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CONTRACT for the marketing of tourist service packages


CONTRACT
for trading travel packages

HAPPY TOUR S.R.L. with headquarters in Bucharest, Polona Business Center, Reception 2, 4th Floor, 68-72 Polona Street, Sector 1, tel. 021 / 307 06 30, fax. 307 06 40, e-mail: office@happytour.ro, registered at the Trade Register under no. J40 / 23452/ 13 Dec. 1994, CIF RO 6842431, bank account opened at Banca Transilvania, Account RON - RO59 BTRL 0440 1202 1411 70XX, Account EUR - RO08 BTRL 0440 4202 1411 70XX with tourism license nr. 1400 / 11.03. 2019, Insurance Policy issued by Omniasig Vienna Insurance Group SA, series I, number 56515, valid until 01.11.2021 on the reimbursement of repatriation expenses and/or amounts paid by the traveller in the event of insolvency of the organising travel agency, posted on the website www.happytour.ro, represented by Mr. Javier Garcia del Valle - Administrator - hereinafter referred to as the ORGANISING AGENCY (AGENCY) 
and the traveller/representative of the traveller,
have agreed upon the conclusion of this contract.
I. SUBJECT MATTER OF THE CONTRACT
1.1 It is the sale by the Agency of the travel package/travel service and/or associated services included in the voucher, holiday ticket, treatment ticket, excursion ticket, other attached to this contract and the issuance of payment and travel documents;
1.2 The characteristics of the travel package are set out in the offer and form an integral part of this contract.
II. CONCLUSION AND DURATION OF THE CONTRACT
2.The contract shall be concluded, as appropriate, in any of the following situations:
2.1 At the time of signature by the Traveller or by acceptance of the pre-contractual conditions of travel services, including those purchased remotely by telephone and/or electronic means.
In the case of travel service packages purchased at a distance, the following contractual conditions are deemed to be accepted:
a) Expression of the Traveller's consent/acceptance by sending an electronic message to the Agency from the e-mail address declared by the Traveller as the correspondence/contact address;
b) Expression of agreement/acceptance by the Traveller's payment of the travel service package on the basis of the invoice issued by the Agency;
2.2 When the traveller receives written confirmation of the booking from the Agency. It is the responsibility of the travel agency to inform the traveller by any means agreed with the traveller (telephone, mail, fax, etc.) if the requested booking is confirmed. For processing a service reservation, the Agency may request an advance of between 20 - 50% of the package price or full payment of the package price, depending on the date on which the traveller requests the services. In the event of non-compliance with the payment terms, the Agency reserves the right to cancel the booking.  If the reservation is not confirmed and the Traveller has paid, partially or in full, the price of the travel services, he/she has the right to an immediate refund of all amounts already paid;
2.3 At the time of issuing the travel documents (voucher, holiday and/or treatment ticket, trip ticket, etc.), including in electronic format, if the travel service packages are part of the travel agency's standard offer or there is already a booking confirmation from other providers.
2.4 If this contract is made available in its entirety to the Traveller in the form of a catalogue, leaflet, other documents, the Agency's website or other means of electronic communication (e-mail, fax, etc.), the obligation to inform the Traveller shall be deemed to have been fulfilled by including this information in any of the travel documents or fiscal documents provided by the Agency, and it shall not be necessary to conclude the framework contract for the marketing of travel packages in writing, i.e. if this contract, presented to the Traveller in the manner provided for above, contains the information referred to in Article 7, paragraph 1. (3) of the Government Ordinance no. 2/2018 on travel packages and related travel services, as well as for the amendment of some normative acts. The photographs presented in the catalogues, special offers, websites, advertising materials are indicative and informative, without affecting the quality and quantity of the services contracted by the traveller.
2.5 Information on the countries in whose territory a state of emergency has been declared or for which the Ministry of Foreign Affairs has issued travel alerts in the form of warnings or advisories is public and can be consulted at http://www.mae.ro/travel-alerts. Therefore, the Traveller agrees to contract the services covered by this contract being informed of these warnings, cautions or alerts.
2.6 The information provided to the Traveller prior to the conclusion of the contract regarding the details of the travel package forms an integral part of the contract and can only be changed by explicit agreement of the contracting parties.
2.7 The contract shall automatically terminate upon completion of the actual provision of the package of tourist services as stated in the travel documents.
III. CONTRACT PRICE AND TERMS OF PAYMENT
Contract price
3.1 The total contract price is stated in the booking made on the Happy Tour website and may include all taxes, commissions, fees and any other costs incurred by the Agency.
