Terms and Conditions

Commercial agreement

No.      ....       Dated on: 12.08.2016

 

Between:

TALE TRAVEL S.R.L.

Based in CONSTANTA. 224 Mamaia Boulevard, 1st floor, ap.20, contact telephone number: 0040 341451446, fax: 0040 341451446, email: office@taletravel.ro, Branch account opened at BANCA TRANSILVANIA CONSTANTA, no of account: RO61BTRLRONCRT0335093401 registered at Trade Register Office, registration no: J13/217/2016 and tax number: 35540577, having Sabin Tarsoaga as legal representative, Administrator and hereinafter referred as “PROVIDER”

And

………………………………………………………………….

Based in……………………………………city, ………………………….…………street,……..…………….postcode , contact telephone number: ……………………………….,fax …………………………………………………………, email………………………………………., Branch Account opened at…………………………………………………., no. of bank account……………………………………………………………., registered at Trade Register Office, registration number………………………………………………., tax number: …………………………….., represented by……………………………………………………… as………………………………………., hereinafter referred as “RECIPIENT”.

 

  1. The Subject of the contract

Parties agree that the RECIPIENT can connect to the online platform www.taletravel.ro, an online booking system of TALE TRAVEL S.R.L., so that reservations can be made according to terms and conditions stated in the contract.

  1. The access to booking system
  2. The PROVIDER through his website www.taletravel.ro will provide to the RECEIPENT after the contract is signed, an account as administrator so that the website can be accessed.
  3. IDs and passwords are strictly confidential and will be decided by each user and will be uniquely reserved and exclusive for the contract’s scope.
  4. The RECIPIENT is completely responsible for all the actions of persons in charge designated to use the on-line booking system provided by PROVIDER.
  5. It is RECEIPIENT’s responsibility to inform the PROVIDER immediately after a staff member stopped working for the company and that has access to the system.

 

III. Reservations

  • The system is listing the tourist services that are available or requested online. Once the reservation has been made, the system will automatically send a confirmation email to the RECEIPIENT on the main/general address email determined when the administrator account has been created.
  • The reservations having “on-request” status are not automatically confirmed; the PROVIDER will offer a final answer on his request in 48 hours. It is considered a final reservation when the PROVIDER confirms a reservation to RECEIPIENT. It is RECIPIENT’S responsibility to cancel/modify the reservation via PROVIDER. If the services are not cancelled, the RECIPIENT will pay the cancellation fees according to the specific conditions of reservations.
  • The RECIPIENT will receive all reservation’s confirmation with a registration number (e.g. TT-4700022530); this number must be used in future correspondence between PROVIDER AND RECIPIENT regarding of that reservation.
  • In case of a duplicate booking, will be processed and invoiced all identically reservations confirmed if those reservations are during penalty period. The PROVIDER will try to minimalize the penalties but cannot guarantee.
  • For all confirmed reservations, RECIPIENT needs to offer to their clients the actual voucher automatically generated from booking system taletravel.ro, on “Reservations” sections which contains the following information:

-          Booking number

-             Name of client/s

-             Total number of adults/ children 2-12/ infants 0-2 years (mentioning the age of children/infants)

-               Accommodation name (hotel/ apartment)

-             Number and type of rooms reserved

-             Type of dinning

-             Date of check-in/check-out

-             Other important information regarding of property or destination

          - In case of presenting a booking issued by PROVIDER and it belongs to a cancelled reservation which has been cancelled, the voucher will be considered invalid by PROVIDER, and in the situation when the hotel accepts the clients, the clients will pay for the services at the hotel.

- Type of hotels and rooms

  1. a) The accommodations that can be found on the booking system of PROVIDER are chosen by classification, location and tariff.
  2. b) The classification mentioned in the present contract or in the advertising brochure is indicated by accommodation and can be changed at any moment.
  3. c) All information regarding to all accommodation that the system booking contains are purely informative. PROVIDER cannot assume any responsibility for eventually wrong information delivered by accommodation.

d)The category of properties may differ for each country according to national criteria in granting classifications for such properties.

