CUSTOMER SERVICE AGREEMENT
Booking Nr: 20220715
Contracting Parties: Helios Travel Agency Ltd legal entity based in Suite 4, Prudential Buildings, 61 St Petersgate, Stockport, SK1 1DH, UK, registered at The Registrar of Companies under section 1115 for England and Wales, hereby certifies that Helios Travel Agency Ltd is incorporated under the Companies Act 2006 as a private company. The company is limited by shares, and the situation of it its registered office is in England and Wales under Company Number no. 12257598 / 2019, phone:+44 7309098977, email:firstname.lastname@example.org, www.heliostravelagency.com, Business Bank Account CASH PLUS, sort code: 08-71-99, account number:00691145, legally represented by Miss Afize Ibram, as a Director and supplier of holiday products (hereinafter referred to as the Tour operator) and :
(Hereinafter referred to as a traveller): The tourist has agreed to conclude this agreement, in the following terms and conditions (hereinafter referred to as “the Agreement”):
The object of the Agreement:
The object of the contract is the sale by the Touroperator of the holiday package travel services which include in the voucher, the holiday ticket attached to this contract, and the assurance of payment documents.
- Price agreement: Total amount of £ VAT included/deducted and represents the cost of actual: services and the Agency’s commission.
- The total amount of this package was paid by:
- III. Rights and obligations of the Agency:
- To provide the consumer with the holiday package services agreed for which he has opted according to this agreement.
- To submit all the diligence for the accomplishment and the object of the present agreement.
- If the Touroperator is required to amend one of the essential provisions of the agreement, for whatever reason, it shall inform the consumer at least 15 days before the date of departure.
- The Touroperator is entitled to change the agreed price, in the sense of increasing or decreasing, as appropriate, only if the change occurs because of variations/changes in transport costs, royalties and taxes related to landing, disembarkation/embarkation services in ports and airports. and tourist taxes, or exchange rates related to the package of contracted consumer services.
- If, after the start of the consumer holiday, a significant part of the consumer services provided for in the agreement is not provided or the Touroperator finds that it will not be able to provide them, it shall:
- a) to offer to the consumer of this holiday package suitable alternatives to continue the travel holiday without increasing the price, respectively the holiday services offered to be of the same quality and quantity.
- b) to refund the consumer the amounts that represent the difference between the paid consumer services and those currently provided during this trip. If the consumer cannot accept the offered suitable alternatives or he does not accept them for good reasons, to ensure without additional costs the refund of the amount paid for this trip.
- The Touroperator shall be responsible for the proper performance of its obligations under the agreement was made, except in the following cases:
- a) when the non-fulfilment or defective fulfilment of the obligations assumed by the contract is due to the consumer
- b) when the non-fulfilment of the obligations is due to causes of force majeure or to circumstances that neither the Touroperator nor the service providers could foresee or avoid (changes of schedule or itinerary, delays in the traffic of means of transport, etc.).
- The Touroperator has the obligation to provide in writing to the consumer within 7 days before the departure date, the following information: a) timetables, stops and connections, as well as the place to be occupied by the consumer in each of the means of transport included in this agreement.
- b) the name, headquarters/address, telephone, and fax numbers of the local representative office of the organizer and/or the retailer or, in its absence, an emergency call number that would allow it to contact the organizer and/or the retailer.
- c) for the travels of minors unaccompanied by their parents, information that allows the parents to establish direct contact with the child or with the person in charge of the place of accommodation of the child.
- The rights and obligations of the consumer:
- To pay the value of the package of consumer services at the terms stipulated in this agreement
- If the consumer is unable to participate in this holiday trip, he may assign the contract to a third party who meets all the conditions applicable to the contracted tourist services package, with the obligation to notify the Touroperator in writing at least 7 days before the date of departure. In this case, the Touropeartor terminates the agreement with the tourist who assigns the contract and concludes another agreement with the new tourist. For individual journeys, if the means of transport is the airplane, the transfer can only be made if there is a possibility to transfer the flight seat. The consumer who transfers his package of services, as well as the transferee, are jointly severally liable for the payment of the price of the trip and of any additional costs incurred during this transfer.
- In the case of rest and /or treatment stays, the consumer has the obligation to respect the program for the provided services in each country
- in the seaside resorts, the accommodation is made at 18.00 on the day of entry and ends at 12.00 on the day registered on the voucher or on the rest and/or treatment ticket
- in the country resorts, other than those on the seaside, the accommodation is made starting at 12.00 on the day of entry and ends at the latest at 12.00 on the day following the one registered on the ticket.
- If the prices set in the contract are increased by more than 10%, for reasons beyond the control of the Touroperator, the consumer may pay this amount being entitled to pay towards the Agency the amount requested.
