The Framework Contract for the Selling of Tourist Service Packages

No. .......... issued on the date ...............

Please note: this document is part of our contract with you, together with all the other provisions provided on the other pages of our website, eddextravel.com, on each tour/product/service webpage, on our “terms and conditions”, “privacy policy”, “cookie policy”, “about”, “contact” etc. webpages, on our text messages and e-mails and other types of communication between you and us. This contract applies only to tourist service packages – tours/products/services that do include accommodation and/or that last more than 24 hours

The contracting parties:

The company Eddex Travel SRL, with headquarters in 4-6 Luncsoara st., Bloc 63, Sc A, ap. 1, sector 2, Bucharest, Romania, trade register registration number J40/2205/2020, tax registration code 42271935, holder of Tourism License no. 3035, for the Agency: Eddex Travel, represented by Eduard Valentin Caltut, as the legal administrator of the company, hereinafter referred to as the Agency;

And

The tourist/representative of the tourist, Mr/Ms……………………… domiciled in ................, telephone number ............., holder of the ID card/passport no. ..........,

have agreed upon the conclusion of this contract.

I. Object of the contract

1.1. The object of the contract is the sale by the Agency of the package of tourist services included in the voucher, excursion ticket, other document attached to this contract and the issuance of payment and (if needed) travel documents.

II. Conclusion of the contract

2.1. The contract is concluded, as the case may be, in any of the following situations:

a) at the moment of its signing by the tourist or by accepting the contractual conditions of tourist services, including in the case of those purchased remotely by electronic means;

b) when the tourist receives the written confirmation of the reservation from the Agency, no later than 60 calendar days from the date of drawing up the order form. It is the responsibility of the travel agency to inform the tourist by any means agreed in writing with him (phone, email, fax, etc.) if the reservation he requested has been confirmed. To process a service reservation, the Agency may request an advance payment (deposit) of up to ..........% (as specified on the product web page or as we agree) of the package price or the full payment of the package price, depending on the date the tourist requests the services (as specified on the product web page or as we agree).

If the content of the order form does not differ from the content of the tourist trip confirmation and the confirmation was made within 60 calendar days from the date of signing the order form, the tourist who decides to give up the tourist trip owes the Agency penalties according to ch. VI.
If the content of the order form differs from the content of the tourist travel confirmation received in writing from the Agency, or if this confirmation was not made within 60 calendar days from the date of signing the order form, the tourist may consider that the trip was not booked and has the right to the immediate reimbursement of all amounts already paid;

c) at the time of issuing the travel documents (trip ticket, etc.), including in electronic format, if the tourist service packages are part of the standard offer of the travel agency or there is already a reservation confirmation from other providers.

2.2. In the event that this contract is fully made available to the tourist in the form of a catalog, leaflet, other documents, the Agency's website or other means of electronic communication (e-mail, fax, etc.), the obligation to inform the tourist is considered fulfilled by entering this information in any of the travel documents or tax documents provided by the Agency, not being necessary to conclude in writing the contract for the sale of tourist service packages, respectively if the present contract presented to the tourist in the manner provided above contains the information provided for in art. 7 para. (3) from the Government Ordinance no. 2/2018 regarding the activity of selling tourist service packages.

2.3. The contract terminates by law with the completion of the actual provision of the package of tourist services listed in the travel documents.

III. Contract price and payment methods

3.1. The price of the contract is .................... and consists of the cost of actual tourist services, third party commissions/fees (if applicable) and VAT (if applicable). If the price is not specified in this contract, then it is specified in the order form (if any), other travel documents, catalogs, leaflets, other documents made available to the tourist, the Agency's website, other means of electronic communication and/or on the invoice.

3.2. Payment methods:

3.2.1. At the conclusion of the contract, an advance payment (deposit) of .......% (as specified on the product web page or as we agree) of the total price of the package of tourist services is charged, or, as the case may be, the full payment of the total price of the package of tourist services (as specified on the product web page or as we agree). The contract can be considered concluded only after confirming the payment of the deposit or the full payment of the total price of the package of tourist services, in the agency's bank account.

