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Terms and condition of use

Terms and conditions of use
Contract between the User and Happy Tour
Contract between the user (User, you) and Happy Tour (Happy Tour, us). Please read these contractual terms and conditions (Terms & Conditions) carefully before using the Happy Tour website (Site).

Site
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)
Please note that all correspondence concerning Customer Service should be sent to this address.

Acceptance of Terms & Conditions
By using this Site you agree to these Terms & Conditions in full, without any other restrictions. If you do not agree to any of the above, you may not use this Site in any way.

Happy Tour Services
Happy Tour provides you with an automated system that allows you to search and check availability for different tourist services and allows you to make the desired reservation.
You can choose from a variety of services on the Site with the ability to book flights, cars or hotels directly from the Site, as well as pay for these services through the ePayment online payment system.

Happy Tour acts as Agent
Happy Tour acts as an agent for third party suppliers such as airlines, hotels, car rental companies, others (Tourism Service Providers).
Happy Tour assumes no responsibility for the tourism products and services offered by the Tourism Service Providers and does not guarantee in any way (either explicitly or implicitly) the accuracy or quality of the products and services reflected on this Site.
Information published on the Site
Happy Tour offers through the Site general information for advisory purposes. Please note that the information published on the Site is subject to change at any time. It is necessary to check with the Tourist Service Provider, embassy or tourist office at the destination, that the information appearing on the Site is up to date.
Happy Tour does not provide any guarantee regarding the arrangements of travel documents (passports, visas, necessary vaccinations), that the information on the Site is up-to-date. As a result, it is the User's responsibility to ensure that he/she travels in accordance with the measures applicable to these travel documents.
Happy Tour does not warrant that the information on the Site (including, but not limited to, rates, descriptions or data) may not contain errors or omissions, but we will make every effort to correct (correctable) errors as soon as they are brought to our attention.
Conditions for Tourism Service Providers
Any booking made on the Site will be deemed to be your intention to purchase a particular tourism product or service from the Tourism Service Provider. If your request is accepted, you will receive a confirmation e-mail from Happy Tour and this contract will come into force. All tourist services published on the Site are subject to the availability of the Tourist Service Providers. The terms and conditions of the Travel Service Provider (including the rules of carriage of passengers imposed by airlines) will apply in addition to the Terms and Conditions of this Site.
The Terms of Tour Service Providers may include provisions relating to various payment procedures, obligations, cancellations, changes to bookings and refunds (if applicable) or other restrictions. Some airlines may impose additional charges such as the Transit-without-visa fee. Happy Tour is not responsible for any costs that may arise when transferring from one airport/terminal to another. Also some hotels may collect different local taxes.
If you use the "Special Requests" option, Happy Tour does not guarantee the confirmation of these requests, but will send them to the Travel Service Provider. It is your responsibility to reconfirm directly with the Travel Service Provider whether these special services can be fulfilled.
As you browse the Site, you may notice references to various conditions applicable to special offers. Please read these terms carefully but please contact Happy Tour for full details.
When booking a flight, you have the option to enter your loyalty card details if you are already enrolled in such an airline programme. Please note that these frequent flyer programmes are subject to the terms and conditions imposed by the airline with which you are enrolled. According to these rules, the rewards obtained from these programmes do not apply to all fares or the class of service in which you will travel. For more details please contact the company you are registered with.
You are directly responsible for complying with the conditions imposed by the Travel Service Provider regarding boarding times, flight reconfirmation or any other rules. Please note that the minimum boarding time (before departure) recommended by the airlines is 120 minutes for international flights and 90 minutes for domestic flights. Some airlines require you to reconfirm your flight at least 72 hours before departure. Failure to do so may result in the cancellation of your flight reservation. Airline ticket coupons must be used in consecutive order. In case of non-observance of this provision, the airline reserves the right to cancel the ticket in question.
Cancellations/Changes
If you wish to cancel or modify the booked or purchased service (and the Tour Service Provider allows this), it is your responsibility to inform Happy Tour in writing or by phone about your intentions. In some cases you may not be able to cancel/change certain tourist services or you may have to comply with certain requirements for these actions.
Happy Tour or the Tourism Service Provider accepts all forms of written requests. Happy Tour or the Tour Service Provider cannot cancel/change the tour service before receiving your firm request. You may cancel your booking through the Site in accordance with the terms and conditions of the Tour Service Provider.
In the event of a change to a booking (including, but not limited to, cancellations, refunds, name changes), Happy Tour reserves the right to apply certain fees to cover administrative costs that may result from this action. These fees differ from the fees imposed directly by the Tour Service Provider.
Silver
We do not accept any other methods of payment other than those presented on the Site and we do not assume any responsibility for money sent by courier.
Depending on the terms and conditions imposed by the hotels, at the time of booking you may be required to pay in full or in part for the service booked, and payment will be made to the account of Happy Tour, the hotel or its representative.
In some cases, your credit card details may be transferred to the Travel Service Provider. The relevant Supplier will take payment for your booking.
Hotel payments are made in accordance with the above paragraph.