4.1. The consumer is obliged to communicate with the Touroperator, within 7 calendar days from the receipt of the notification provided in chapter III pt. 1, its decision to opt for:
- a) termination of the contract without payment of penalties or
- b) acceptance of the new conditions of the contract.
4.2. If the consumer terminates the contract or the Touroperator cancels the tourist trip before the departure date, the tourist has the right:
- a) to accept at the same price another package of consumer services of equivalent or superior quality, as proposed by the Touroperator.
- b) to accept a package of inferior quality tourist services, as proposed by the Touroperator, with immediate reimbursement of the price difference.
- c) to be reimbursed immediately for all amounts paid under the contract.
4.3. In all the above-mentioned cases the consumer has the right to request the amount paid as a refund for its trip for the non-fulfilment of the provisions of the initial contract, except in the cases in which:
- a) the cancellation was made due to the non-achievement of the minimum number of persons mentioned in the contract, and the Touroperator informed the tourist in writing at least 15 calendar days prior to the departure date.
- b) the cancellation was due to a case of force majeure (unpredictable circumstances, independent of the will of the person invoking them and whose consequences could not be avoided despite any efforts made, this not including overbookings, in which case the responsibility lies with the airline).
- c) the cancellation was made through the fault of the consumer.
- The consumer may terminate the contract at any time, in whole or in part, and if the termination is attributable to him, he is obliged to compensate the Touroperator for the damage caused to it, except in cases of force majeure defined by law. If the tourist requests a change of the hotel, the structure of the rooms or any of the services, this is equivalent to the termination of the contract, with the application of the legal penalties at that moment, and the conclusion of a new contract.
- The tourist is obliged to pay at the reception of the hotel unit the resort tax, the sanitation tax, as well as other local taxes, without being able to claim compensation or return the amounts from the Touroperator.
- The tourist is obliged to present at the reception of the hotel unit his identity documents, as well as the issued travel document (voucher, rest and /or treatment ticket), in order to provide tourist services.
- Waivers, penalties, compensations
- If the tourist waives for any reason the package of tourist services covered by this contract, he shall owe the Touroperator penalties as follows:
- a) During the discounts -early booking services or tourist packages requested, they cannot be modified and are not refundable, the penalties are 100%.
- b) 50% of the price of the holiday service package if the cancellation is made more than 45 calendar days before the departure date.
- c) 70% of the price of the holiday service – package if the cancellation is made within 30-45 days before the departure date
- d) 100% of the price of the holiday service package if the cancellation is made in an interval of less than 16-30 days before departure or for non-appearance at the program. In case of partial or total non-execution of the penalty’s obligations, the guilty party is obliged to pay penalties of 0.2% per day of delay, calculated at the value of the non-executed obligation. The application of the above-mentioned penalties does not remove the right of the injured party to be fully compensated for the damage suffered. The creditor of the unexecuted obligation will notify the guilty party to execute its obligations within 30 days from the date of receipt of the notification. If the guilty party does not fulfil its obligations even within the grace period stipulated in the notification, then the contract is considered terminated by right, without fulfilling any other formality.
- For leisure and /or treatment tickets purchased through trade unions, the Agency shall make refunds only based on waiver requests countersigned and stamped by the trade union representative.
- If an embassy refuses to grant an entry visa for the package of services, the consumer will be charged all fees paid by the Touroperator to direct providers, as well as its own operating expenses.
- If the consumer who entered the territory of the state where the holiday package of consumer services is made and refuses to return to England and the authorities of the respective country make expenses of any kind with him, the respective tourist has the obligation to bear all these costs.
- Penalties equivalent to the contract price shall also apply if:
- a) the tourist does not arrive in time at the airport or at the place of departure.
- b) the tourist cannot go on a trip because he does not have the right documents.
- c) the tourist is returned from the border by the border police.
- The tourist must submit in writing the request to give up the holiday package services in the time mentioned above, with the registration number to the Touroperator where he paid for the services. Otherwise, the waiver request will not be taken into consideration and the tourist has the obligation to pay in full the contract price.
- The Touroperator shall not award compensation according to the degree of non-compliance with the obligations under the contract if its fault is proved. In case of partial or total non-execution of the assumed contractual obligations, the guilty party is obliged to pay penalties of 0.2% per day of delay, calculated at the value of the non-executed obligation. The application of the above-mentioned penalties does not remove the right of the injured party to be fully compensated for the damage suffered. The creditor of the unexecuted obligation will notify the guilty party to execute its obligations within 30 days from the date of receipt of the notification. If the guilty party does not fulfil its obligations even within the grace period stipulated in the notification, then the contract is considered terminated by right, without fulfilling any other formality.
- TERMINATION OF THE CONTRACT
Termination of the contract may be made by either party, provided that prior notice is provided for a period of 31 days. In case of non-execution of the contractual obligations, the other party may request the termination of the contract with damages.