3.2.2. If an advance payment (deposit) was charged at the conclusion of the contract, the final payment (the rest of the total price of the package) will be made as follows:

a) The rest of the price of the package of tourist services will be paid 30 days before the tour date/departure date, and it is non-refundable.

3.3. The payment for tourist services related to the contract can be made in a single currency, in the currency specified in the contract or in RON at the reference rate of the BNR on the day the invoice is issued.

3.4. If the tourist will make the payment to the agency by bank transfer, for the purchased services, all bank costs will be borne by the party initiating the payment, respectively the tourist.

IV. The rights and obligations of the Agency

4.1. The agency undertakes to provide the tourist with an order form, only in the case of requesting tourist service packages that are not part of the travel agency's own/standard offer and that require confirmation of the reservation from other providers. In the case of requesting some tourist service packages that can be found in the travel agency's own offer, or if there is already confirmation of the reservation from other providers, the Agency can provide the tourist with an order form, if it deems necessary.

4.2. If, before the start of the execution of the package of tourist services, the Agency is forced to significantly modify any of the main characteristics of the package, (for example; the services included in the package, the travel dates, the change of the accommodation unit category, the price), as well as the special requirements of the tourist previously accepted by the Agency, the tourist has the possibility, within a period of 3 calendar days, to accept the proposed change or to terminate the contract without paying any termination penalty.

In the cases provided for in point 4.7 lit. b) and c), the information will be given in good time to allow the tourist to decide to start the trip.

4.3. If the package of tourist services has been carried out, no losses / expenses or penalties can be claimed, nor can reimbursement of the price of the package be claimed.

4.4. The Agency is not responsible for booking errors caused by unavoidable and extraordinary circumstances or attributable to the Tourist. In the case of technical / human / computer / IT system etc. errors that may generate the temporary display of wrong rates / prices/ conditions etc. the Agency will immediately notify the Tourist, and he will have to decide whether to renounce the contract without penalties or to accept the contract under the conditions of the corrected rates / price / conditions etc. In case of cancellation of the contract, the Agency will refund the paid amount as soon as possible.

4.5. The agency can change the price of the contract in the sense of increase or decrease, as the case may be, showing at the same time the calculation method of price increases or decreases of the contract and only if the change takes place as a result of variations in transport costs, royalties and taxes related to landing services, disembarkation/embarkation in ports and airports, tourist taxes or exchange rates related to the contracted tourist services package. The prices established in the contract cannot be increased, under any circumstances, during the 20 calendar days preceding the departure date.

4.6. If, after the start of the tourist trip, an important part of the tourist services provided in the contract is not performed or the Agency finds that it will not be able to perform them, it is obliged:

a) to offer the tourist appropriate alternatives in order to continue the tourist trip without increasing the price, respectively the tourist services offered should be of the same quality and quantity;

b) to return to the tourist the amount representing the difference between the paid tourist services and those actually provided during the tourist trip;

c) if appropriate alternatives cannot be offered to the tourist, or he does not accept them for valid reasons, to ensure, without additional costs, the return transport of the tourist to the place of departure or to another place agreed by him and, as the case may be, compensation for the services not provided, without terminating the package of tourist services contract.

4.7. 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 tourist;

b) when the non-fulfillment of obligations is due to force majeure or circumstances that neither the Agency nor the service providers could foresee or avoid, including, but not limited to: changes in the airline, timetable or itinerary, delays in the means of transport, breakdown 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 cancellations or of not obtaining visas for all participants. The agency is not responsible for the damages caused to the tourist as a result of the delays of the flights (including charter), the loss of luggage and other circumstances that are exclusively the responsibility of the carrier based on specific normative acts;

c) when the non-fulfillment of 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 obligations are unpredictable and unavoidable.