It may also be included in catalogues or leaflets made available to the Traveller and in electronic means of communication and/or on the invoice.
3.2 At the conclusion of the contract, the Agency may request payment of an advance on the price of the package purchased, or, if applicable, payment in full, according to the conditions mentioned in the offer transmitted electronically and/or according to the conditions of the offers presented on the Agency's website www.happytour.ro. Payments can be made in EUR /USD/ RON. For payments in RON, they are calculated using the exchange rate of the Agency's commercial bank, Banca Transilvania.
The payment conditions differ according to the type of travel package purchased, the type of offer and will be stated in the contract or in its annexes, i.e. in the pre-contractual information which is an inter-contractual part of this contract.
3.3 Failure by the Passenger to comply with payment deadlines entitles the Agency to terminate the contract without prior notice and to claim compensation for damages.
3.4 Payments can be made directly to the Agency's office, by bank transfer or direct deposit into the Agency's accounts.
3.5 In the case of early booking travel services, the discount is included in the package, and the specified percentage applies only to accommodation services. In this case, any modification of the contract, requested by the traveller, will result in the cancellation of the reservation with penalties and its rebooking at the price and conditions at the time of rebooking. Also, failure to comply with the payment conditions applied to EB bookings will result in a change in the package price according to the standard offer.
3.6 Payment for domestic travel services (with place of performance in Romania) can also be made with holiday vouchers. Payment for travel services shall be made in accordance with the provisions of GEO no. 8/2009, its methodological rules and annexes. If the traveller renounces the travel service package purchased with holiday vouchers, the Agency may offer him/her a travel service package at a higher value than the package initially purchased, from which the related penalties have been deducted, with the payment of the price difference.
3.7 According to GEO no. 8/2009, in case of definitive renunciation of the travel package by the traveller, the Agency cannot refund the traveller the holiday vouchers or their cash value. Holiday vouchers may be returned to the traveller by the Agency, in case of definitive cancellation of the travel package, only if they have not been sent to the issuer of the holiday vouchers according to the legal procedure established by GD no. 215/2009 for the approval of the methodological rules on the granting of holiday vouchers.
3.8 The package of travel services that can be purchased on the basis of holiday vouchers will include accommodation services (minimum and mandatory), public catering, transport, spa treatment, leisure, all taking place on Romanian territory.
3.9 If the traveller wishes to make payment to the agency by bank transfer for the services purchased, all bank charges will be borne by the party initiating the payment, i.e. the traveller.
Methods of payment:
3.10 At the conclusion of the contract, an advance payment of the agreed price may be charged or, if applicable, the full payment of the tour package price according to the conditions presented in the offers on the Happy Tour website.
3.11 If an advance payment has been charged at the conclusion of the contract, the final payment shall be made according to the terms of the offer presented on www.happytour.ro.
3.12 The payment of the external travel services related to the contract may be made in one currency only, in the currency specified in the contract or in RON at the selling rate communicated by Banca Transilvania, on the day of issuing the invoice, in accordance with Article 290 paragraph 2 of the Fiscal Code.
IV. RIGHTS AND OBLIGATIONS OF THE AGENCY
4.1 The Agency is obliged to provide the traveller with an order form, only in the case of requesting travel service packages which are not part of the travel agency's own/standard offer and which require confirmation of the booking from other providers. In the case of requests for travel packages which are part of the travel agency's own offer or, if there is already confirmation of booking from other providers, the travel agency may provide the traveller with an order form, if deemed necessary.
4.2 In the event of a change in one of the essential provisions of the contract (e.g. services included in the package, travel dates, change of accommodation category), the Agency is obliged to inform the traveller in writing without undue delay. The traveller has the possibility to accept the proposed changes or to terminate the contract without paying any termination penalty within the period specified by the Agency.
4.3 The Agency may amend the contract price by increasing or decreasing it, as appropriate, and shall indicate how the increase or decrease in the contract price is calculated, and only if the amendment is due to changes related to:
a) the price of passenger transport resulting from the cost of fuel or other energy sources; 
b) the level of charges or fees applicable to the travel services included in the contract imposed by third parties not directly involved in the execution of the package, including tourist taxes, landing fees or embarkation or disembarkation fees at ports and airports;
(c) the relevant exchange rate for the package.
The prices set out in the contract may not be increased under any circumstances during the 20 calendar days preceding the date of departure. 
