Terms of reservation

GENERAL AGREEMENT

1. PARTIES TO AGREEMENT

This Service Agreement for Sale of Travel Services to Business Customer is entered into by and between the following Parties:

1. 1. DETAILS OF CUSTOMER

REPRESENTATIVE OF CUSTOMER

1. 2. DETAILS OF AGENCY

REPRESENTATIVE OF AGENCY

2. DEFINITIONS, REPRESENTATIONS REGARDING ECONOMIC OR PROFESSIONAL ACTIVITIES

2.1. Travel Services are the following services provided to the Customer by the Agency: booking and intermediation of the services of passenger carriage, accommodation, car rental, tour escort, conference services and other travel-related services, intermediation of travel insurance contracts, travel arrangement, etc.

2.2. An Order is a declaration of intention for purchasing a Travel Service sent to the Agency by the Customer.

2.3. An Order Confirmation is an Order that has been confirmed in the manner set forth in the Agreement, and that has been partially or fully paid for, containing an agreement on the sale and purchase of Travel Services which has become binding on the Parties.

2.4. The Customer is the person set out in section 1.1 above that purchases Travel Services only in the course of its economic or professional activities.

2.5. The Agency is the travel company set out in section 1.2 above that provides Travel Services in its economic or professional activities.

2.6. The Party or Parties to the Agreement are, depending on the context, the Agency or the Customer separately or together.

2.7. The Agreement is the Service Agreement for Sale of Travel Services to Business Customer entered into between the Parties, regulating the general terms and conditions of the Parties’ legal relationship related to the potential provision of Travel Services.

2.8. The Customer represents and warrants that all the Travel Services ordered and purchased under this Agreement constitute Travel Services with commercial nature that shall be used in the economic or professional activities of the Customer.

2.9. The Parties represent that they are experts in their respective fields and are fully familiar with the circumstances prevailing in the scope of regulation of this Agreement, and with the related terms and legislation. Considering the foregoing, the Parties do not consider it necessary to describe the technical terms in this Agreement in such detail which already derives from the professional activities of the Parties.

2.10. The Customer is aware of and accepts the international practices of changing and cancellation of Travel Services, whereby the changing and cancellation of Travel Services is usually not allowed after an Order Confirmation becomes binding. The use of Travel Services is generally limited as to the time and place of using the services, vacancies, waiting lists, price, user identity, conveniences, as well as booking, changing and cancellation.

3. STRUCTURE AND GENERAL TERMS AND CONDITIONS OF AGREEMENT

3.1. Under this Agreement the Parties agree upon the general terms and conditions of their legal relationship relating with potential provision of Travel Services. The Agreement does not entail any obligation of the Customer or the Agency to purchase or sell the Travel Services.

3.2. The Parties shall agree on the Travel Services to be provided to the Customer, the exact content, prices, terms and conditions thereof in the Orders and Order Confirmations to be submitted on the basis of this Agreement.

3.3. The conditions of the sale of Travel Services, including but not limited to the conditions of air-tickets, package travel, travel insurance and other Travel Services and the conditions of personal data processing are made available on the website of the Agency adventure-tours.ro. The Parties refrain from appending a printout of said conditions to this Agreement, and shall be guided by the terms and conditions published on the website. In case of any discrepancy between the terms and conditions published on the website and the terms and conditions set out in the Agreement, the terms and conditions of this Agreement shall prevail.

3.4. At the request of the Customer the Agency shall present the options of purchasing the Travel Services, descr112ions of the Travel Services, terms of availability, prices, and options of payment, changing and cancellation. The purchasing options change in real-time, and therefore the presentation of the options shall be construed as a proposal to the Customer to place an Order.

3.5. The Agency shall accept Orders sent to the e-mail of the Agency office@activetravel.ro, online booking system from adventure-tours.ro or by phone +40268321515

3.6. By placing an order the Customer represents to have examined the information and terms and conditions set out in sections 3.3 and 3.4 of the Agreement and to accept the same, and to have disclosed to the Agency all the important preferences and terms related to the purchase and use of the Travel Services, as well as all other circumstances of importance.

3.7. An Order Confirmation issued by the Agency shall become binding on the Customer after the Customer has duly and in a timely manner performed the payment obligation set out in the Order Confirmation. Whereas the Agency shall start formalizing the sale of the Travel Services set out in the Order Confirmation, including the booking and issue of tickets (hereinafter referred to as entry into Agreements) after the Customer has performed the payment obligation, it may occur that the conditions of availability of the Travel Services set out in the Order Confirmation change during the period from the receipt of the payment and entry into the Agreements. Therefore the Parties have agreed that an Order Confirmation shall become binding on the Agency after the Agency has entered into the Agreements for the Travel Services set out in the Order Confirmation. The Agency shall inform the Customer as soon as possible about the entry into the Agreements as well about a situation where the Agreements can not be entered into on the terms and conditions set out in the Order Confirmation. In the latter case the Agency shall inform the Customer about the new options of purchasing the Travel Service, and if the Customer is not interested in purchasing the Travel Services on the changed terms and conditions, the Agency shall return the entire amount paid by the Customer.