4.8. The agency is obliged to provide the tourist in writing or through any electronic means of communication agreed in writing with the tourist (e-mail, sms, etc.), before the departure, the following information:

a) timetables, stops and connections, as well as, as the case may be, the place to be occupied by the tourist in each of the included means of transport;

b) the name, headquarters/address, telephone and fax numbers, e-mail addresses of the local representative of the organizer and/or the retailer or, in their absence, an emergency call number that allows the organizer and/or the retailer to be contacted;

c) for the trips of minors unaccompanied by their parents, information that allows the parents to establish a direct contact with the child or with the person in charge of the place where the child is staying;

d) the tourist's obligations provided for in point 5.10, 5.11 and 5.13.

4.9. The agency party to the contract is obliged to provide prompt assistance to the tourist in difficulty, in case of force majeure or an event that neither the travel agency, nor the supplier or service provider, with all their efforts, could foresee or avoid, in particular by:

(a) providing appropriate information regarding health services, local authorities and consular assistance; and

(b) assisting the tourist in making remote communications and supporting him in finding alternative travel services.

4.10 The agency is not responsible for the services specified in the "not included/ price does not include" section, these being provided by local partners of the Agency or by other providers.

4.11 Our Services are provided to you for private domestic use only. The contract between you and our company, Eddex Travel S.R.L. is a consumer contract. Accordingly, we do not accept any liability for any business loss caused by the unsatisfactory fulfilment of your service/service package order.

V. The rights and obligations of the tourist

5.1. If the tourist cannot participate in the tourist trip regardless of the reasons underlying the impossibility of participation, he can assign the contract to a third party who meets all the conditions applicable to the contracted tourist service package, with the obligation to notify the Agency in writing at least 5 days before the departure date. In this case, between the tourist who cannot participate in the contracted tourist trip (the assignor), the third person (the assignee) and the travel agency (assigned debtor), an assignment contract is to be concluded regarding the package of contracted and assigned tourist services. The responsibility for concluding the assignment contract rests, as the case may be, either with the assignor or the assignee, and never with the travel agency (assigned debtor). The tourist who assigns his package of services, as well as the transferee, are jointly and severally responsible for paying the price of the trip and any additional costs arising on the occasion of this assignment.

5.2. This point is currently not relevant for our business so it does not apply

5.3. If the prices established in the contract are increased by more than 10%, regardless of the reasons for the increase, the tourist can unilaterally terminate/denounce the contract without any obligation to the Agency, having the right to the immediate reimbursement by the Agency of the amounts paid, including the commission.

5.4. The tourist is obliged to communicate to the Agency within 3 calendar days of receiving the notification provided in ch. IV point 4.2 the modification of the essential provisions of the contract or in good time before the start of the trip, and if the clauses provided in ch. IV point 4.7 lit. b) and c), his decision to opt for:

a) unilateral termination/denunciation of the contract without payment of penalties; or

b) accepting the new conditions of the contract.

In the case of no answer within the term mentioned above, it is considered that the tourist has accepted the changes proposed by the Agency and can no longer terminate the contract or request any compensation.

5.5. If the tourist decides to participate in the trip on which changes have been made under the conditions of ch. IV point 4.2 it is considered that all changes have been accepted and the tourist cannot request further compensation due to changes of this type.

5.6. If the tourist unilaterally terminates/denounces the contract pursuant to point 5.4 or the Agency cancels the tourist trip before the departure date, the tourist has the right:

a) to accept at the same price another package of tourist services of equivalent or superior quality, proposed by the Agency;

b) to accept a package of lower quality tourist services proposed by the Agency, with the immediate reimbursement of the price difference, in the sense of the reimbursement of the price difference between the two tourist packages, at the time of concluding the new service contract;

c) to be reimbursed immediately for all amounts paid under the contract.