  1. e) The PROVIDER will try to bring accurate information, and to update with available information so it can be representative for the product to be sold.
  2. f) The PROVIDER will try to offer the information about the type of room booked, even though may exist situations when instead of a room with two beds can be a double bed. We only guarantee that the room will fit the right number of guests.
  3. g) Please remember the fact that the availability and the characteristics mentioned for each hotel are directly coordinated by their own individually management and the PROVIDER cannot be responsible if those facilities or characteristics are not available in the period of waiting at the hotel. If a facility or a characteristic is important for you, then it’s customer’s responsibility’s to check along PROVIDER or with the hotel (we cannot assume any liability if you contact the hotel directly) if a certain facility is available on client’s length of stay.
  4. h) SEA/OCEAN VIEW ROOM from system has in general view to sea/ocean, but it may exist situations where the room has partially view to sea/ocean.
  5. i) The type and size of room offered by a hotel (e.g. single/double), may also vary from country to country. RECIPIENT has the responsibility to check if the type of accommodation and services provided for each hotel meets the customer’s needs. An example for each type of room is presented down below:

 

Type of room

Description

Twin room

Accommodation for two adults in a room with two separate beds. The size of beds for this kind of room is usually ‘twin’ for Hotels in Europe and ‘queen’ for North America.

Double room

Accommodation for two adults in a room with a bed or sometimes with two beds joined together.

Single room

Accommodation for an adult in a room with a bed.

Double/twin single use

Accommodation for an adult in a room with one or two beds.

This type of room is available to accommodate a single person.

Triple room

Accommodation for three adults in a room with two or three beds. The size of beds and arrangements may vary. A triple room cannot guarantee three separate beds. May also include a folding bed.

 

Quadruple room

Accommodation for four adults in a room with two, three or four beds

The size of beds and arrangements may vary. May also include folding beds. The arrangements may considerably vary.

Double/twin room + 1 children

Double room or twin (with two adults that pays the full-price) with an extra bed or a folding bed for child

Double/twin room+2 children

Double room or twin (with three adults that pays the full-price) with an extra bed or a folding bed for child

Crib or cradle

This service is available on request for a kid aged under two years; a tax may eventually be asked to be paid at the hotel.

Room for persons with disabilities

This subject is up to availability and will also be requested.

Check-in

Depends in each country. It can be between 12.00 and 16.00

 

                For more details of type of rooms on a certain hotel, we would recommend to check the official website of the accommodation. The room’s allocation to tourists are effectuated by accommodation, excepting the cases you requested and received written confirmation from PROVIDER for a certain room.

 

Child policy

  1. The child policy and tariffs may vary from each hotel to another. Where may be possible, will be applied the reduction for first kid. A second kid can be charged as an adult.
  2. PLEASE REMEMBER: UK ONLY- the infants and kids are not allowed to share a bed with an adult.
  3. For DOUBLE/TWIN ROOM PLUS CHILD, the food is not included for child. If you would like this service for the kid, it is necessary to request this service when the booking has been made and to be stated in the ‘remarks/comments’ section.
  4. The children aged with maximum 2 years are considered infants and so the infant to be accepted in the room of parents/caregiver must be required an extra COT/CRIB or to be obtained the agreement of the hotel to be seated in the same bed with parents. The hotel’s confirmation is necessary as not all the hotels can provide a COT/CRIB and it is possible to be charged supplementary.

 

  1. Confirmations
  2. The confirmations sent automatically to RECEIPIENT’s email address and can be viewed in ‘Reservations’ section.
  3. It is RECIPIENT’s responsibility to check all details of booking’s confirmation including the changes and cancellations. The PROVIDER needs to be informed immediately regarding any error in the shortest time.

 

  1. Tariffs
  2. Tariffs presented on booking system by PROVIDER are confidential and are not allowed to be divulgated or used in negotiated with a hotel/provider or anyone else.
  3. The final tariff is the one presented in the moment of reservation booking. This will cancel any other tariffs mentioned before. RECIPIENT will be invoiced with the tariff mentioned in the booking confirmation.
  4. The accommodation tariffs are NET and include local taxes (if meantime is not mentioned in the offer description).
  5. The tariffs can be presented in euro(EUR), sterling pounds (GBP) or dollars(USD).
  6. In case the local or government taxes are modified, the amount for all future reservations or currently ongoing at that moment will be also modified.

- during trade fairs, exhibitions or sports events etc. the prices are subject to change. If in any of these periods the accommodation requests new tariff or increase the price of a booking reservation, the RECIPIENT must be informed for approval; in the case of denying the new conditions, the booking can be cancelled or modified.

-in case of such reservation where is mentioned ‘minimum stay’, it can exist special conditions for cancelling or to modify those reservations.

-reservations must NOT be made on fictional names to book accommodation. If there are such reservations, will attract cancellation penalties and you will be charged.