Happy Tour or the Travel Service Provider assumes no obligation to issue tickets, vouchers or other travel documents in the event of non-payment in full for the services ordered. In any case, you are responsible for the payment of the amounts related to the tourist services ordered.
Payment can be made with the main credit cards recognized and detailed on the Site.
Happy Tour or the Tour Service Provider reserves the right to additionally charge any fees (or commissions) that may arise at the time of credit card bookings. In this case you will be informed of the applicable fees. Happy Tour reserves the right to pass on the costs generated by charge back penalties. If your booking is paid for with another person's credit card, we reserve the right to request written authorisation from that person.
If requested by your credit card issuer, Happy Tour or the Travel Service Provider reserves the right to send tickets, vouchers or other travel documents to your address stated at the time of credit card issuance. Incorrect information about this address may result in cancellation of the booking, delay in delivery of the travel documents and may result in an increase of the confirmed fare. Please make sure that the details of your billing address match those on your statement.
In addition, in order to minimize the effects of attempted fraud on your credit card, before issuing your travel documents, we reserve the right to perform - via the ePayment online payment processor - random checks, to ask for proof of your address and a copy of your credit card, as well as a recent bank statement.
All rates and fees may fluctuate due to changes in exchange rates.
Using the Site 
Happy Tour is not responsible for the User's ability to access or use the Site or for failures resulting from a lack of such ability.
Happy Tour does not warrant that the Site may not be affected by viruses or other actions that may cause failures or other losses.
User obligations
You agree to comply with the following obligations including (without limitation):
- financial responsibility for all transactions made on your account or in your name.
- you are over 18 years of age and have the legal capacity to take legal action
- guaranteeing the veracity of the data provided about you or your family members.
- not to use the Site for speculative purposes or to generate false or fraudulent references.
- prohibiting the transmission of political, pornographic, racist or other material which contravenes the law
- the obligation not to alter, copy, transmit, distribute, sell, display, license or reproduce the content of the Site except for personal and non-commercial use of a single copy of the information contained on the Site.
Prohibition of access to the Site
Happy Tour reserves the right to deny you access to the Site at any time without prior notice.
Happy Tour Responsibility
Happy Tour is not liable for indirect losses resulting from the provisions of this contract, from the misuse of the Site or the tourist services booked and purchased on the Site.
Happy Tour is only responsible for direct losses whose value will not exceed the total price of the purchased tourist services (except in cases of death or personal accidents whose value has no limit).
Links to other Sites
This Site may contain links to other websites external to and operated by other parties.
Happy Tour has no control or association with these websites and assumes no responsibility for the accuracy, integrity or quality of these websites of the parties involved.
The content of these external web pages does not reflect the products, services or information provided by Happy Tour. Any opinions regarding the content of these external web pages should be directed to the administrators of the pages in question.
Force Majeure 
Happy Tour is not responsible in case of force majeure events. Major events include, but are not limited to, government intervention, war, kidnapping, fire, flood, accident, storm, strike, terrorist attack or industrial action that may affect Happy Tour or its suppliers.
Exchange rate
The exchange rates quoted on the Site are derived from several sources and may not always be updated daily. It is mandatory to check the exchange rates on the day of booking.
Changes to the Site
Happy Tour may change the design or content of the Site, including the availability of tour providers, the database, and other features of the Site.
Copyright and Trademark
Copyright, ownership rights and content of the Site belong to Happy Tour. The material contained on the Site is the property of Happy Tour or its affiliates, unless they are acknowledged as belonging to other parties, in which case you can report this to office@happytour.ro.
The Happy Tour name and other trademarks, logos or graphics contained on the Site (Happy Tour name and Happy Tour logo - trademark number 109311, Happysor name and logo - trademark number 125754) are registered trademarks of Happy Tour or its affiliates. Other company, product or service names appearing on the Site may be trademarks of their respective owners.
You have no right or license to use these trademarks.
Privacy
The terms of Happy Tour's privacy policy are set out in these Terms and Conditions.
You consent to the use of your personal information by Happy Tour or its affiliates and other parties in accordance with the terms and for the stated purpose set forth in Happy Tour's Privacy Policy.
Security Policy
Happy Tour uses secure technology to protect your personal information and financial transactions. Happy Tour complies with the security procedures and standards stipulated in the Happy Tour Security Policy.
Online shopping is no longer a novelty. If you choose to pay by credit card, your credit card details are encrypted during the transaction, making it more secure.
Happy Tour uses Secure Socket Layer (SSL) technology through its partner mobilPay, a technology that ensures high security for online credit card purchases.
Changes to the Terms and Conditions
Happy Tour reserves the right to modify or update the Terms and Conditions relating to the use of this Site at any time without prior notice to Users. The current version of the Terms and Conditions will be displayed on the Site from the date on which the modifications come into force. Your continued use of this Site following the posting of such changes will constitute your acceptance of such changes.
Governance law
These Terms and Conditions represent the contract between the User and Happy Tour and are governed by the laws of Romania.