4.4 The Agency is responsible for the performance of the travel services included in this contract, regardless of whether these services are to be provided by the organizer or by another travel service provider, except in the following cases:
a) when the non-fulfilment or defective fulfilment of the obligations assumed by the contract is due to the traveller;
b) when the non-fulfilment of the obligations is due to force majeure or to circumstances that neither the Agency nor the service providers could foresee or avoid, including but not limited to: change of airline, timetable or itinerary, delays in the means of transport, breakdown of the means of transport, accident, traffic jams, works or repairs on public roads), non-fulfilment of the minimum group due to last-minute cancellations or failure to obtain visas for all participants. The Agency shall not be liable for damages caused to the passenger as a result of delays (including charter flights), loss of baggage and other circumstances for which the carrier is solely responsible under the specific regulations;
c) when the non-fulfilment of the obligations is due to a third party not connected with the provision of the services provided for in the contract, and the causes of the non-fulfilment of the obligations are unforeseeable and unavoidable.
4.5 The Agency is obliged to provide the traveller in writing or by any electronic means of communication agreed in writing with the traveller (e-mail, fax, sms etc.), at least 3 days before the departure date, with the following information: 
(a) timetables, places of stopovers and connections and, where appropriate, the place to be occupied by the passenger in each of the means of transport included; 
(b) the name, registered office/address, telephone and fax numbers, e-mail addresses of the organiser's and/or retailer's local representative or, failing that, an emergency number where the organiser and/or retailer can be contacted; 
c) for travel by minors unaccompanied by their parents, information enabling parents to establish direct contact with the child or with the person responsible for the child's accommodation; 
d) the obligations of the traveller set out in 5.10, 5.12 and 5.13. 
4.6 The Agency is obliged to provide adequate assistance without undue delay to the traveller in distress in the event of force majeure or an event which neither the organizer nor the supplier or service provider, with all their efforts, could foresee or avoid, in particular by:
a) provision of adequate information on health services, local authorities and consular assistance;
b) assisting the traveller in making long-distance communications and helping them to find alternative travel services. 
The agency has the possibility to charge a reasonable fee for such assistance if the traveller is the one who has caused the difficulty intentionally or by his own negligence. The fee shall in no case exceed the actual costs incurred by the Agency.
4.7 The Agency is obliged to inform the person transferring the contract (the transferor), in accordance with Article 5.1 of this contract, of the actual costs of the transfer.
4.8 When a significant part of the travel services cannot be performed as agreed in this contract, the Agency shall offer, at no additional cost to the traveller, suitable alternative services for the continuation of the package, as far as possible equivalent to or of better quality than those specified in the contract, including when the traveller's return to the place of departure is not assured as agreed. 
4.9 If the proposed alternative services result in a package of lower quality than specified in this contract, the Agency shall grant the traveller an appropriate price reduction. 
The traveller may reject the proposed alternative services only if they are not comparable with what has been agreed in this contract or the price reduction granted is inadequate.
4.10 If it is impossible to provide alternative services or the passenger rejects the proposed alternative services in accordance with Article 4.8 second paragraph of this contract, the passenger is entitled, as appropriate, to a price reduction and/or compensation without terminating the package travel service contract.    
4.11 If the package includes the carriage of passengers, the Agency shall also ensure, in the cases mentioned on pages 4.9 and 4.10 of this contract, the repatriation of the passenger with equivalent transport without undue delay and without additional cost to the passenger.
4.12 Optional excursions are carried out on site with local agencies, who bear full responsibility for the organisation and running of these excursions. The amounts related to the optional excursions are not collected on behalf of and for Happy Tour Agency. The prices of the optional excursions may be higher than those bought at the hotels' reception, as the tourists will have at their disposal means of transport from the hotel to the sights and back, guide, etc. The price of the excursions is generally calculated for groups of about 25 people. If this minimum number is not reached, either the rates may be increased proportionally or the excursion may be cancelled, travellers may choose to purchase the excursion at the hotel reception depending on availability.
4.13 In the case of the purchase of a travel service package including the provision of air transport, the air carrier has the right to change the flight times without the consent of the travel agency operating the travel programme. Therefore, the Organiser is not responsible for the take-off/landing of the aircraft at a time other than the time indicated in the travel programme. For these delays, the airline is obliged to assist passengers in accordance with Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, implemented by Government Decision No 1912/2006. Any problem concerning the operation of the flight and the actions adjacent to it fall within the competence and responsibility of the carrier, the air ticket representing the contract between the passenger and the carrier. In the case of these tourist service packages, the day of departure and the day of arrival are not considered tourist days, as they are intended for transport.