 

  1. Cancellation
  2. It is RECIPIENT’s responsibility to ensure that cancelled the reservation through online available options that can be found on taletravel.ro
  3. The PROVIDER will charge any cancellation effectuated after specific deadline to each reservation with a fee that may vary from the cost of a night to 100% of the total amount of reservation. The RECIPIENT is responsible to ensure that reservations are cancelled until the date specified for each reservation. This deadline is usually called ‘RELEASE DATE’ and it is visible on the following step after reservation and it is different for each reservation; it can be found online on details reservation section.
  4. Cancellations are valid only when you will receive an email confirmations specified on your detail’s account; you won’t receive any confirmation from hotel or from the service that you’ve reserved.
  5. If you don’t receive any confirmation after 24 hours since you had a request or cancelation, please check if we’ve received your requirement. Without our confirmation, you cannot consider that the reservation or part of it is cancelled.
  6. Cancellations made directly by RECIPIENT or clients to the hotel won’t be considered valid. RECIPIENT must request all the cancelled or modified requests via PROVIDER or directly from online system booking.

 

VII. Cancellation procedures

  1. The online booking system will automatically cancel unpaid reservations after deadline (RELEASE DATE). The cancellation will be made automatically after 00.00 (local UK time) in the following day of RELEASE DATE. If the system offers more options to cancel (e.g. reservations with gradual cancellation policy, will be considered the last date.
  2. In order to keep your reservation after RELEASE DATE is necessary to pay the full amount of those services. If you would like to make the transaction by card or bank deposit, request the invoice. This option is available for each reservation through ‘Request Invoice’ button. Once you requested the invoice, you have the ability to pay it in terms of 24 hours, including weekend days.
  3. Once the payment has been made, the reservation status will become ‘Paid’, having the possibility to access the voucher for each service. The payment status will be modified once the PROVIDER will confirm the payment, and also when he will get the card confirmation or once the money has been transferred and our accounting office will confirm. In case the payments has been effectuated from a different bank or out of standard working hours, please send us a copy of payment to accounting@taletravel.ro
  4. Reservations with RELEASE DATE exceeded cannot always be cancelled. We kindly ask you in case of last minute cancelation or in case you cannot perform the payment for such a reservation, please send the cancelation request to bookings@taletravel.ro
  5. In the situation of confirmed reservations that has been made other way than online, cancelation requests needs to be sent to bookings@taletravel.ro

12th of each month

13th of each month

14th of each month

15th of each month

RELEASE DATE (cancelation can be made without any penalties)

First day involving cancelation fees.

Second day of cancelation fees.

Check-in date

 

 

VIII. Changes

  1. Change requests are valid only if they have been received in written form from PROVIDER or requested from RECIPIENT through online system booking taletravel.ro. These needs to be sent 24 hours before the start of the service that needs to be modified.
  2. The term time for change request has a maximum of 48 hours.
  3. The change requested are confirmed only from the moment when the booking status changes again to ‘Confirmed’. Without written confirmation from hotel or provider, the agency cannot confirm any changes.
  4. The new tariff of service confirmed after the changes has been made may not be the same as initial tariff. It will depend of accommodation policy and availability at the moment of your request.
  5. The changes requested from RECIPIENT directly to the hotel cannot be admitted as valid from PROVIDER without written agreement from direct provider that the online platform has contract with.

 

  1. Changing the reservation/ relocating
  2. In case exists an impossibility of honouring the reservation due situations such as overbooking, PROVIDER will offer a similar alternative of booking, in a similar/equal or superior accommodation without paying extra.
  3. Rejecting the specific alternative, means that it is requires the restitution of full amount of the reservation. This is the only compensation from PROVIDER.

 

  1. Complaints.

 

  1. The PROVIDER has to be informed by phone or email if any problem occurred during reservation period by RECIPIENT or by phone from final client as soon as possible, so that the PROVIDER will take the necessary actions so that the problem can be solved.
  2. If the information sent does not include anything related to the problem from client, the problem won’t be considered. RECIPIENT has the obligation to offer all the support to PROVIDER so that the problem can be solved and to ensure will communicate to his client if the situation requires.
  3. The argumentation of complaints: the final customer may be required to obtain evidence such as photographs for the complaint on the ground or written request and forwarded to hotel or service provider.
  4. The PROVIDER is obligated to reply promptly to any complaint, the maximum term for first reply is maximum 24 hours.
  5. The complains sent after the date when the service was planned to be held through PROVIDER and hasn’t been reported written during the period of tourist packages ongoing are considered invalid.
  6. In case the RECIPIENT doesn’t present the obligations correctly to the client or specified details to the reservation, he will be the one responsible for any consequences or additional payments generated.