5.7. In all cases mentioned in point 5.6, the tourist has the right to request compensation from the Agency, the amount of which can be established by mutual agreement of the parties or on the basis of a court decision, for non-fulfillment of the provisions of the initial contract, except in cases where:

a) the cancellation was made due to the failure to meet the minimum number of people mentioned in the contract, and the Agency informed the tourist in writing at least:

(i) 15 days before the start of the departure date of the package, in the case of trips lasting more than six days;

(ii) 5 days before the start of the departure date of the package, in the case of trips lasting between two and six days;

(iii) 48 hours before departure date of the execution of the package, in the case of trips lasting less than two days;

b) the cancellation was due to a case of force majeure (unforeseeable circumstances, independent of the will of the person invoking them and whose consequences could not be avoided despite any efforts made, this not including overbookings, in which case the responsibility rests with the airline or the accommodation unit) or some of the causes provided in chapter. IV point 4.7 lit. b);

c) the cancellation was due to the fault of the tourist.

5.8. The tourist has the right to unilaterally terminate/denounce the contract at any time, in whole or in part, and if the unilateral termination/denouncement is imputable to him, he is obliged to compensate the Agency for the damage caused to it, according to the provisions of ch. VI. The compensation can be up to the maximum price of the contracted tourist service package.

5.9. If the tourist chooses to move to a different hotel than the one initially contracted and paid for, the financial responsibility of the cancellation belongs to him. The agency will solve the tourist's requirements as far as possible, any price differences to be borne by the tourist. If the tourist unreasonably requests a change of the hotel, the structure of the rooms or any of the services, this is equivalent to the unilateral termination/denunciation of the contract, with the application of the penalties provided for in chapter. VI at that time and the conclusion of a new contract.

5.10. The tourist 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 the return of the amounts from the Agency.

5.11. The tourist 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, ticket, etc.), in order to provide tourist services. If the tourist benefits from rest and treatment tickets, he is obliged to present at the reception of the hotel unit a referral from the family doctor and proof of payment of social security contributions, up to date.

5.12. The tourist acknowledges that the services he purchases without being part of the contract with the Agency are under the strict responsibility of the local provider, are governed by the legislation of the country of destination, and the travel agency has no responsibility for the services in question.

5.13. If in order to carry out the trip it is necessary for the tourist to fulfill some additional formalities (for example, traveling with minors, the situation in which the tourist's name is changed as a result of her marriage/divorce, etc.), he has the obligation to fulfill all legal requirements. For optimal information, the Agency also recommends consulting the website of the Border Police. If the tourist does not comply with his obligation to inform himself about the additional formalities necessary to carry out the trip that are not the responsibility of the Agency (for example, in the case of traveling with minors, power of attorney from the parent or legal representative who does not accompany him, criminal record or any other additional documents - the list being exemplary), the Agency is exonerated from any liability in case of the impossibility of carrying out the trip.

5.14. The Agency recommends that tourists contact it 24 hours before departure to reconfirm boarding details (flight schedule, boarding place, etc.).

5.15. If a single person hires services for a larger number of tourists, the contractual conditions automatically extend to the entire group for which the services were paid.

5.16. The tourist 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 tourist as a result of non-compliance with this paragraph.

5.17. The tourist has the obligation to follow the exact place, date and time of departure both on the way out and back, as well as the places, dates and times established during the contracted tourist program. All expenses and damages caused as a result of the tourist's non-compliance with the provisions regarding meeting places and timetables will be borne by him. The Agency is exonerated from any liability in case of the impossibility of carrying out the trip.

5.18. If the tourist who entered the territory of the state where the package of tourist services is carried out refuses to return to Romania and the authorities of the respective country make expenses of any kind with him, the respective tourist has the obligation to bear all these expenses and any other expenses.

VI. Waivers, penalties, compensations

6.1. If the tourist abandons the package of tourist services that is the subject of this contract through his own fault, he owes the Agency penalties as follows:

6.1.1. In the case of any of our packages of tourist services, the penalties are:

a) 100% of the amount paid in advance (deposit) for the package of tourist services that is the subject of this contract, if the cancellation is made after paying this deposit and before paying the difference in price up to the total price of the package of tourist services that is the subject of this contract

b) 100% of the total price paid for the package of tourist services that is the subject of this contract, if the cancellation is made after paying the total price of the package of tourist services that is the subject of this contract

6.1.2 The cancellation/penalty conditions indicated in art. 6.1.1. are standard and apply in all cases, except for those in which the confirmed travel service/package of tourist services has its own cancellation/penalty conditions. In addition to the penalties indicated above, the traveler will also bear any fees (ex: payment fees), if they are not included in the contract price.