GENERAL BOOKING CONDITIONS - SALE OF TICKETS BY HAPPY TOUR AGENCY
1. SEAT RESERVATIONS
1.1. Seat reservations for flights are made using international computerized reservation systems, which allow the agency to access the airline's database and actually reserve seats for a specific flight for potential passengers.
1.2. Reservations are free of charge and must be made before the departure date.
1.3. Once the reservation is made, the passenger will receive from the agency information regarding the price of the flight (valid on the date of the reservation, including airport taxes, fuel taxes, Happy Tour's service charges), as well as information regarding the conditions, restrictions and rules applicable to the air ticket that can be purchased on the basis of the reservation.
1.4. All conditions, rules and restrictions applicable to an air ticket are those dictated by the airline, Happy Tour's service charge policy, and other factors (e.g. visa requirements) beyond the agency's control. These rules, as well as the price of the air ticket, can be modified, by the will of those who have imposed them, until the moment of the actual purchase of the ticket, without the agency being liable in any way.
1. ISSUING AIRLINE TICKETS. PAYMENT METHODS
2.1. The issue and payment of booked tickets shall be made in accordance with the conditions imposed by each airline. Passengers are obliged to inform themselves of the deadline by which their reservation is valid and to present themselves in time to pay for the ticket in order to take possession of it. The deadlines may be changed at any time by the airline, in which case the agency will inform the passenger of the change, but cannot be held liable in any way for any cancellation.
2.2. The contractual relationship between the agency and the passenger arises when the passenger has paid for the ticket and has taken possession of it. Before actually paying for the ticket, the passenger is obliged to inform the agency of all the conditions and restrictions applicable to that ticket and to read these general conditions.
2.3. The passenger can pay the air ticket in LEI, USD, EUR, at the exchange rate used by the agency on that day.
III. AIR TICKET PRICES
3.1. The prices of air tickets marketed through an agency are the result of a complex system of tariff rules, contractual tariffs, tariffs published in centralized reservation systems, special tariffs, Happy Tour's service tariff, etc. Under these conditions, each flight requires the specialized agent to calculate the price applicable to the air ticket in question. The same flight, with the same company, can generate different prices.
Given the infinite number of prices applicable to air tickets, these, like the rules applicable to them, cannot be displayed or published. Also, the information on the rules, which comes from written or computerised communications by the airline, through centralised reservation systems or directly to the agency, is of a continuous nature, changes may be permanent, which is why they cannot be translated and published in any printed form.
3.2. Sales prices are not necessarily printed on the tickets. There may be significant differences between the price indicated on the air ticket and the price actually charged by the agency, which are the result of the airline's ticketing rules and Happy Tour's service charge policy.
The price of an air ticket becomes firm, together with all the conditions applicable to it, only when it is written on the receipt issued by the agency.
3.3. For the specific activity, the company may apply the following service charge policy, referred to as TSF for short. TSF are non-refundable in case of cancellation or change of ticket.
Public Service Tax Scheme:
A Happy Tour applies a service charge between 0% and 15% of the shopping cart value. In case of voluntary cancellation the service charge is non-refundable.
B Fee change reservation / after issue - per ticket - 25 EUR
C Happy Tour will not charge a service fee for name changes, itinerary changes or ticket cancellation if the ticket was purchased together with the Premium Service Package.
3.4. The air tickets issued by the agency are the property of I.A.T.A. - BSP Romania - as representative of the member airlines, the proceeds of the tickets sold are settled to I.A.T.A. BSP - Romania, for which reason the agency can only be held responsible for the way in which it has determined the price of an airline ticket by this body or by the company for which it issued the ticket.
3.5. The price of any air ticket implies special conditions, rules and restrictions applicable to the journey to which the document specifically refers. The passenger is obliged to inform himself about these rules before buying the ticket. After purchasing the ticket, the passenger is deemed to be aware of all these rules and can no longer claim not to have been informed once he has taken possession of the ticket.
3.6. The airfare usually includes airport taxes, fuel taxes, TSF. There are, however, situations, beyond the agency's control, in which, during the journey, the passenger may be asked to pay other taxes which were not initially charged, in which case the agency cannot be held liable.
1. AIR TICKET
4.1. The air ticket is the document, electronic booklet or agreement on the basis of which the flight is made. The airline ticket is issued by the agency but is the property of the airline for which it was issued.
4.2. The passenger in possession of the purchased ticket is obliged to keep it in good condition and present it for boarding in order to be admitted to the flight. The loss or damage of the flight ticket by the passenger does not entitle him/her to receive a new ticket, the non-operation of the flight for this reason being the sole responsibility of the passenger, without him/her being entitled to claim any compensation from the agency or the company.
4.3. The conditions of the contract and the information on the flight ticket supplement these general conditions. The passenger who has taken possession of the air ticket is deemed to be aware of all this information.
4.4 In the case of air tickets that include a change of airport in the itinerary, airlines offer these flights for sale taking into account the minimum standard connection time between flights set by the airport authorities. The ticket price does not include the cost of transfers between the two airports and no-shows or delays, which are not caused by airline flight delays/cancellations, will be the responsibility of the passenger.
1. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Agency is responsible for the correct issuance of air tickets and for informing the passenger in good faith of the conditions applicable to the air ticket sold.
5.2. Passengers shall be informed by displaying in a visible place in the agency the present general conditions of sale of air tickets and by presenting, at the passenger's express request, the airline's special conditions of carriage applicable to the flight in question, without the passenger's signature certifying that he/she has been informed.
5.3. The passenger is obliged to read these general terms and conditions displayed in the agency before buying the ticket. Once the air ticket has been purchased, it is assumed that the passenger is aware of all the information related to the ticket, and the passenger may not subsequently invoke ignorance of this information and claim compensation from the agency.
5.4. The passenger is obliged to present him/herself at boarding for the flight at least 1 hour and 30 minutes before the departure time in order to be able to complete the necessary formalities.
5.5. The Agency is not liable and cannot be claimed compensation because the passenger did not fly, under the following conditions:
- the passenger did not show up on time for boarding (1 hour and 30 minutes before the departure time indicated on the ticket)
- the passenger is denied boarding due to problems with his/her personal documents (including lack of entry visa for the country of destination, false visa, banned passport, etc.) or in the case of an unjustified refusal by the authorities to allow travel.
- other circumstances or force majeure which the Agency could not foresee or avoid
5.6. The Agency is not responsible for delays or schedule changes of the airline for which the ticket was issued, for the quality of the flight, for overbooking situations or for services related to the flight (e.g. loss of luggage), obligations that fall directly on the company. In such situations, the passenger will apply directly to the carrier, which will compensate the passenger in accordance with international regulations.
5.7. The passenger may cancel the purchased ticket at any time before the departure date. Regardless of the reason for cancellation, the rule implies that the passenger will be charged a penalty of 100% of the ticket value including taxes and FST + 15 EUR FST cancellation fee.
If the company rules allow more advantageous return conditions, the agency will apply these rules, in favour of the passenger, without affecting the retention of the TSF and the cancellation TSF.
If the company rules allow more advantageous return conditions, the agency will apply these rules, in favour of the passenger, without affecting the retention of the TSF and the cancellation TSF.
If at the time of issuing the flight ticket the customer has benefited from a certain discount, in case of a voluntary cancellation request, the agency will deduct this amount from the amount recoverable from the airline.
5.8. The passenger may change the original ticket purchased under the conditions established by the company for which the ticket was issued, in each case. Any change to an airline ticket must be made before the departure of the original flight to be changed. The ticket may not be kept for later use unless it is amended again before the originally scheduled flight. The Agency will apply the TSF for the change according to its commercial policy.
5.9. The Passenger may not use only parts of the flight related to the purchased ticket. Failure of the passenger to appear for the first flight shall be considered as a waiver of the ticket and the provisions of these General Conditions shall apply.
5.10. The passenger may not transfer the air ticket to a third party.
5.11. No-show implies the loss of the flight ticket with a penalty of 100% of the ticket value.
5.12. If the passenger, through no fault of his/her own, uses only part of the flights included in the ticket purchased, he/she shall not be entitled to claim compensation of any kind from the agency or company for which the ticket was issued.
5.13. Passengers must present a travel document (identity card, passport) valid for at least 6 months from the date of departure from the country at the time of boarding.Passengers are obliged to inform the Romanian authorities (Border Police, Ministry of Foreign Affairs, Embassy or Consulate of the country visited) about the travel conditions.The passenger has the obligation to make sure that he/she is in order in terms of all the formalities necessary for the trip (police, customs, health, passport, visa, etc.), the agency having no responsibility towards the passenger in this regard. Refusal to board for one of these reasons is the passenger's sole responsibility, and the passenger cannot claim compensation from the agency.
5.14. The Agency will inform the passenger in good faith of the formalities required for the requested journey, according to the information provided by the computerised reservation system, but cannot be held responsible for the veracity of this information nor can it be held liable for having provided it or not, as the information service is an additional service and is not related to the ticketing service.
5.15. The Agency shall not be liable for any damage or inconvenience caused to the passenger during the flight or due to changes in schedules, flight delays, etc., which are beyond the Agency's control and control.
5.16. Due to the situation created by massive applications for political asylum or illegal stays in Western countries, the authorities of all countries, even in the presence of the entry visa issued by the embassies of the respective countries in Romania, may refuse without explanation to allow the crossing of the border or the boarding of the passenger on the plane. In such situations, no compensation can be claimed from the agency, since the impossibility of transport is due to the act of a third party.
5.17. In case the passenger has his purchased ticket stolen (in case of paper tickets), he can ask the agency to issue a duplicate of the ticket, without paying any additional costs, on the basis of a declaration on his own responsibility and the police documents.
1. COMPLAINTS
6.1. Any complaint regarding the purchased flight ticket shall be made in writing directly to the agency or to the e-mail address office@happytour.ro, within a maximum of 10 working days from the date of the event complained of.