4.14 In the case of the purchase of a cruise product, the cruise line may, for reasons of safety of navigation, change the cabin number and its location on the deck (lower deck, upper deck, further aft or forward, etc.), only with a cabin of the same category as the one originally booked, in which case the passenger will not be compensated in any way, given that it is the same type of cabin as the one booked.
V. RIGHTS AND OBLIGATIONS OF THE TRAVELLER
5.1 If the traveller is unable to participate in the tourist trip, for whatever reason, he/she may assign the contract to a third party who meets all the conditions applicable to the contracted travel package, with the obligation to notify the Agency in writing at least 7 days before the departure date. A contract of assignment shall be concluded between the traveller who cannot participate in the contracted tourist trip (assignor), the third party (assignee) and the Agency (assignee) with regard to the contracted and assigned travel package.
For individual journeys, if the means of transport is by air, the contract can only be assigned if there is the possibility of transferring the place of flight. Also, for journeys requiring special conditions to be met, e.g. obtaining tourist visas, these will be taken into account for the assignment of the contract. The responsibility for concluding the contract of assignment lies with the assignor or the assignee, as the case may be, and never with the Organiser (the assigned debtor). The traveller transferring his package of services and the transferee shall be jointly and severally liable for payment of the price of the journey and any additional costs arising from the transfer.
5.2 In the case of rest and/or treatment stays taking place in Romania, the traveller is obliged to respect the following schedule for the provision of services: accommodation is usually provided at 6 p.m. on the day of entry and usually ends at 12 p.m. on the day of departure as indicated on the travel documents (voucher, rest and/or treatment ticket, excursion ticket, etc.). Any additional costs arising from failure to vacate the accommodation by the times specified above are the sole responsibility of the traveller. Depending on the destination, check-in and check-out times may change and are decided by the hotel.
5.3 If the price of the contract is increased by more than 8%, regardless of the reasons for the increase, according to Article 4.3, the traveller may terminate the contract, but is entitled to immediate reimbursement by the Agency of the amounts paid, including commission.
5.4 The traveller is obliged to notify the Agency within the period of time specified after receipt of the notice referred to in Chapter 5.3. IV, point 4.2 concerning the modification of the essential provisions of the contract or in good time before the beginning of the journey, in the case of application of the clauses provided for in Chapter IV, point 4.2. IV, 4.4(b) and (c), its decision to opt for:
a) termination of the contract without payment of penalties; or
b) acceptance of the new conditions of the contract.
5.5 If the traveller decides to participate in the journey on which changes have been made in accordance with chap. IV, 4.2. all changes shall be deemed to have been accepted and the traveller may not claim subsequent compensation for such changes.
5.6 If the traveller terminates the contract under 5.4 or the Agency cancels the tourist trip before the departure date, the traveller is entitled: 
a) to accept at the same price another travel service package of equivalent or higher quality proposed by the Agency; 
b) to accept a lower quality travel package proposed by the Agency, with reimbursement of the price difference, in the sense of reimbursement of the price difference between the two travel packages, at the time of the conclusion of the new service contract; 
c) to be reimbursed all amounts paid under the contract. 
5.7 In all the cases mentioned in 5.6, the traveller shall also be entitled to claim compensation from the Agency, the amount of which may be determined by mutual agreement of the parties or by a court decision, for non-fulfilment of the provisions of the original contract, unless: 
a) the cancellation was made due to non-fulfilment of the minimum number of persons mentioned in the contract and the Organiser has informed the traveller in writing at least:
20 days before the start of the package, for journeys lasting more than six days; 
7 days before the start of the package, for journeys lasting between two and six days; 
48 hours before the start of the package, for journeys lasting less than two days; 
b) the cancellation was due to force majeure (unforeseeable circumstances beyond the control of the person claiming it and whose consequences could not be avoided despite all efforts, not including overbooking, in which case the responsibility lies with the airline or accommodation establishment) or to causes among those mentioned in chap. IV, point 4.4. b); 
c) the cancellation was the fault of the traveller. 
5.8 The passenger has the right to terminate the contract, in whole or in part, at any time, and if the termination is attributable to him, he shall be obliged to compensate the Agency for the damage caused to him, in accordance with the provisions of Chap. VI of this contract. The compensation may amount to the maximum of the price of the contracted travel package.
5.9 By exception to point 5.8, the traveller has the right to terminate the contract for the package of travel services before the beginning of the execution of the package, without paying any termination penalty in case of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and significantly affecting the execution of the package or significantly affecting the carriage of passengers to the destination, circumstances occurring after the conclusion of the contract and proven by documents issued by the Ministry of Foreign Affairs, an opinion issued by the Chamber of Commerce and Industry of Romania or any other means of proof.