 

  1. The contractual liability of the service provider
  2. To allow online access to booking system – taletravel.ro ;
  3. To provide ID and password (chosen by RECIPIENT) that allows online access to taletravel.ro ;
  4. To ensure that the system works smoothly so that the RECIPIENT can check, modify and cancel his reservation from his account;
  5. To reply to confirmed reservations before client’s arrival;
  6. RECIPIENT is totally out of any responsibility in case the PROVIDER does not meet his duties to his own providers.

 

Contractual responsibilities of PROVIDER

 

  1. According to Ministry of Transport, Constructions and Tourism nr.516/2005. PROVIDER is responsible for the smooth running of contract and execution of contractual obligations.
  2. RECIPIENT has the right to use PROVIDER as warranty, the organizer of the tourism package for refund payment requested by client, as a result of neglecting the contract as PROVIDER’s fault excepting two cases:
  3. Failure or improper fulfilment of contractual obligation that were supposed to be assumed.
  4. Failure or improper fulfilment caused by major force or events that none of the sides could have been imagined or hesitate (changes of time zone, delays of transport and/or airports and/or accommodation places and/or providers, war status etc.)

 

  1. The PROVIDER understands to reply to each action or omission of own staff.
  2. The PROVIDER is not responsible of determined situations or unrecognised and/or misunderstanding from RECIPIENT and/or tourist of general terms and conditions, of tourism packages offered and/or relevant documents in this way.
  3. The PROVIDER is not responsible for eventual embargoes, injuries, destroyed, loss, and late and any other damaged materials and/or moral caused to tourist by delays, cancellation, interruptions of trip because of weather or natural disasters, strikes, war and anything that cannot be controlled.

6. The PROVIDER doesn’t assume any liability in case of after border control traveler is not allowed to enter a country or to leave.

 

XII. The contractual liability of the recipient

To utilize username and password offered by PROVIDER (chosen by RECIPIENT) to access the online booking system www.taletravel.ro and to keep confidentially the username and password associated to other accessible accounts in the booking system.

-To fulfil the rules, policies, given instructions from SC TALE TRAVEL SRL regarding accessing and using the system stated above;

-To respect the deadline for payments and also terms and conditions for the specific reservation that has been made;

-To keep the correspondence with the PROVIDER confidentially;

-PROVIDER doesn’t have as responsibility to respond for not receiving the invoice from RECIPIENT from reasons beyond his power. In case the RECIPIENT haven’t received the invoice sent by PROVIDER, the RECIPIENT is not exempted from due payments, having as obligation to check the services that needs to be paid and to asks the PROVIDER to send the invoice once again.

-To indemnify directly the client/tourist in all cases of cancelling of tourist packages reserved as a result of not paying the service to PROVIDER.

-To assume the damages created by his fault and contractual liability to third parties and for PROVIDER and also for their own employees.

-To agree to pay the penalties that airlines or providers are imposing as a result of reserving effectuated on TALE TRAVEL booking system, if those penalties are applied for facts that are imputable to the beneficiary or his representatives.

-To inform by fax, e-mail or letter every tourist with which has enclosed commercial contracts of tourist packages opening of insolvency or bankruptcy (if applicable) for tourist to address the insurer that joined the commercial contract.

-The repayment of sums paid in accordance with WTO nr.235 from 2005 regarding tourists’ insurance in case of insolvency or bankruptcy of tourism agency.

-To pay all expenses by forced execution perceived by

-In case of failure by COMMISIONNAIRE to financial obligations under this contract, as a result of insolvency or bankruptcy of it, to cancel it within 48 hours before the reservation of tourist package and/or transport (bus, plane) has been effectuated by COMMISIONNAIRE. The prejudices that COMMISIONNAIRE will suffer as a result of principal tour operator of his right in the contract won’t be compensated by tour operator with principal rights and consumer responsibility towards tourism product failure contractual obligations assumed under the contract commercialize travel packages that COMMISIONNAIRE carries.

 

-Existing service will be automatically generated by PROVIDER and sent electronically to the RECIPIENT. Failing to send in maximum 24 hours of observations on the tax invoice content equates to acceptance for payment of the invoice by the RECIPIENT.

