Terms & Conditions
T.1 General Terms and Conditions
A. Introduction
This is the agreement which governs the purchase by you (the customer) of the services and products we provide. "We" are Amazing Romania (part of SC SUNMEDAIR TRAVEL & TOURISM SERVICES SRL); our registered office is Lipscani Street no. 42, District 3, Bucharest, Romania. The following terms and conditions show your and our commitments as part of your booking.
When we talk about your holiday in these terms and conditions, except where otherwise stated, we mean the accommodation, transport and other services you book with us in Romania before you go on holiday.
B. Your Contractual Relationship
Please take the time to read this section, it is important for both of us that you understand our contractual relationship. Dependant upon the services or products we have sold to you we act as Principal (where you have a contract directly with Us) or Agent (where your contract is with a third party service provider) or Ticket Provider (where your contract for your scheduled flight is with the no frills /low cost airline as dealt with below). The nature of this relationship affects our obligations to you and yours to us.
We act as principal.
You may create your own 'package' holiday. A 'package' means 'the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: -
1) Transport;
2) Accommodation;
3) Other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package, we act as the Tour operator.
This means that the contract is between you and us, we are responsible for providing the travel arrangements you have booked and you are responsible to us to pay for them. A formal contract will be formed between you and us when we confirm your booking.
Your contract will be governed by Romanian law and any disputes, claim or other matter of any description will be dealt with in the courts of Romania.
C. Complaints
For all bookings, if you have a complaint you must contact Amazing Romania and the service provider as soon as possible to allow them/us the opportunity to resolve the situation. You will be provided with the contact details of your service provider before you travel wherever possible. If the complaint remains outstanding, you must write to us as soon as possible upon your return (at least within 5 days of your return).Amazing Romania will, where appropriate, liaise with the tour operator or service provider and seek to resolve the complaint to your full satisfaction.
D. General Terms & Conditions
Bookings will be confirmed subject to availability and receipt of all applicable payments. Some products require payment in full immediately, while others require a per person deposit for all bookings made outside of 10 weeks before departure. For the latter type of booking, the balance payment is required no later than 5 weeks prior to the departure date. If booking within 5 weeks of departure, full payment must be made at the time of booking. We will inform you of the appropriate payments before booking.
A contract exists between you between you and us (where we act as principal) as soon as your booking is confirmed and the relevant payment has been received by us. Please check your confirmation invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 10days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.
The person who makes the booking is the 'lead name'. He or she must be over 18 and have the legal capacity to make the transaction. They are financially responsible for payment of the total holiday price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable.
The lead name agrees to provide accurate and full information to the remainder of the party in relation to the booking, and by making the booking, confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these Conditions.
The lead name undertakes to Us that details you supply when making a booking are correct. This includes the correct spelling of the full names, as displayed in the passport at the time of travel, for all members of your party.
If there are any changes to the personal or contact details supplied to Us by you it is the lead name's responsibility to inform Us as soon as possible.
Failure to supply the correct credit or debit card billing address information and/or cardholder details may result in delays to the issue of your tickets and may make the fare(s) subject to increase. Please ensure that the details you give match those on your credit card billing statement. We also reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied.
There may be occasions when obvious errors occur as a result of maintaining the Website. When this occurs a price, product or service may be displayed incorrectly and in such instances, we / the service provider reserve the right to cancel any contract based on the price, product or service which is displayed incorrectly immediately without liability to you (if a contract has in fact come into existence). We constantly monitor and check our systems to minimize the threat of this happening and in the unlikely event that this happens to you, we will inform you as soon as possible.
It is your responsibility to ensure that you meet the passport, visa and health requirements of the countries you wish to visit and those that you transit through. Many countries require that your passport should be valid for a period of (a minimum) six months from the date of arrival into that country. We advise you consult the relevant embassy / consulate well in advance of your departure. We do not accept any responsibility if you should be denied boarding or entry into any country or are deported due to non-fulfillment of the above. Similarly, if failure on your part to comply with any applicable requirement results in fines, costs or penalties being incurred, you will be responsible for reimbursing us or the service provider accordingly.