6.2. Complaints not made in writing will not be considered.
6.3. The Agency will forward the complaint to the airline for which the ticket was issued and the decision given belongs to the airline, as owner of the ticket.
The agency will inform the passenger of the company's solution to the complaint in writing within 3 days of receiving the company's reply.
The agency will inform the passenger of the company's solution to the complaint in writing within 3 days of receiving the company's reply.
In case the passenger is not satisfied with the response he/she will address directly to the airline company that operated the flight.
6.4. The passenger will be compensated directly by the airline in all cases in which the airline decides to do so, and the agency is not obliged to mediate such compensation.
6.5. Any complaint shall be made by the passenger in accordance with these general conditions of sale of air tickets.
VII. FINAL PROVISIONS
7.1. These general conditions are made in accordance with and complement the provisions of the WARSAW CONVENTION, to which Romania is a signatory, in accordance with the provisions of Article 11, paragraph 2 of the Romanian Constitution.
7.2. The display of these general conditions in the agency implies the obligation of the passenger to read them. The passenger who has purchased the ticket is deemed to be aware of the contents of these conditions and may not subsequently claim ignorance or lack of information.
7.3. These General Terms and Conditions shall be applicable and enforceable against third parties in all the situations stipulated herein.
7.4. Happy Tour falls under the exceptions of OG 130/2000 art.6. lit. f.
Hotel booking terms and conditions
Happytour.ro reserves the right to modify these terms and conditions at any time. Modifications will come into force as soon as they are published on www.happytour.ro
MAKING / CHANGING / CANCELLING RESERVATIONS
1. Any reservation made online and not cancelled by the cancellation deadline specified in the system is considered FERMA and automatically implies responsibility for payment.
2. All cancellations will be made through the online system or in case of a system malfunction you can contact the happytour.ro reservations and helpdesk department.
3. The deadline for cancellation without penalty is specified at the time of booking online. Exceeding this deadline implies the payment of penalties which are also specified in the booking.
4. In case of no-show, a penalty of minimum one night will be applied (up to a maximum of the entire stay, depending on the hotel's cancellation policy).
5. Requests for refunds due to non-use of all or part of the tourist services must be accompanied by a written confirmation from the hotel. This confirmation does not guarantee a refund of the unused services. It will only be honoured if the hotel accepts the refund.
6. All reservations will be honored only for the persons in whose name the reservation was made. Name changes are not permitted.
7. In case of fortuitous impossibility to honour the reservation, Happytour.ro reserves the right to replace the hotel or other services initially confirmed with others of similar or higher category, without any other compensation in return or to refund the full amount if it is impossible to offer an alternative.
8. Accommodation is usually between 12.00 and 14.00 local time on the day of arrival as booked. In order to avoid problems at your accommodation, please inform us if you arrive later at the hotel.
9. All hotels published on Happytour.ro require at least one passenger to be 18 years old. If guests are under 25 years old and booking hotels in the US, please contact the hotel directly for clarification.
RATES
1. Happytour.ro does not charge taxes or commissions in addition to the rates displayed online.
2. The meals included in each tariff are specified under 'Meals included'.
3. In some destinations local taxes may be charged and payable directly to the hotel.
4. Some hotels have fluctuating rates that change daily. Rates are not guaranteed unless a confirmed reservation is made. A refund request based on the fact that the sale price was near or above the reception rate is not accepted.
5. The hotel management has the right to ask for credit card details on arrival or a deposit to cover and guarantee any additional costs that may arise during your stay.
TYPES OF ROOMS
1. Room types may depend on the availability of that room type in the hotel and may vary by hotel and/or country in terms of room type categorisation. We try to ensure that the hotel offers the type of room booked, however there may be occasions when instead of a double room a twin room may be allocated or a double room may be allocated instead of a twin room. Please note that most European hotels offer two single beds joined together to form a double bed. While all preferences regarding the type of room desired are sent to the hotel, room allocation is done by the hotel and depends on availability at the time of check-in. A triple room does not guarantee three separate beds. Bed sizes and configurations may differ. This may include a folding bed. A quadruple room is a room for four adults with two, three or four beds. This may also include folding beds. The arrangement of beds may vary considerably.
2. Any additional requests, such as for an upper floor, smoking room, etc. are not guaranteed at the time of booking. It will depend on the hotel's availability on the day of check-in.
3. The star rating of the hotels listed gives a general idea of the quality of the hotel and an approximate level of facilities, services and amenities. However, the specific criteria and requirements applied may differ from country to country. Happytour.ro is not responsible for this variety in terms of hotel classification between countries, room types and hotel information related to these issues. It is the responsibility of the person making the booking to ensure that the type of room booked is appropriate for the number of people travelling.
COMPLAINTS
1.Any complaint must be submitted in writing to the Happy Tour office within 30 days from the date of departure from the hotel.
2.We will not consider complaints that have not been brought to the hotel's attention during the client's stay. Any complaint must be reported on the spot to the hotel.
3.We are not responsible for compensating for any situation that could have been resolved on the spot if the hotel had been informed.
