destination to another.
8.3. Disputes arising between parties are settled amicably, otherwise the parties agree to address the competent courts.
Tourism Agency Tourist (name and surname)
Legally represented by Signature
* Contract published in accordance with the provisions of Order no. 1387/2015 for the approval of the contract for the marketing of tourist service packages; also published in Romanian on the website http://www.anat.ro/
You can download the contract from here.