It is also your responsibility to check for any travel prohibitions, warnings, announcements and advisories issued by the Foreign Travel Advice Unit before making any bookings or traveling to international destinations.
In all cases and for all products and services, whether as part of a package or not, every customer who travels must have adequate travel insurance cover which is suitable for their particular needs. We cannot be held responsible for your costs if you fail to do so. Please read your policy details carefully and take them with you on holiday.
You must remember that you are responsible for your actions and the effect they may have on others. If we, your service provider or another person in authority (such as your car driver or hotel manager) reasonably believe your actions are causing or are likely to cause danger, upset or distress to any third party or damage to property, we or the service provider concerned are entitled, without prior notice to terminate the holiday or other service of the person(s) concerned. This could mean you are prevented from using your accommodation or using the transport arranged. If this happens, the contract of the person(s) concerned will automatically be terminated and we / the service provider will not pay compensation or refunds or meet any expenses you suffer as a result. You will also be responsible for any loss or damage caused by you.
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavor to pass any reasonable requests on to the relevant supplier/ service provider (as applicable), we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier/service provider (as applicable) or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. we regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as 'standard' bookings subject to the above provisions on special requests.
If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we or the service provider, reasonably feel unable to properly accommodate the particular needs of the person concerned, we (or the service provider as applicable) must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
T.2 Specific Terms and Conditions
Below are our Specific Terms which apply to particular types of service/product in addition to the General Conditions shown above - you must read the appropriate section(s) before booking. They are designed to be read together with the General Terms and Conditions.
A. Hotels
When you make a Hotel booking with us we act as Principal. This means your contract for that hotel accommodation is between you and us. All information and details displayed have been supplied by and are the responsibility of the Hotel operators and suppliers and are believed to be correct at the time of being published.
All hotel discounts quoted are based on the discounts from the full 'rack rate' (the rate published by a hotel which it will charge for any room) including VAT and are correct at the time the offers are first advertised. However, please note that some hotels, in some resorts, may also charge local or other taxes, which may not be included in the offer.
Prices stated are on a - per room, per night basis and include VAT - unless otherwise stated.
Unless otherwise stated, breakfast, lunch and dinner are not included.
Star ratings are provided by our suppliers, they may differ according to the county where the hotel is located and are out of the control of Amazing Romania. we cannot be held responsible for any misconceptions relating to star ratings.
In the event that you would like to cancel or amend your hotel booking, it is your responsibility to notify us in writing at least 48 hours prior to arrival date or you will be subject to a 100% cancellation fee.
We will apply an administration charge fee between 30-50€ per booking for any modifications, changes or cancellations to your booking. This will be regardless of the price of your booking and any other supplier charges you may incur.
In addition to our charges, most hotels may also have a penalty or cancellation fee for any changes or cancellations to bookings. This can be calculated from the date of amendment / cancellation to the date of arrival, alternatively one set fee.
In the unlikely event our supplier is not able to provide the accommodation you have booked we will contact you as soon as possible. We will try to provide you with similar accommodation of equal standard and if you accept you will pay, or receive a refund of, any price difference. If you choose not to accept our alternatives, you can cancel and receive a full refund of all monies paid for the hotel.
B. Package Terms and Conditions
1. Your Contract
When you book a Package where we act as agent (see 'Your Contractual Relationship - we act as agent' at the beginning of these Conditions, the operator with whom you have a contract is responsible for providing all your travel arrangements and you are responsible to them for payment for these). Please ensure you read the tour operator's relevant terms and conditions, a copy of which will be available at the time of booking. We act as agent for the operator and this means that we have no contractual liability to you and are not liable for any service not provided by us or for any act or omission of the operator or any of its employees, agents, suppliers or subcontractors. However, we may be liable to you if we have breached any other relevant law, misrepresented important information.