GENERAL TERMS AND CONDITIONS
1. Happytour.ro will not be responsible for any inconveniences or results of unforeseen circumstances such as floods, earthquakes, riots, terrorist acts, governmental acts or change of authority in a country, unfavorable weather conditions or hotel renovations not communicated to us in advance.
2. Differences in climate and energy saving rules in different countries can affect the heating systems in hotels located in that area or country. For example, in Italy the heating system can be operated between 15 November and 15 March due to government regulations.
3. The start and end dates of swimming pool operations can also be affected by weather and climate conditions. Happytour.ro is not responsible for hotel policies related to these aspects.
4. After booking, please check and make sure that all the details in the voucher (such as hotel address, hotel, city and country information) are correct. In this way you will be protected from any inconvenience caused by a system error.
5. The use of the site is only after acceptance of the terms and conditions. If you do not accept these terms and conditions, do not use this site.
CONTRACT for the marketing of 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 53126, valid until 01.11.2020 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 service package/travel service and/or other 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 contractual conditions of travel services, including those purchased at a distance 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 Customer prior to the conclusion of the contract regarding the details of the compensation package shall form an integral part of the contract and may 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 price of the contract is specified in the booking made on the Happy Tours 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 submitted 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 depending on the type of travel package purchased, the type of offers will be listed in the contract or in the annexes related to it, i.e. in the pre-contractual information that is part of the contract.
3.3 Failure by the Passenger to comply with the 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 are subject to 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, in case of 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 the accommodation establishment) or to causes among those mentioned in chap. IV, point 4.4, letter b); c) the cancellation was due to the fault of the passenger. 5.8 The passenger has the right to terminate the contract, in whole or in part, at any time and, if the cancellation 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 price of the travel package contracted.5.9 By way of exception to point 5.8, the traveller shall have the right to terminate the contract for the package of travel services before the performance of the package has begun, without payment of a termination penalty, in the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity which significantly affect the performance of the package or which significantly affect the carriage of passengers to their destination, which circumstances occur after the conclusion of the contract and are proved 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 contract for the package of travel services, in accordance with 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, he/she shall be financially responsible for the cancellation. The Agency shall meet the traveller's requirements to the extent possible, any price differences being borne by the traveller.If the traveller unjustifiably requests a change of hotel, room layout or any of the services, this shall be 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 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 refund of the amounts from the Organizer.5.13 The traveller is obliged to present at the reception of the hotel unit his/her identity documents, as well as the travel document issued by the agency (voucher, rest and/or treatment ticket, etc.), in order to grant the travel services. If the traveller benefits from rest and treatment tickets, he/she is obliged to present at the reception of the hotel unit the referral slip from the family doctor and the proof of payment of the 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 under the strict responsibility of the local provider, are governed by the legislation of the country of destination, and that the Agency has no responsibility for the services in question.5.15 If the traveller is required to fulfil additional formalities (e.g. travelling with minors, situation where the name of the tourist is changed as a result of 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/herself about the additional formalities required for the trip which are not the responsibility of the Agency (e.g. in case of travelling with minors, a power of attorney from the parent or legal representative who is not accompanying him/her, a 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 the boarding details (flight schedule, boarding place, etc.).5.17 If a single person contracts services for a larger number of passengers, the contractual conditions automatically extend to the entire group for which the services have been paid.5.18 The passenger is obliged to use the means of transport, the hotel room and its equipment 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 passenger 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. 5.20 If the traveller who has entered the territory of the country in which the package of travel services is performed refuses to return to Romania and the authorities of that country incur expenses of any kind with him/her, the traveller shall be liable for all such expenses.
1. 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:
1. a) the non-compliance cannot be remedied;
2. (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.:
1. 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;
2. 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 sums 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 him and/or the cost of repatriation:
1. 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 closure of the unexecuted/partially executed package;
2. 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 under Article 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:
1. a) the contract for the marketing of the travel package;
2. b) the confirmations of receipt specified in Article 8.4.2. or 8.4.5. as appropriate;
3. 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;
4. 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.
1. THE CONTRACT DOCUMENTS ARE ANNEXED TO THE CONTRACT AND ARE AS FOLLOWS:
2. a) the voucher, the rest/treatment ticket, the excursion ticket, the order form, if applicable;
3. b) the tourist programme, in the case of tourist actions;
4. c) catalogues/brochures/offers/other documents/etc. of the Organiser made available to the traveller, in printed or electronic format.
5. 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 express 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. To this end, 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 contents 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.
1. 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 passenger 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. 
Personal data protection, Happy Tour SRL personal data controller no. 6416
Happy Tour understands and respects the importance of your personal data. In this section we will explain how we obtain, store and use your data. So please read all the information below to keep up to date with what happens to your data.
Who collects your personal data?
The operator that collects your personal data is Happy Tour, based in Polona 68 Business Center, Reception 2, 4th Floor, 68-72 Polona Street, Sector 1, registered at the Trade Register under no. J 40/23452/1994, C.I.F. ( Vat Number) RO6842431, holder of the tourism license no. 1052/07.07.2015, phone: 021.3070600. Happy Tour srl is registered as a personal data controller with number 6416.