5.10 In the event of termination of the package travel contract under the terms of Article 5.9, the traveller shall be entitled to a full refund of any payments made for the package, but shall not be entitled to any additional compensation.
5.11 If the traveller chooses to move to a hotel other than the one originally contracted and paid for, the financial responsibility for the cancellation rests with the traveller. The Agency will meet the traveller's requirements to the extent possible, any differences in price to be borne by the traveller.
In case the traveller requests without justification a change of the hotel, room structure or any of the services, this is equivalent to the termination of the contract, with the application of the penalties provided for in Chap. VI of this contract at that time and the conclusion of a new contract.
5.12 The Traveller is obliged to pay the resort tax, the sanitation tax and other local taxes at the reception of the hotel, without being able to claim compensation or refund of the amounts from the Organizer.
5.13 The traveller is obliged to present at the hotel reception his/her identity documents, as well as the travel document issued by the agency (voucher, rest and/or treatment ticket, etc.), in order to be granted travel services. If the traveller benefits from rest and treatment tickets, he/she is obliged to present at the hotel reception a referral note from the family doctor and the proof of payment of social security contributions, up to date.
5.14 The traveller acknowledges that the services he/she purchases without being part of the contract with the Agency are the strict responsibility of the local service provider, are governed by the law of the country of destination, and that the Agency has no responsibility for the services in question.
5.15 If the traveller has to fulfil additional formalities (e.g. travelling with minors, if the name of the tourist is changed due to marriage/divorce, etc.), he/she is obliged to fulfil all legal requirements. For optimal information, the Agency also recommends consulting the Border Police website. In case the traveller does not comply with the obligation to inform himself about additional formalities required for the trip that are not the responsibility of the Agency (e.g. in case of travel with minors, a power of attorney from the parent or legal representative who is not accompanying him, criminal record, or any other additional documents - the list is illustrative), the Organizer is exonerated from any liability in case the trip cannot be carried out.
5.16 The passenger is obliged to contact the Agency 24 hours before departure to reconfirm boarding details (flight schedule, boarding place, etc.).
5.17 If a single person contracts services for a larger number of travellers, the contractual conditions automatically extend to the entire group for which the services have been paid.
5.18 The traveller is obliged to use the means of transport, the hotel room and the goods in it as a good owner and according to their destination. The Agency shall not be liable for any damage or injury suffered by the passenger as a result of failure to comply with this paragraph.
5.19 The traveller is obliged to respect the place, date and time of departure for both outward and return journeys, as well as the places, dates and times established during the contracted travel programme. All expenses and damages incurred as a result of the passenger's failure to comply with the provisions concerning meeting places and times shall be borne by the passenger.
5.20 If the traveller who has entered the territory of the country in which the travel package is made refuses to return to Romania and the authorities of that country incur expenses of any kind with the traveller, the traveller is obliged to bear all such expenses.
VI. WAIVERS, PENALTIES, COMPENSATION. LIMITATION OF LIABILITY
6.1 In case the traveler cancels the travel service package which is the subject of this contract, he owes the Organizer penalties according to the offer booked on the Happy Tour website; conditions which are taken to the traveler's knowledge at the time of entering the booking data.
6.2 If the traveller who has contracted a travel service package with the Agency and has paid an advance and does not pay the subsequent instalments or the remaining payment within the period specified in the offer, in the order form, in the contract or within the period communicated in writing, the contract shall be deemed to be terminated by operation of law and the Agency shall be entitled to cancel the reservations made for the benefit of the traveller with the retention of the penalties provided for in Article 6.1 of this contract.
6.3 If payment for domestic travel services has been made with or with holiday vouchers, the penalty will first be deducted from the value of the holiday vouchers. If the penalty is higher than the value of the holiday vouchers, the difference exceeding the value of the holiday vouchers will be deducted from the amount paid by other payment instruments. If the value of the holiday vouchers is higher than the amount of the penalty, the difference will not be refunded in vouchers or in cash if the traveller does not want another tourist service.
If the traveller wishes to purchase another tourist service, for a later period, then the difference between the value of the vouchers and the amount of the penalty will be used for this new service. The period in which the traveller can request the new travel service package is a maximum of 2 months from the date of termination of the contract/renewal of the original travel service. If the traveller does not express his/her choice within this period, the Agency cannot offer him/her any further travel package.  