When you purchase a package from this website as defined in Your Contractual Relationship - we act as principal your contract will be with us and the following sections apply to you. Our contract with you comes into existence when we confirm your booking by issuing a Confirmation invoice. Once the contract is made we are responsible for providing the travel arrangements you have booked and you are responsible to us to pay for them in accordance with these Conditions.
2. Additional Charges
We reserve the right to change and correct errors in our prices at any time before you book. We advise you to review the prices to your booking on the website before you commit yourself. Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. We promise not to levy a surcharge within 30 days of the start of your holiday. No refunds will be payable within this period either.
Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if our costs increase or decrease as a result of transportation costs (e.g. fuel) or dues, taxes or fees, increasing or decreasing, our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday.
If the above price variations mean that the cost of your holiday goes up, you will not be charged for any increase on your holiday price.
You have 7 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 10 days of the issue date printed on the surcharge invoice, whichever is the later.
3. Changes by us to your booking
It is unlikely that we will have to make any changes to, your booking. However, we do plan arrangements a long time advance and we use the services of independent suppliers, such as hotels, transportation companies, museums etc, over whom we have no direct control. If it is the case that changes need to be made to your booking, we reserve the right to do so at any time. Most of these changes are not significant and we do not have to tell you about these, or give you the options set out in clause 4 below and we do not pay you compensation for these changes, but whenever possible will advise you of them. Any flight timings and carriers are subject to change as a result of airline procedures and these details are given for guidance only. A non significant or minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday.
4. Significant Changes by us to, or cancellation of, your booking
In the unlikely event of a SIGNFICANT CHANGE being made to your booking, such as a change of resort, hotel, museum transportation time of more than 12 hours, or the cancellation of your booking, we will pay appropriate compensation except as set out below. However, you will not be eligible for compensation or reimbursement of any resulting expenses or additional costs and we will have no liability beyond offering you the options set out below if the change to or cancellation of your booking occurs by reason of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances may include war or threat of war, riot, fire, civil strife, industrial action, actual or threatened terrorist activity, natural or nuclear disaster, adverse weather conditions and all similar events outside our control.
If a SIGNIFICANT CHANGE occurs or we have to cancel your arrangements, we will inform you as soon as possible. If there is time before departure we will offer you the following options: -
A. Accepting the change of arrangements
B. Taking our offered substitute package of equivalent or superior quality if we are able to provide one
C. Taking our offered substitute of lower quality if we are able to provide one and accept a refund from us of the difference in price between the rice of the package purchased and the substitute one offered
D. Choose another Holiday from us and pay, or receive a refund of, any price difference
E. Canceling your holiday with a full refund of all monies paid, except for any amendment charges Where compensation is due, we will pay you the following amounts, unless you can prove a greater loss (where greater compensation payment may be due); -
Very rarely, we may be forced by 'force majeure' (see clause 8 below) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
5. Changes by you to your booking
If after our confirmation has been sent you wish to change any part of your travel arrangements, we will make every effort to help you do this, subject to availability and the type of suppliers (museums, car hire companies, hotels etc), you have chosen and their cancellation/charges, details of which will be provided to you on request from your Travel Agent at any time including prior to your booking.
If you want to change any details regarding your transportation reservation, we may have to cancel your original transportation and purchase a new one and you will be required to pay the full transportation cost again. We will also charge you an administration charge between 10-20€ per change per booking, and you will be liable to pay the hotel, transportation company or other ultimate product charges resulting from your changes.
6. Cancellation by you of your booking
If you wish to cancel your travel arrangements - or any component - for any other reason than for there being additional charges (see clause 2) or changes (see clause 4) you must notify us in writing. Cancellation will be deemed to be effective on the day we receive this written cancellation request from you. The following charges will generally apply:
51 days or more prior to departure: deposit loss
50 - 32 days prior to departure: 50% loss
31-19 days prior to departure: 75% loss
18-8 days prior to departure: 90% loss
7-0 days prior to departure: 100% loss
Should however the cancellation charges listed in the table above be insufficient to meet the cost of the cancellation charges imposed on us by the hotel, airline or other supplier you will, in addition to the charges set out above, also be liable to pay the difference between the charges set out above and the charges imposed on us by the supplier concerned. We will take all reasonable steps to ensure such costs are kept to a minimum and inform you of all the above costs before canceling the booking.