6.2. If the tourist who contracted a package of tourist services with the Agency and paid a deposit does not show up within the term specified in the order form or within the term communicated in writing (also via electronic communication – email, sms, etc), to pay the related installments or the remaining payment, the contract is considered terminated by law, and the Agency has the right to cancel the reservations made for the benefit of the tourist with the retention of the penalties provided for in point 6.1.

6.3. The Agency is exonerated from any liability if, after the start of the trip, the border guard service/border police or other competent authority refuses to grant the tourist the right of entry/transit/exit into the territory of a state, necessary for the performance of the travel services/ package of tourist services. In this case, the traveler will be charged the total value of the package of tourist service.

6.4. If an embassy refuses to grant an entry visa for the performance of the service package, the tourist will be withheld all fees owed by the Agency to the direct providers, as well as its own operating expenses.

6.5. Penalties equivalent to those indicated in point 6.1.1 lit. a) b) or c), respectively 6.1.2 also applies if the tourist does not arrive on time at the airport or the place of departure/destination, if he cannot go on the trip because the personal documents required for the trip do not comply with the legal norms or if he is unable to leave the territory of the country, for other reasons related to his person.

6.6. The tourist must submit in writing the request to cancel the package of tourist services to the Agency where he paid for the services. Otherwise, the cancellation request is not considered.

6.7. The agency will grant compensation depending on the degree of non-compliance with the obligations in the contract.

6.8. The agency is not responsible in situations of strikes, political conflicts and war, catastrophes, public danger, terrorist attack, international embargo, as well as in the case of airline companies establishing liability limits. All these situations that are not imputable to any party are considered force majeure situations and exempt the Agency from liability.

6.9. All the amounts mentioned in point 6.1, 6.2, 6.3, 6.4 and 6.5 will be withheld by the Agency from the advance payment (deposit) or the total price of the package of tourist services paid by the tourist, without the need for the intervention of the courts.

VII. Complaints

7.1. If the tourist is dissatisfied with the tourist services received, he has the obligation to make a written report on the spot, clearly and explicitly, regarding the deficiencies found, related to the implementation of the contracted tourist services package, which will be promptly transmitted both to the representative of the Agency and to the provider of tourist services (the management of the hotel, the restaurant, the local representatives of the tour operator).

Contact details of the Agency:

Phone: 0040727320844

Email: contact@eddextravel.com

7.2. Both the Agency and the tourist service provider will act immediately to resolve the complaint. If the notification is not resolved or is partially resolved, the tourist will submit a written complaint to the Agency's headquarters, within a maximum of 5 calendar days from the end of the trip, and the Agency will, within 30 calendar days, notify the tourist of the compensation due to him, as the case may be.

VIII. Insurance

8.1. The tourist is insured for the reimbursement of repatriation expenses and/or the amounts paid by him, in the event of the Agency's insolvency or bankruptcy, at Omniasig Vienna Insurance Group SA Insurance Company, based in Bucharest, 51 Aleea Alexandru st, sector 1, Romania. Insurance policy no. 57235 valid until the date of 10.05.2025, is displayed on the web page of the travel agency here: https://eddextravel.com/about/

8.2. The conditions under which the tourist will be compensated by the insurance company are:

8.2.1. If the Agency does not carry out the repatriation of the tourist, he has the obligation to immediately notify the insurance company by phone, fax or e-mail. In this situation, the insurance company is not obliged to pay the repatriation costs immediately, but to reimburse them after the tourist's return to Romania, under the terms of the insurance policy concluded between the Agency and the insurance company.