VII: RESPONSIBILITY OF THE AGENCY FOR THE QUALITATIVE AND QUANTITATIVE EXECUTION OF SERVICES
- The Touroperator is responsible to the CONSUMER regarding the good execution of the holiday package of consumer services, under the sanction of damages equal to the value of the damage caused if his fault is proved.
- The Touroperator is not responsible for the partial execution of the contract (quantitative execution) in case the protection and security of the tourists are affected, the hygiene conditions etc. are unsatisfactory and the supplier could not foresee them so the interest of the protection of tourists prevails.
VIII. CHANGES AND MODIFICATIONS OF SERVICES
Changes and modifications of certain services of the Touroperator to the original content, under certain special conditions, are admissible. Situations such as air transport, airline, type of plane or flight schedule cannot be attributed to the Touroperator, because it does not have possibilities for action. The Touroperator is not responsible for certain time delays and warns that their occurrence may be due to technical reasons, unfavourable weather conditions, or overloading of flight corridors. The agency is not responsible for changing the destination within the same country due to unfavourable conditions, these responsibilities being of the airline. The agency is not responsible for any changes to the flight schedule made by the airline due to force majeure, being exonerated from any liability.
- If the consumer is dissatisfied with the services received, he/she has the obligation to draw up a written notification, clear and explicit, regarding the deficiencies found on the spot, related to the realization of the contracted tourist services package, which will be promptly transmitted both to the Touroperator and to the tourist service provider (hotel management, restaurant).
- Both the Touroperator and the tourism service provider shall act immediately to resolve the complaint. If the complaint is not resolved or is partially resolved, the tourist will submit a written complaint to the Tour operator’s headquarters, within a maximum of 7 calendar days from the end of the trip, the Touroperator will analyze and within 30 calendar days to communicate to the tourist the compensations due to him.
- a) The tourist is insured for the reimbursement of repatriation expenses and /or the amounts paid by him in case of insolvency or bankruptcy of the Touroperator by the Insurance Company.
- b) the tourist should have his own travel insurance just in case of any unforeseen event and the possibility to conclude an insurance contract, covering the transfer fees, or an assistance contract covering the repatriation fees in case of accidents, illness or death, or a baggage insurance policy.
- Contract documents
7.1 It is constituted as an annex to it and is an integral part of the contract.
7.2 The documents are as follows:
- a) the voucher, the rest-treatment ticket, and the trip ticket.
- b) the tourist program, in case of tourist actions.
XII. MAJOR POWER
- The Touroperator reserves the right to modify or cancel the organization of the event in circumstances due to force majeure: natural disasters, strikes, wars, delays in air traffic or cancellations of certain flights, temporary closure of the road, rail, or air traffic.
- Force majeure exonerates from liability the party that makes it opposable to the other party, under the law, with the requirement of prior written notification within 5 days from the occurrence of force majeure and, possibly, based on the certificate issued by the Commerce and Industry of England or by another competent local authority, which certifies the reality and accuracy of the case, its duration, as well as the moment of its cessation.
- If within 10 days from the occurrence, the respective event does not cease, the parties have the right to notify the full termination of this contract without any of them claiming damages.
XIII. NOTIFICATIONS BETWEEN THE PARTIES
- Any notification addressed by one of the parties to the other shall be validly fulfilled if it is sent to the address provided in the introductory part of this contract, by registered letter with acknowledgement of receipt or by fax accompanied by proof of sending, or by any other means confirming receipt.
- Verbal notifications shall not be considered by either party unless they are confirmed by one of the means provided for in the preceding paragraphs.
- Any disputes arising in connection with this contract regarding its interpretation, execution, effects, and termination shall be settled amicably, within a period established by mutual agreement between the parties, and if this is not possible, in an exceptional case, the irreconcilable divergences will be solved by the courts the competent courts from the locality where the Helios Travel Agency has its headquarters.
XIV. Final provisions
- This Agreement has been concluded in two copies, one for each party.
- The sale of tourist services packages shall be made in accordance with the provisions of this contract and in compliance with the provisions of Government Ordinance no. 107/1999 regarding the commercialization activity of the tourist services packages, approved with modifications and completions by Law no. 631/2001, with subsequent amendments.
- The contract may also be presented in the form of a catalogue, leaflet, or another document, if the tourist is informed about it and if the document contains the information provided by art. 10 paragraph. (2) of Government Ordinance no. 107/1999, approved with modifications and completions by Law no. 631/2001, with subsequent amendments.
- The contract may be amended only by an additional document signed by both Contracting Parties. Concluded in two original copies, one for each party, today: in the UK.
Travel Agency Name Consumer
Helios Travel Agency Name :
Signature & stamp: Signature:
|THE TOURIST IS ACCOMPANIED BY THE FOLLOWING PERSONS:|