7. Our Liability to you
(1) Our obligations, and those of our suppliers providing any service or facility forming part of your Holiday, are to take reasonable skill and care to arrange for the provisions of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements.
In addition and subject to the above, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of our, and our supplier's, obligations. You must show reasonable skill and care has not been used if you wish to make a claim.
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of Romania which would have applied had those services been provided in Romania. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
(5) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is 500€ per person affected unless a lower limitation applies to your claim under this clause or clause 7(6) below. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 8 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or not and the Montreal Convention for international travel by air and/or for airlines with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens convention for international travel by sea). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
(8)You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 10 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
(9) Should you become ill while on Holiday, you must consult a local doctor and your GP upon your return to your country. Should you then wish to make a claim against us, you should write to us with details of both the local doctor whom you saw and your local country, with written authority for us to obtain a medical report from both those doctors.
(10) If you suffer death, injury or illness whilst overseas arising out of an activity which does not form part of the inclusive travel arrangements arranged through us, we shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided we are advised of the incident within 90 days. Where legal action is contemplated, our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign us any costs recovered or any benefits received under an appropriate insurance policy. Our costs in respect of the above on behalf of you and your party shall not exceed 1,000€ in total.
8. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 7(1) above) as a result of 'force majeure'. In these Booking Conditions, 'force majeure' means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
9. Claims and Complaints
If you have a complaint whilst on holiday you must immediately bring it to the attentions of the relevant supplier who will do their best to rectify the situation (Please see your Travel Documents for contact details). If they are unavailable or unable to resolve the problem you should contact us on the emergency contact number. Most problems can be solved at the time, but if after you return home you still remain dissatisfied, a complaint must be made in writing to us within 10 days of returning home.
Please note that failure to follow the above procedures, and/or failure to complain as set out above within 10 days of your return may reduce or extinguish any rights you have to claim compensation from us, or if, had you done so, you or we could have taken steps to reduce the loss or damage suffered or entirely prevented it from being suffered. It is difficult and sometimes impossible to properly investigate a complaint if we are not told about it during the holiday and reasonably quickly once the holiday is over. Your right to compensation may be reduced or extinguished should any delay in your complaint being notified during or after the holiday prevent us from carrying out a proper investigation.
10. Additional Terms Relating to Car Hire
Please note that when you add Car Hire to your package the Terms and Conditions of the supplier will apply.
Data Protection and Privacy Policy
Below is our privacy policy which shall be deemed to be incorporated into these terms and conditions. Please read the following policy to understand how we will treat your personal data after it has been collected by us.
When do we collect data?
We can collect data on you from a variety of different sources, including when you purchase products or services from us.
We can collect data on you from a variety of different sources, including when you purchase products or services from us.
What do we do with your personal information?
We may need to collect information about you to process the transaction, fulfill your order and provide you with the services you expect then and in the future. This information may include, but is not limited to, details such as your name, your address, your phone number, etc.
Unless we have your express consent we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the proviso that we may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data.
We may also use the information to process any transactions you undertake with us and for internal administration and analysis.
We do not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.
Data
In Romania we operate and are registered in accordance with applicable data protection legislation.
Consent
By disclosing your personal information to us via your Travel Agent or over the telephone, you consent to the collection, storage and processing of your personal information by Co-op Holidays in the manner set out in this Privacy Policy. Some information and emails sent to Transylvania Trips may be used as testimonials but no email address or contact details will be displayed.
Contact
If you have any questions or concerns about the information we hold about you, you can also contact us.