8.2.2. If the tourist asks the Agency for the counter value of the sums paid and/or the repatriation expenses, he must send the supporting documents to the Agency by registered letter with confirmation of receipt. The tourist has the obligation to keep photocopies of the relevant supporting documents. The tourist can ask the Agency for reimbursement of the amounts paid and/or repatriation expenses within 15 (fifteen) calendar days from the date of completion of the tourist service package or from the date of repatriation.

8.2.3. The tourist has the obligation to notify the insurance company, by registered letter with confirmation of receipt, in relation to the request addressed to the Agency regarding the reimbursement of the amounts paid and/or the repatriation expenses, within 5 (five) calendar days from the date of the confirmation of receipt provided for in point 8.2.2.

8.2.4. If, within 15 (fifteen) calendar days from the date of confirmation of receipt of supporting documents by the Agency, the tourist has not received the amounts requested from it, the insured event takes place.

8.2.5. Within 10 (ten) calendar days from the date of occurrence of the insured event, the tourist is obliged to submit the claim for compensation accompanied by the supporting documents to the insurance company, by registered letter with confirmation of receipt.

8.2.6. Supporting documents mainly consist of:

a) the contract for the sale of the package of tourist services;

b) receipt confirmations specified in point 8.2.2, 8.2.3 and 8.2.5;

c) photocopies of the advance payment documents (receipts, payment orders, etc.), in the case of requests for reimbursement of amounts paid by the tourist;

d) the photocopies of the transport and accommodation documents, in the case of requests for reimbursement of repatriation expenses.

The insurance company has the right to ask the tourist for other supporting documents.

8.2.7. The compensation cannot exceed the amount paid by the tourist in the contract for the sale of the package of tourist services, nor the amounts necessary for its repatriation, in compliance with the legal provisions in force.

8.2.8. The compensation will be paid within 30 (thirty) calendar days from the date of receipt by the insurance company of the supporting documents from the tourist.

8.2.9. If, after payment of the compensation, the Agency pays the debit to the tourist, he has the obligation to return the received compensation to the insurer, within 5 (five) working days from the date of receipt from the Agency of the amounts representing the debit.

8.2.10. Optionally, the tourist has the possibility of concluding an insurance contract to cover transfer fees, or an assistance contract to cover repatriation fees in case of accidents, illness or death, a luggage insurance contract, an insurance contract for medical services at the destination or a cancellation insurance or other types of travel insurance. The agency recommends taking out cancellation insurance to cover possible cancellation penalties. The tourist can find out in the agencies about the cases covered by the cancellation insurance, this can be concluded in the travel agency where he purchased the package of tourist services, if the Agency offers this type of service.

8.3. The Agency is not guilty of any non-compliance with the obligations stipulated in the insurance policies contracted through the Agency, because it is only an intermediary between the tourist and the insurer.

IX. The contract documents are attached to it and are the following:

a) the voucher, the rest/treatment ticket, the trip ticket, the order form, as the case may be;

b) the tourist program, in the case of tourist actions;

c) catalogues/leaflets/offers/other documents/etc. of the Agency made available to the tourist, in printed or electronic format.

X. Final provisions

10.1. This contract was concluded in two copies, one for each party.

10.2. All accommodation units are class-rated by the competent institutions 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.

10.3. The tourist declares that the Agency has fully informed him about the conditions for the sale of tourist service packages. By signing this contract or by accepting the packages of tourist services, including in the case of those purchased remotely by electronic means, the tourist expresses his agreement and acknowledgment of the general conditions for the sale of packages of tourist services, in accordance with the Tourism Agency’s offer.

10.4. If the object of this contract is the sale by Eddex Travel SRL (the company) of a travel service that does NOT constitute a travel service package according to the provisions of G.O. no. 2/2018, the provisions of this document do not apply, but only the rest of the provisions provided on the pages of the Agency's website, eddextravel.com (other than the page where this document is displayed) apply.

10.5. Disputes arising between the parties are resolved amicably, otherwise the parties agree to address the competent courts.

10.6. The contract will be interpreted according to Romanian laws.

The Agency Tourist

Eddex Travel SRL (name and surname),

Legal representative Signature: ..................

(name and surname),

Signature: ..................