3.8. The Agency shall not issue a document certifying the right to use a Travel Service before the payment obligation set out in the Order Confirmation has been fully performed.

3.9. The Parties shall use electronic mail for their mutual communication. Oral communication shall not be binding on the Parties, unless confirmed within 6 hours in a format which can be reproduced in writing.

3.10. The Customer requests that electronic documents as well as Order Confirmations, tickets, invoices, etc be sent to the following e-mail address being used by the Customer on daily basis …………......, and the Customer shall be presumed to have received any electronic documents, if sent to this e-mail address.

3.11. The Agency shall allow the Customer to have the discounts set out in Annex 1 to this Agreement. Other discounts can be applied by agreement, and in such case a discount shall be agreed upon when the purchasing options are presented.

4. TERMS OF PAYMENT

4.1. The Agency shall submit an invoice to the Customer for every Order Confirmation, payable by the due date set out in the invoice. The Agency will be entitled to demand an advance payment for issuing the Order Confirmation. Upon delay in payment of an invoice the Customer shall pay interest on arrears at the rate of 0.05% of the outstanding amount per day.

4.2. Should the Customer not pay an invoice submitted by the Agency on time, the Agency will be entitled to unilaterally cancel the Order Confirmation partially or fully, or suspend the performance thereof.

5. OTHER CONDITIONS

5.1. The Agency will be entitled to unilaterally change the terms and conditions of the Travel Services set out on its website without any prior notification and without issuing a respective notice. An Order Confirmation shall be governed by the terms and conditions valid at the time of the Order Confirmation, and the terms and conditions of the Agreement.

5.2. In performing the contract, the Parties follow the General Data Protection Regulation (GDPR) and the duties and obligations of the joint processors described therein as well as the definitions used and rules established in the GDPR. Each joint controller is liable for the processing of the data that it (or its processor) processes for the purpose of attainment of its goal and neither of the joint controllers is liable for the processing of data that fall within the other joint controller’s area of responsibility and are processed by the other joint controller.

5.3. Upon keeping a register of processing of personal data, the joint controllers record the processing of personal data based on joint control in a manner that allows for immediately and without impediments presenting the data to the other joint controller or to the supervisory authority.

5.4. Upon processing personal data, either joint controller must follow the responsibilities provided for in the GDPR and, for the purpose of securing the contract, is required to apply relevant and technical means to ensure the respective level of security and be able to prove to the other joint controller, data subject and/or supervisory authority the application of measures that correspond to the threat.

5.5. The Parties to the contract inform their employees of the need for a high level of protection of personal data under the contract and ensure that their employees have the right and proper understanding and expertise of processing personal data in accordance with the GDPR. A joint controller is required to immediately inform the other joint controller of each personal data breach.

Where a joint controller needs to conclude a contract delegating authority for the purpose of the lawful processing of personal data, the respective contract must, given the scope of the purpose of the joint controller, establish clear liability based on the GDPR with regard to the processor who acts on the basis of authorisation as well. Either joint controller bears liability for the acts of its processors.

5.6. Before submission of any Order the Customer shall ask the user of the respective Travel Service / passenger for the latter’s personal consent for the processing his or her personal data and for transmitting the data to the Agency and to the providers of the Travel Services. The consents shall cover the whole volume of the ordered Travel Services. With the placement of an Order the Agency shall presume the existence of the consents of the users of the Travel Service / passengers.

5.7. The Customer shall submit any claims that the Customer has the right to submit to the Agency under the Agreement or Order Confirmation either in writing or in a format which can be reproduced in writing to the e-mail address of the representative of the Agency not later than within 10 calendar days after the day when the Customer became aware or should have become aware of the circumstances that provide a basis for submission of a claim. A claim that is submitted after said time limit is deemed as expired and shall not have any legal consequences.

5.8. The Parties shall perform this Agreement in accordance with the laws and regulations of the Republic of Romania.

5.9. This Agreement supersedes all prior sale contracts for Travel Services between the Customer and the Agency, except the Order Confirmations for which the Agency has already issued an invoice.

6. CONFIDENTIALITY

6.1. The Parties shall deem the terms and conditions of this Agreement, information set out in the Orders and Order Confirmations, including the prices and discounts to constitute confidential information. In case of any ambiguity or dispute it shall be presumed that the data and materials contain confidential information.

6.2. The Parties may use the confidential information set out in section 6.1 for the purpose of performing the Agreement, including for forwarding it to their employees and contractual partners, to whom it is necessary to give such information for performance of the Agreement or pursuant to law.

7. ENTRY INTO FORCE AND TERM OF AGREEMENT

7.1. The Agreement shall enter into force as of signing by both Parties and shall be valid for three (3) years.

7.2. A Party can cancel the Agreement ordinarily without indicating a reason before the prescribed time. In case of ordinary cancellation the Agreement shall expire sixty (60) days after the other Party receives the notice of cancellation, whereas the Order Confirmations shall still be performed.

7.3. Extraordinary cancellation of the Agreement shall take place in accordance with the Law of Obligations Act.

7.4. The Agreement has been signed digitally by both Parties.