6.4 For rest and/or treatment tickets purchased through trade unions, the Agency will only make refunds on the basis of waiver requests countersigned and stamped by the representative of the trade union.
6.5 If an embassy refuses to grant an entry visa for the package, the traveller will be charged all fees owed by the Agency to the direct service providers and the Agency's own operating expenses.
6.6 The Agency is exonerated from any liability if, after the beginning of the journey, the border guard/border police or other competent authority refuses to grant the traveller the right of exit/transit/entry to the territory of a State, necessary for the performance of the travel services. The traveller will be charged the full cost of the travel package.
6.7 Penalties equivalent to those indicated in point 6.1 shall also apply if the traveller does not arrive on time at the airport or at the place of departure/destination, if he/she is unable to travel because the personal documents required for the journey do not comply with legal regulations or if he/she is unable to leave the territory of the country for other reasons related to his/her person.
6.8 The traveller must submit a written request for cancellation of the travel package to the Agency from which he/she paid for the services. Otherwise, the request for waiver will not be considered.
6.9 The Agency will grant compensation according to the degree of non-fulfilment of the contract obligations.
6.10 The Agency shall not be liable in the event of strikes, political conflicts and war, catastrophes, public danger, terrorist attack, international embargo, as well as in the event that airlines establish liability limits. All these situations which are not attributable to either party are considered as force majeure and exempt the Organiser from liability.
6.11 All the amounts mentioned in paragraphs 6.1, 6.2, 6.5, 6.6 and 6.7 of this contract will be retained by the Agency from the advance or the total price of the travel package paid by the traveller, without the need for the intervention of the courts.
VII. Complaints
7.1 The tourist shall inform the Agency, without undue delay, of any non-conformity he/she discovers during the performance of a travel service included in the travel package contract.
The Agency's contact details for assistance:
Phone: 021 307 06 00
Fax: 021 307 06 40
E-mail: office@happytour.ro

7.2 If any of the travel services are not performed in accordance with the requirements of this contract, the Agency shall remedy the non-compliance, except in one of the following cases:
a) the non-compliance cannot be remedied;
(b) the remedy involves disproportionate costs, taking into account the scale of the non-compliance and the value of the travel services affected.
If the Agency, in accordance with subparagraph 1(a) or (b) of this paragraph, does not remedy the non-conformity, the traveller shall be entitled to a corresponding reduction in fare for any period during which the non-conformity existed, unless the Agency proves that the non-conformity is attributable to the traveller.
7.3 If the non-conformity substantially affects the performance of the package and the Agency has failed to remedy it within a reasonable period set by the traveller, the traveller may terminate this contract without payment of any termination penalties and, where applicable, may request a reduction of the price and/or compensation.
VIII. Insurance
8.1 According to the provisions of OG no. 2/2018 and Order 156/2019 issued by the Ministry of Tourism, the traveller is insured for the reimbursement of the amounts paid by him/her in relation to the travel service packages, in case of insolvency of the organizing travel agency and in relation to the associated travel services, as defined in art. 3 pct. 16 of GC no. 2/2018, to the extent that the Organizer facilitates associated travel services, to the Insurance Company OMNIASIG VIENNA INSURANCE GROUP with registered office in Bucharest str. Aleea Alexandru nr. 51 sector 1, tel. 0214057420, fax 0213114490. The insurance policies concerning the insolvency protection of the organising travel agency are:
- Insurance policy series I no. 53126 on the insolvency protection of the organising travel agency valid until 01.11.2020
All insurance policies are posted on the travel agency's website www.happytour.ro.
8.2 If this contract includes the carriage of passengers, the guarantee provided for in Article 8.1 includes the repatriation of the passengers, regardless of whether the performance of the package is affected by the Agency's insolvency or the passenger is unable to return to the place of departure or to the place agreed by the parties.
8.3 Amount of compensation:
8.3.1 If the journey has not commenced, the amount of compensation shall be equal to the amount actually paid by the passenger under this contract, to the extent that the relevant services are not provided as a result of the Agency's insolvency.
8.3.2 If this contract includes the carriage of passengers and the traveller is unable to return to the place of departure due to the Agency's insolvency, the compensation shall be equal to the value of the travel services not provided to the traveller and paid for by the traveller under this contract, plus the cost of repatriation.
8.3.3 If the traveller has benefited from repatriation in accordance with Article 8.2.:
a) The traveller shall not be entitled to any further compensation from the Insurer in the event of repatriation as a result of the Agency's failure to comply with its contractual obligations towards its partners;
b) The traveller shall be reimbursed for the value of the travel services not provided and paid for by him/her under this contract, without deducting the repatriation expenses incurred by the Insurer in the event of the Agency's insolvency.
8.3.4 The insurer may propose to the traveller an offer of suitable alternative services for the continuation of the package, under the conditions provided for by Order no. 156/2019 issued by the Ministry of Tourism. If the passenger accepts the proposed offer, he/she shall not benefit from any additional compensation.
8.4 Conditions for compensation:
8.4.1 The Traveller shall immediately notify the Insurer by telephone or fax if the Insolvent Agency does not effect repatriation.
8.4.2. If the traveller requests reimbursement from the Agency of the amounts paid and/or the cost of repatriation, he shall send copies of the supporting documents to the Agency by registered letter with acknowledgement of receipt, having the obligation to keep the original supporting documents.
8.4.3. The traveller may apply to the Agency, which is in a state of insolvency, for reimbursement of the sums paid by the traveller and/or the cost of repatriation:
a) within a maximum of 30 days from the date of the Agency's declaration of insolvency, if this occurred after the date of the conclusion of the unexecuted/partially executed package;
b) within 15 working days from the date of the execution of the package if the declaration of insolvency precedes it.
8.4.4. In the event of the Agency's cancellation due to bankruptcy, the traveller shall submit the request for reimbursement of the amounts paid directly to the Insurer within 15 working days from the date of cancellation.
8.4.5. In the situation referred to in para. 8.3.2., the traveller may apply to the Agency for reimbursement of the cost of repatriation by registered letter with acknowledgement of receipt within 15 working days of the date of repatriation.
8.4.6. Within 5 working days from the date of submission of the request according to art. 8.4.3, 8.4.4. or 8.4.5. as the case may be, the Traveller shall notify the Insurer in writing of the request to the Organiser for reimbursement of the amounts paid by the Organiser and/or the cost of repatriation.
8.4.7. Within 15 working days from the date of confirmation of receipt of the notification under Article 8.4.1. or 8.4.4. as the case may be, the traveller shall send to the Insurer, by registered letter with acknowledgement of receipt, the claim for compensation accompanied by supporting documents including at least the following:
a) the contract for the marketing of the travel package;
b) the confirmations of receipt specified in Article 8.4.2. or 8.4.5. as appropriate;
c) copies of documents proving payment for services (e.g. receipts, payment orders), in the case of requests for reimbursement of amounts paid by the passenger;
d) copies of transport and accommodation documents, where applicable, in the case of claims for reimbursement of repatriation costs.
8.4.8 The compensation will be paid within 30 working days from the date of receipt by the Insurer of the supporting documents from the passenger.
8.4.9. If, after payment of the compensation, the Organizer pays the amounts due to the passenger, the Organizer shall refund to the Insurer the compensation received within 30 working days from the date of receipt of the amounts from the Agency.
8.5. Optionally, the traveller has the possibility to take out an insurance contract covering transfer fees or an assistance contract covering repatriation fees in case of accident, illness or death, a luggage insurance contract, a medical insurance contract at destination or a cancellation insurance or other types of travel insurance. The Agency recommends taking out cancellation insurance to cover any cancellation penalties. The traveller can enquire at the travel agency about the cases covered by cancellation insurance, which can be taken out at the travel agency where the traveller purchased the travel package, if the agency offers this type of service.
8.6. The Agency shall not be held responsible for any failure to comply with the obligations stipulated in the insurance policies taken out through the Organizer, as it is only an intermediary between the traveler and the insurer.
IX. THE CONTRACT DOCUMENTS ARE ANNEXED TO THE CONTRACT AND ARE AS FOLLOWS:
a) the voucher, the rest/treatment ticket, the excursion ticket, the order form, if applicable;
b) the tourist programme, in the case of tourist actions;
c) catalogues/brochures/offers/other documents/etc. of the Organiser made available to the traveller, in printed or electronic format.
X. PROCESSING OF PERSONAL DATA
10.1 Personal data processed by HAPPY TOUR SRL.
Processing of personal data is any operation or set of operations that is performed on your personal data.
HAPPY TOUR SRL may process the following personal data: name, surname, telephone number, home address, e-mail address, ID card series and number, passport series and number, CNP, date of birth, children's age, trade union membership, place of work, company name (if applicable), VAT registration number (if applicable).
10.2 Data subjects: travellers/tourists/beneficiaries of travel or tourism services, representatives/empowered persons/contact persons (contractual partners) of companies or public institutions/authorities.
10.3 Purposes of personal data collection.
We process personal data collected under this contract for the following purposes:
Booking, brokering, offering and/or marketing of travel services and/or packages, other tourist services, cultural/sporting or other events, leisure services or business travel, execution of contracts - i.e. in order to fulfil our contractual obligations towards you;
In order to fulfil the legal obligations established for us.
10.4. Recipients of your personal data
HAPPY TOUR SRL will consider all the information collected from you as confidential and will not share it with third parties (except for those natural and/or legal persons involved in the provision of the services booked or purchased by you, respectively HAPPY TOUR SRL business partners, including partners from outside the European Union, if without sharing your data you would not be able to benefit from the services purchased) without your express and prior consent.
We may also provide your personal data to central and local public authorities, judicial authorities, police, prosecutors (within the limits of legal provisions and/or following justified and expressly formulated requests), etc. 
10.5. Duration of processing of personal data
HAPPY TOUR SRL will process your personal data until the completion of the purpose for which they were collected or later, according to the legal obligations established for us.
Subsequently, if you or your legal representative/delegated representative do not exercise your right to object/delete, according to the law, this data will be archived by HAPPY TOUR SRL for the period of time provided in the internal procedures or will be destroyed.
Rights of data subjects. According to the applicable legal provisions, you have the following rights: the right to be informed, the right of access, the right to rectification, the right to erasure of data ("right to be forgotten"), the right to restriction of processing, the right to data portability, the right to object and rights related to automated individual decision-making, including profiling.
You also have the right to lodge a complaint with a supervisory authority and to lodge a judicial appeal. For this purpose, in Romania, the supervisory authority is: www.dataprotection.ro
10.7. Exercising your rights. In order to exercise these rights, you can contact Happy Tour SRL by sending a written request, dated and signed to the address: Mun. Bucharest, Polona Street, 68 - 72, Polona Business Center, Reception 2, 4th Floor, Sector 1, postal code 010505 or by sending an e-mail to dataprotaction@happytour.ro.
10.8 By signing this contract, you confirm that you have read, have been correctly and completely informed, are aware of the content of this document, fully understand it and agree to the processing of your personal data and the personal data of the persons for whom you are booking by Happy Tour SRL.
For details on the processing of personal data by Happy Tour SRL, you can access the website www.happytour.ro Privacy Policy section.
By ticking the box TRAVEL PACKAGE AGREEMENT I confirm that I have read, I have been correctly and fully informed, I am aware of and fully understand my rights regarding the protection of my personal data and the protection of the personal data of the minor.
XI. FINAL PROVISIONS
11.1 This contract has been concluded in two copies, one for each party.
11.2. The marketing of the travel service packages will be made in accordance with the provisions of this contract and in compliance with the provisions of Government Ordinance no. 2/2018 on travel service packages and associated travel services, as well as all other relevant regulations.
11.3. All accommodation and means of transport shall be classified by the competent bodies of the countries of destination according to internal procedures and local regulations where these exist, which differ from country to country and from one type of destination to another.
11.4. The traveller declares that the Agency has fully informed him/her about the conditions for the marketing of travel packages in accordance with the provisions of Government Ordinance no. 2/2018. By signing this contract, or by accepting the travel service packages including those purchased remotely by electronic means, the traveller expresses his/her agreement and acknowledgement of the general conditions of marketing the travel service packages in accordance with the Agency's offer.
11.5. The traveller declares that prior to the conclusion of this contract the Agency has provided him/her with all essential information concerning the contracted services, such as: destination, itinerary, period of travel, number of nights included, means of transport, accommodation units and meal services offered, other services included in the package, minimum number of persons required to perform the travel services, language skills required by the traveller for oral communication, information for persons with reduced mobility, general information on visa and passport arrangements and on health-related formalities in the country of destination, information on the organising/intermediary travel agency, the total price of the package, the payment arrangements, information on the traveller's right to terminate the contract at any time before the start of the package and information on optional or compulsory insurance to cover the costs of termination of the contract by the traveller or the costs of assistance, including repatriation costs, in the event of accident, illness or death, to which he/she expressly agrees.
11.6. In case this contract concerns the sale by the Organizer of a travel service that does NOT constitute a travel service package according to the provisions of O.G. no. 2/2018, art. 5.9, art. 5.10. and Chapter VIII of this contract are not applicable.
11.7. Disputes arising between the parties shall be settled amicably, otherwise the parties agree to apply to the competent courts. 
11.8. The Contract shall be interpreted in accordance with the laws of Romania.