What personal data do we collect?
In order to fulfil the tourist services offered by Happy Tour, Happy Tour will collect personal data necessary to achieve this purpose.
Among the main personal data collected, but not limited to, are: first name, last name, date of birth, home address, e-mail, phone number, personal preferences, photos, personal number code, gender, ID card series and number, loyalty cards, marital status, children's age, children's names, preferences.
The tourist is directly responsible for the accuracy of the data, otherwise Happy Tour will not be able to provide adequate services. If we are provided with personal data of another person, other than the one from whom the request came, the latter is responsible for informing the other parties involved about Happy Tour's data processing policy (e.g. relatives, friends, acquaintances, relations).
How is your personal data collected?
This data is requested in several circumstances, as follows:
-when using the Contact us section of the website
-when you use the CHAT available on the website either online or offline
-when you make a request, reservation or purchase a service on our website or through our Customer Service team: by e-mail, post, fax or telephone.
-when you come to one of our offices in Bucharest, Constanta or Ploiesti to purchase tourist services.
-when you register as a user of our website,
-when you subscribe to the newsletter service or various contests and promotions
-when you agree to participate in the various questionnaires launched by Happy Tour, as operator of the portal www.happytour.ro.
-when you access social media channels. Please note that in these cases the company is not responsible for the personal information specified in this way, as the channel is a public communication channel.
-information received from third parties, i.e. group companies, affiliates, business partners or persons purchasing our services on your behalf
To improve the relationship between Happy Tour Agency and you, we use cookies to collect information about you. Cookies are small files stored temporarily on the visitor's computer (the user of our website) containing information about that user to recognize and facilitate subsequent access to this site. Most internet browsers accept cookies, but you can delete these existing cookies in your browser. You can also make certain settings to block the receipt of cookies in the future.
In order to identify how our visitors access our site, we collect information through these cookies, they provide us with details about the traffic on our site, the most popular offers and also give us the ability to target the visitor with the most relevant information through direct marketing campaigns. No personal (personally identifiable) information is collected during this process. If you wish to opt-out of the use of these cookies please write to us at dataprotection@happytour.ro or view our detailed cookie policy http://happytourgroup.ro/wp-content/uploads/2018/04/Politica-de-cookies.pdf
How do we use your data?
Your data is used for the following purposes:
-to ensure a high standard of service and to help you make the best use of our website resources.
-to finalize the reservations and purchases you have made through our website, this data will be processed only for these purposes, once the service has been consumed, it will be deleted or anonymized after 60 days after the expiration of the offer or 60 days after the completion of the tourist service (the tourist service is considered completed when all actions related to it have ended, including the payments related to it), only data that are subject to the law or data for which an express consent has been taken for their storage in order to improve the communication between the Tourist and Happy Tour will be kept.
-for marketing campaigns, these include newsletters with special/personalised offers sent by e-mail, promotional or personalised messages sent by SMS and reaching the phone number provided by the Tourist at the time of the request. Data subjects can opt out of these marketing campaigns or only be contacted through certain channels, telephone or e-mail. All they have to do is send an e-mail to dataprotection@happytour.ro and they will be contacted within 24 hours with a solution to their request. Unsubscribing can also be done via the last newsletter received from Happy Tour
-opinion surveys conducted to improve the tourist services offered by Happy Tour. Data subjects can opt-in to receive such messages and can also opt-out by simply sending an e-mail to dataprotection@happytour.ro or clicking on the unsubscribe button in the last e-mail received.
-other administrative purposes and internal analysis, such as internal statistics (e.g. what is the average age of Happy Tour travellers)
-in case you contact us for an offer, we will use the information provided to offer you the service you requested (e.g. age, first name, gender, your preference for a special menu, etc.). If the offer is only an informative one, the tourist has the right to ask for the deletion of his/her personal data or to give his/her consent for them to be kept in order to improve the communication between the two parties or to be included in marketing campaigns organized by Happy Tour. In addition, the data is automatically deleted within 60 working days, if the tourist does not give his/her consent to keep it or does not provide us with a response to the request received.
The information you provide will allow us to send you our special offers, provide you with updates about Happy Tour or our partners or any relevant information.
Cateva Example:
-The date of birth is necessary to determine your age. Most airlines offer significant discounts to young or old people, but it is mandatory to state your exact age.
-Your phone number and e-mail address is mandatory when finalizing a flight or holiday booking because we need to have your contact details in case of changes to flights or holiday bookings.
-Credit card details. In the case of reservations with online payment or reservations requiring a credit card guarantee we need to collect this data in order to process the payment or guarantee your reservation.
-Data from identity or civil status documents. The legislation in force obliges us to have a strict control on the identity of people who make payments above a certain level or who request assistance in obtaining a tourist visa. Also, the tourist contract concluded between our company and you must contain these data. In the case of flights to the United States of America or other countries requiring entry visas, we will make sure that you have this right in order to avoid unpleasant situations for you.
-Driving license data. In the case of renting a car or brokering a rental car booking, we are obliged to have your driving licence details to prove that you are entitled to drive a car.
To whom can this information be disclosed?
Your data may be disclosed to our travel service partners (airlines, hotels, rent a car, transfers, etvc) and will only be used for the purpose of processing your booking request. Most of the time, in order to avoid situations where offers lose their validity, we will use the data provided to block bookings so as to eliminate as much as possible the inconvenience created by the expiry of the offer. Happy Tour will try to ensure that its partners have a well-developed data security policy and that they comply with current legislation on personal data. In case this information is not available or the suppliers do not want to provide it, the situation will be communicated to the Tourist and a special approval will be required.
The data will be collected by Happy Tour employees and used to carry out the Tourist's request. Happy Tour staff are trained in the importance of personal data and are also under a strict data usage policy/procedure aimed at fulfilling the request received.
Happy Tour staff is periodically informed about the latest changes in the legislation on personal data, also various information materials are made available to employees in order to test their knowledge of the company's internal procedures.
We will not disclose this data to other third parties, unless these parties are involved in the process of making a reservation or purchase on our website (including our customer service team).
Your data may be disclosed if required by law. We may also disclose your data to third parties or consultants acting on our behalf subject to their obligation to keep your data confidential. All airlines are required by law to disclose passenger reservation information (on flights to the UK, Australia or the United States) to the relevant government agencies prior to arrival in that country. This information is used to ensure the security of the countries concerned.
Information transfer
To fulfil the purposes defined above, we may transfer your information beyond the borders of Romania or the EU, including countries outside Europe. Each country may offer different levels of protection for your information. We will try as far as possible to notify you whenever we transfer your data outside the EU.
The online payment system ensures that no information related to your card is transferred or stored, at any time, on our servers or on the ePayment servers of PAYu or mobilPay partners, this data is directly entered into Visa and MasterCard systems.
How can you change your data?
We have tried our best to facilitate the changes you intend to make once you have filled in certain information about yourself. Whenever you log in with your personal details, you will see a link called "Users" which allows you to edit or delete your details. According to the European Union Regulation 2016/679 you have the right to modify or delete part or all of the data recorded. If you would like to find out any other information about the data we hold please email us at dataprotection@happytour.ro.
Your rights regarding your personal data:
-you have the right to access your data and receive information about their use
-you have the right to request correction and/or completion of the information (right to rectification)
-you have the right to request deletion of data (right to be forgotten)
-you have the right to restrict the use of your data
-you have the right to receive data in a portable format
-you have the right to object to the processing of your data.
-you have the right to withdraw your consent to the processing of your data you have the right to appeal to a supervisory authority
What happens if you do not want to disclose personal data?
The personal data mentioned above are necessary for us to process your reservations. We must mention that it is impossible for us to process bookings that do not contain this mandatory data.
If you do not wish to communicate these personal data to us, you have the right to cancel your reservation at any time.
Traveller profiles
Happy Tour collects information about travelers when a reservation is made through the agency's website or our dedicated travel agents.
This data includes the traveller's name, date of birth, contact details, menu preferences, check-in details, airline loyalty card series and other travel preferences. This information is necessary for the completion of booking or other requirements, as well as for administrative purposes or internal analysis.
As your profile may also include data about third parties, please ensure that any information you fill in about other people (other than yourself) has been provided with their consent for use in accordance with this privacy policy.
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Happytour.ro website uses cookies
For more details about the placement, use and management of cookies used by www.happytour.ro please see our cookie policy available at the same address.
Below you have some information about them, in case you need more, and they are not below, you can contact us at dataprotection@happytour.ro
What are cookies
Cookies are small files that the browser places locally on the user's hard drive. We use cookies to better understand how you use the site, to personalize your experience and to make your next visit more enjoyable.
What cookies do we use?
_ga and _gid collect data in Google Analytics. With their help we find out how you use our website and help us make improvements. The information collected is in an anonymised form PHPSESSID - this is a functional cookie and contains information about the user's session. It is also called "session cookie" and disappears when you close our page.
_atssc, _atuvc, _atuvs - is a cookie related to the AddThis service and keeps track of how many times a page has been served by users
_hjIncludedInSample, hjUserId - are the cookies of our provider Hotjar. They are temporary, session cookies that provide us with anonymised data about your browsing experience on our site.
cookieconsent_status - is the cookie that remembers that you have accepted our privacy and cookie policy so that next time the bottom accept bar does not appear All data collected by the cookie is anonymous and does not link information to a natural/legal person.
How do we use these cookies?
-Website performance and efficiency analysis
-Cookies for geographic targeting. We make sure you only receive offers in your area of interest
-Registration cookies for a smooth functionality of the site
-More effective marketing communication
Personal data and cookies
We do not collect personal information for use using cookies. Cookies store information locally on the user's device, and the information used in analytics, remarketing and targeting is anonymized.
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You can refuse the use of cookies by selecting the appropriate settings on your browser. Please note that if you do this you may not be able to use the full functionality of this site.
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