 

XIII. Conditions of payment

 

INDIVIDUAL RESERVATIONS

  1. The payment needs to be made totally by RECIPIENT, before or on time deadline offered in the reservation confirmation, excepting the cases of special misunderstanding regarding facilities of crediting and payment.
  2. Special conditions of crediting and payment are available only in the situation when the RECIPIENT respects totally the conditions of payment. In case there are late payments, without specific prior written agreements, the special conditions of crediting do not apply anymore starting with the first day of late payments; RECIPIENT will be forced to respect the compliance with standard convention.
  3. Late payments will determine automatically cancelation of reservation.
  4. In case of a cancelled reservation where it is not possible without penalty, RECIPIENT will be obligated to pay for it, on reservation or penalty’s tariff.
  5. In case is necessary the payment to be made in advance or immediately (special occasions), PROVIDER will inform in time the RECIPIENT that crediting facilities eventually won’t be available for that reservation.

 

Payment methods

  1. The payment can be carried cash, by card and/or through bank, in bank accounts indicated in the present convention.
  2. In case the payment’s tariffs are denominated in foreign currency, will be expressed in Romanian currency RON at the BNR rate in the day that has been effectuate and will be added 2% commission for currency risk.
  3. Late payments after due payment will come with a penalty of 1% that will be added in each day after late payment for invoice value unpaid on time.
  4. The penalties value can’t exceed the value of principal debit.
  5. In terms of 24 hours from receiving the invoice, RECIPIENT has the obligation to confirm receiving invoice and to send written to PROVIDER observations about the object of invoice otherwise, after 24 hours from the receiving, will be considered as accepted.

Payment needs to be made totally before due date offered in the reservation confirmation (deadline), excepting the case when there are special agreements regarding crediting facilities, the late payment will mean the automatically cancelation. In case there the payment in advance is necessary or immediately (special events, fairs, exhibitions, etc.) will be informed for each single case, the crediting facility existing will be considered invalid.

For some destinations (UK, USA, ASIA etc.) tariffs are presented in certain currency (GBP, USD). Each reservation that is not in euro currency and it is paid in other currency than the one advertised (for each tariff that is not in euro will be found in parenthesis the approx. value in euro), RECIPIENT is obligated to pay an extra fee of 2% as risk currency. In case the payment has been made in national currency, at BNR exchange rate will be added 2%. Late payments after option date (deadline) will attract 1% penalty each day.

 

  1. Guarantees
  2. In case of unpaid full amount to PROVIDER of financial obligations, in agreed time. The PROVIDER has the right to cancel the reservations that has been made, that hasn’t been paid by RECIPIENT, and not being entitled for the damages that has been created because of it.

 

XIV. Privacy policy

  1. Each part will try to make it possible to keep the character confidential about any information that can receive regarding this contract or other parts of the business and won’t be used or shown the information without the other party’s agreement or only if the court is involved.
  2. The parties will ensure that all their employees will meet the same obligations of confidentiality in favour to the other part of this contract;
  3. None of the parties will have the right to publish or reveal information from this contract or transactions without written agreement of the other side;
  4. Any notice required or allowed to the other party needs to be written and sent to company’s headquarters through mail, fax or any other communication way. The notice will be judged in terms of 96 hours from his sending through post or in term of 12 hours if it has been sent by fax or other communication way.

 

  1. Major force

None of the parties has responsibility to term failure or improper execution of those obligations if it has been determined as major force as it is defined in Romanian legislation. The party invoking force major is obligated to communicate in 10 days to the other party accompanied by supporting documents. If in 10 days the major force doesn’t stop, parties have the right to notify the rightful closure of contract.

 

XVI. Disputes

The eventual disputes that can occur regarding the present contract will be solved in a peaceful way and if this situation is not possible, will be resolved in the court.

Any litigation arising out of the execution of this contract, the court can take action against from the office of PROVIDER.

 

VII. Length of contract

  1. This contract has a length of one year, starting with …………………2016 and will be renewed automatically if unless one of the parties terminates it by written notice, including email, with at least 30 days before his end.
  2. This contract will stop his availability in the following cases:
  3. If both sides guarantee the fulfilment of its obligations that was met before the stop of the contract.
  4. As a result of neglecting the contractual obligations. The part in place of impossibility to respect the contract has the obligation to inform the other part with a minimum of 10 days and owns loss to the affected part.
  5. When is requested with 30 days earlier and accepting and supporting the loss of the other part.
  6. Caused by major forced by law’s conditions and conditions from Chapter XI.

 

XIV. Final

The contract has been signed today……………………2016, in two samples, one for each side and contains 11 pages.

 

Thank you for booking with us!

 

 

TALE TRAVEL SRL

Tarsoaga Sabin

General Manager

 

 

 

SC_________________________________SRL

Authorised representative

Position: