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TERMS AND CONDITIONS
I. CONTRACT
II. PRICES
III. CANCELLATIONS
IV. ITINERARIES
V. LIABILITY
VI. FINAL DISPOSITIONS
This outline of tour conditions represents part of the terms of transaction stipulated in the foresight of the disposition no. 516/12.04.2005 in concordance with Romania’s Government Decree no 107 / 1999 regarding tourist packages commercialization, approved with modifications and completions by the Law no. 631/2001, with the subsequent modifications.
The contract can be presented as a catalogue, pamphlet, or on the web page www.visit-transylvania.us or any other document and will have as appendage the tour program (from the pamphlet or the web-site) and the voucher.
I. CONTRACT
1. Contract for Agent-Organized Tours
1.1 Responsibility rests with the company operating Agent-Organized Tours (hereinafter referred to as Transylvania Live - Expert in Transylvania ) whose name in full appears below and in its tour pamphlets. Clients joining such tours shall conclude an Agent-Organized Tour Contract (hereinafter referred to as the Travel Contract) with Transylvania Live - Expert in Transylvania .
1.2 Transylvania Live - Expert in Transylvania is a tour operator agency with licence no 4726, registered to Romanian Tourism National Authority. Transylvania Live - Expert in Transylvania SRL, Turda, Republicii street no. 28, zip code 401167, phone:+40 264313112.Transylvania Live - Expert in Transylvania USA adress: PO BOX 44 Cape May, NJ, 08204; toll-free: 866-376-6183,
tel: 315-210-6403,
fax: 206-350-6920.
1.3 Transylvania Live - Expert in Transylvania shall provide tour arrangements and itinerary management so that the client receives tour services including transport/accommodations (hereinafter referred to as "tour services") provided by transportation/accommodation operators during the tour itinerary set by Transylvania Live - Expert in Transylvania .
1.4 The content and conditions of the contract shall conform to those specified for each tour itinerary, conditions as specified hereunder, the final itinerary handed to clients before departure (hereinafter referred to as the "Final Tour Itinerary") and Agent-Organized Tours as described in Transylvania Live - Expert in Transylvania, general terms and conditions as based on the Romanian Law no. 631/2001, with the subsequent modifications.
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2. Application for Agent - Organized Travel Contracts and their Conclusion
2.1 The client shall provide on the Transylvania Live - Expert in Transylvania application form information as required by Transylvania Live - Expert in Transylvania and submit the form together with the necessary reservation deposit. Said deposit shall be applied to the tour fare, cancellation charges or penalties.
2.2 Transylvania Live - Expert in Transylvania may accept applications for travel contracts by mail, fax and other means of communication. In such cases, the client shall submit the application form and reservation deposit to Transylvania Live - Expert in Transylvania within 3 days counting from the day after acceptance of application is confirmed. If the client fails to supply the required application form and deposit within 3 days, the reservation shall be voided.
2.3 The Travel Contract shall become valid upon Transylvania Live - Expert in Transylvania consent to the conclusion of the contract and receipt of the reservation deposit. If tour arrangements are made by phone, the Travel Contract shall become valid upon Transylvania Live - Expert in Transylvania acceptance of the tour deposit as specified in the Article 2. When clients request tour arrangements by mail, facsimile or other communication methods, the Travel Contract shall become valid upon payment of the Tour Deposit and Transylvania Live - Expert in Transylvania notification of acceptance of the tour contract.
2.4 When applying for group tour arrangements, the tour contract including conclusion and cancellation of the contract shall be exchanged between Transylvania Live - Expert in Transylvania and the group representative.
2.5 PAYMENT OF THE RESERVATION DEPOSIT CONSTITUTES CLIENT’S ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN.
3. Special Conditions of Tour Application
3.1 Special Requests such as smoking/non-smoking, adjacent or connecting rooms and special dietary needs should be advised at time of booking. Please note that every effort will be made to secure your special request; however, these requests cannot be guaranteed.
3.2 Child Policy: A client under 18 years of age and travelling alone during the tour period shall provide Transylvania Live - Expert in Transylvania with written consent of his/her guardian. Clients under 16 years of age must be accompanied by a parent or guardian. On non-family programs, unless otherwise indicated on the individual tour page, a minimum age of 10 years is required. On “for couples” tours a minimum age of 20 years is required.
3.3 Independent activities: for reasons of the client's own choosing shall not be arranged by Transylvania Live during the tour. However, Transylvania Live may, depending on the tour course, arrange such activities under separate conditions.
4. Contract Document and Final Tour Itinerary
4.1 After the client has entered into a Travel Contract with Transylvania Live - Expert in Transylvania as stipulated in Articles 2 & 3 above, the brochures (or the site) and the tour conditions listed herein shall be included in the Travel Contract, as appendages.
4.2 The scope of travel services for which Transylvania Live - Expert in Transylvania is liable in arranging and administering the itinerary, if this is different from the brochure, pamphlet or site, shall be specified in the voucher.
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II. PRICES
5. Payment of Tour Fare
We require a deposit of 145 EURO per person for a holiday, 100 EURO per person for a short break (the deposit for the Budapest - Sightseeing on the bus - 3 hours tour - 26 EURO must be paid in full at the time of reservation). Final payment is due no later than 60 days prior to departure. If your reservation is made within 60 days of departure, the entire cost of the trip must be paid at the time of confirmation.
6. Prices and Arrangements:
6.1 Quoted program prices include planning, handling and operational charges, and are based on current rates of exchange, tariffs and taxes as of January 2006. Transylvania Live - Expert in Transylvania reserves the right to alter tour prices to cover increased land cost received after prices were published, due costs and fees for landing, other airport fees and harbour dues as well as tourist fees or currency fluctuation afferent to the contracted tourist package.
6.2 In such cases, Transylvania Live - Expert in Transylvania shall notify the client no later than the 65 day prior to departure. If the increased cost exceeds 10% the tourist is entitled to renounce the tour and have a refund of all money paid or choose another tour from Transylvania Live - Expert in Transylvania offer. The tourist can act on these data in maximum 5 days after the notification of the altered cost. If after 5 days from the notification of the altered price the tourist doesn’t take a position, Transylvania Live - Expert in Transylvania considers the altered cost as being accepted.
6.3 If Transylvania Live - Expert in Transylvania specifies that tour fares are dependent on the number of participants and there is a change in the number of the participants due to reasons beyond Transylvania Live - Expert in Transylvaia responsibility, Transylvania Live - Expert in Transylvania shall change the tour fare within the allowable range specified in the tour contract.
7. Included in the Tour Fare
The following may eventually include items unrelated to the tours you choose:
Please note that the items included in the tour fare are only those as specified in the itinerary description.
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| Guide Services |
the guides presented on tour pages are subject to availability. Transylvania Live reserves the right to change and assign other guides for the listed tour |
Hotel Rooms |
- rooms with private bath on a two-in-a-room basis at the hotels specified in each itinerary. For single room occupancy by choice or circumstances (If you travel alone you have to book the tour with a single supplement; if you wish to book a double room which you want to share with another traveller, we’ll do our best to make all arrangements, but in case this is not possible, you’ll have to pay a single supplement; however if you travel alone it is our strongest recommendation to book the tour with the single supplement from the beginning), extra charges will be required as shown in the respective column in each itinerary. A shower cabin will be available in the bathroom in some cases instead of a tub.
- traditional style rooms with private bath in Romanian country-inns.
- traditional style rooms with one bath for two rooms (bath on the hallway) in the historic region of Maramures or in traditional Hungarian areas of Transylvania - you will accommodate here under the same roof with your Romanian host |
Meals |
as specified in each itinerary |
Railways |
Some tours are operated with sleeping wagons and others by First class classification |
Other Railways |
When operated by subway, local trains or steam operated trains it is possible that no reserved seats are provided. |
City tours & Excursions |
Fully guided city tours as noted in the itinerary, by sedan, van, taxi, minibus, motor coach and/or sightseeing boat on a seat-sharing basis. Entry fees to churches, museums, parking fees, etc. mentioned in each itinerary are not included in the "Short Break" programs. |
Transfers from/to airport |
by motor coach on a seat-sharing basis. A sedan, van or taxi may be used when the total number of participants is smaller. |
Baggage |
two suitcases (one big bag that must not exceed 20 kg and another small handbag) are permited per person, in the same limits that international flights accept without overcharge. |
Guide Services |
An English-speaking guide for the tours, including city tours and excursions will be provided. For particular tourist attraction we also provide a local guide or custodian. For long transfers involving trains, or flights except in cases specified in each itinerary, the guide will not accompany the tour. |
Gratuities |
are included for hotel/restaurant staff, porter age and local guides/drivers. Gratuities are not included for the guide or for the driver of your tour, where applicable, which are at the traveller’s discretion and should be based on the level of satisfaction with the service received). |
Taxes |
all the local taxes, all hotel taxes. |
Swimming pools |
At the hotels that do have this facility. Please note that swimming pools are not always available throughout the entire periods of availability detailed in our brochures or other promotional materials, and are periodically closed for maintenance and cleaning. |
Bottled water |
supplied during Sightseeing tours and „for couples” tours |
Note |
In principle, Transylvania Live - Expert in Transylvania will not make refunds for the above fares, even if clients choose not to use the relevant services. |
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8. Not Included in the Tour Fare
Charges and expenses other than those specified above, such as:
8.1 Cost of obtaining passports or entry visas
8.2 Laundry, telephone, additional meals and drinks, and any other expenses of personal nature.
8.3 International and domestic air fares.
8.4 Airport departure taxes.
8.5 Excess baggage. Heavy baggage.
8.6 Cost for transfer from Budapest Airport to Medias Railway station in the hiking tour Conquer Transylvania’s Alps (tour code Ro6.2RoHi) guide and assistance services
8.7 Medical expenses for injuries and illness.
8.8 Travelling and accommodation costs between tourist arrival/departure and the start and end points of the itinerary.
9. Additional Fares
The additional fares include the following charges for a group of tourists:
9.1 Additional charges for "Upgrade Plans" for upgraded hotels, class of room, and type of occupancy from double to single.
9.2 Additional charges for changing from a " Plan Without meals" to a "Plan With Meals" if it is available.
9.3 Additional charges for "Hotel Extension Plan" to extend the staying period
9.4 Surcharges for upgrading transportation classes or type
Other additional charges as specified in pamphlets and other material.
10. Guaranteed Departures
10.1 All departures are guaranteed, excepting tours for couples (which intend to socialise)
Should the minimum number of passengers not be met in “tours for couples”, we will offer an alternative tour. Should no alternative be suitable, we will offer a full refund of all money paid.
10.2 Transylvania Live - Expert in Transylvania reserves the right to take necessary measures when safe, smooth tour operation according to the itinerary is deemed impossible. In this case, Transylvania Live - Expert in Transylvania must explain in a timely manner its inability to function according to the Travel Contract under the circumstances.
11. Transfer of name
You may transfer your booking to another person, provided they meet all the requirements relating to that tour. More than 5 days before departure, administrative fee of 65 USD will apply. Note: airlines may impose 100% cancellation charges. Within 5 days we try to do the transfer but there is a chance that name transfers could not be possible.
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III. CANCELLATIONS
12. Cancellation of Travel Contract by the Client before departure
12.1 The client is at all time entitled to cancel the Travel Contract, but must pay Transylvania Live - Expert in Transylvania a cancellation charge as stipulated below:
89 days or more prior to departure 80 EURO per person / per tour cancellation fee;
88–61 days, loss of deposit.
60–31 days will be subject to 50% of tour price;
30 days or less will be subject to 100% of tour price.
12.2 Cancellation Charges for Extra Services
Additional hotel nights and other extra services booked in connection with Transylvania Live - Expert in Transylvania programs are subject to: cancellations received:
31 or more days prior to the service will be refunded in full;
30–15 days in advance will be charged 50% of the price;
14 or less days in advance will be charged 100% of the price.
12.3 When refunding, the bank commissions will be client’s responsibility. Transylvania Live - Expert in Transylvania operates refunds by bank transfers.
12.4 All claims for days missed while travelling should be made in writing within 30 days of the termination of the program.
In any of the following cases, the client may cancel the Travel Contract without paying a cancellation charge:
a) when the contents of the Travel Contract have been substantially revised
b) when the tour fare is increased more than 10%
12.5 Transylvania Live - Expert in Transylvania shall accept the cancellation requests taking into account the mean-time zone of tourist’s booking area, no later than 12.00 P.M.
13. Cancellation of Travel Contracts and Tour Operation by Transylvania Live - Expert in Transylvania before departure
13.1 If the client has not paid the tour fare when due, Transylvania Live - Expert in Transylvania reserves the right to cancel the reservation. In such cases, the clients shall pay Transylvania Live - Expert in Transylvania the applicable cancellation charges.
13.2 In any of the following cases, Transylvania Live - Expert in Transylvania may cancel the Travel Contract and it shall return the full amount of the tour fare (or deposit) received from the client.
| a) |
In the event of a natural calamity or disaster, poor weather conditions, civil disturbance, suspension of services related to transportation, accommodations, etc., governmental orders, or other circumstances beyond Transylvania Live - Expert in Transylvania control, and when safe, and smooth tour operation according to the itinerary specified in the Travel Contract has become impossible, or there is a valid reason to believe that the tour cannot continue. |
b) |
When the minimum number of participants as stipulated by Transylvania Live - Expert in Transylvania in the Travel Contract has not been met. In such cases, Transylvania Live - Expert in Transylvania shall notify the client of tour cancellation 60th day prior to departure. |
13.3 When a tour is cancelled by the Company, the Client may choose between a full refund of all money paid or any alternative tour offered by the Company. If the alternative tour chosen by the Client is of a lower value than that originally booked then the Client is entitled to a refund of the price difference. If the alternative tour chosen by the Client is of a higher price than that originally chosen then the Client must pay the difference.
13.4 In any of the following cases, Transylvania Live - Expert in Transylvania may cancel the Travel Contract and without making any refunds
| a) |
If Transylvania Live - Expert in Transylvania didn’t receive the amount specified for the tour fare, even after the contract has been concluded, |
b) |
When it becomes evident that the client does not meet the requirements of a tour (such as sex, age, qualification, skill) or other requirements specified by Transylvania Live - Expert in Transylvania for participation in the tour. |
c) |
When there is evidence that the client threatens to cause other participants embarrassment or inconvenience, or might otherwise interfere with the smooth performance of the collective activities of the tour. |
d) |
When the client is recognized as unfit to join the tour owing to illness or for other reasons. |
e) |
For late arrivals at the airport or departure point, incomplete or inaccurate information, lack of legal papers or border rejection. |
13.5 The Company is not responsible for any incidental expenses that the client may have incurred as a result of the booking such as visas, vaccinations, non-refundable connecting flights or loss of enjoyment, etc.
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14. Cancellation after Departure
14.1 Cancellation by client
a) When the client leaves the tour group for personal reasons, Transylvania Live - Expert in Transylvania will consider it a forfeiture of contracted rights and claims to any refund.
b) If certain services cannot be provided as promised in the Travel Contract for reasons beyond client responsibility, relevant portions of the contract may be cancelled, with an appropriate refund deducted from the total tour fare.
14.2 Cancellation by Transylvania Live - Expert in Transylvania
Transylvania Live may cancel the Travel Contract for tours after the departure date in the following cases:
a)When the client is unable to continue the tour owing to illness or other factors.
b)When the client seem to disturb the order of collective activities of tour participants by negligence of instruction from tour conductor or violent deeds or menace towards these people or those accompanying them, which otherwise jeopardizes safety, smooth tour operation.
c)When the tour cannot continue owing to natural disaster, weather conditions, civil unrest, labour disputes, suspension of services by transportation or accommodation facilities, governmental orders, or other causes beyond Transylvania Live - Expert in Transylvania control.
15. Effect of cancellation and refund
15.1 When Transylvania Live - Expert in Transylvania cancels the Travel Contract for tours in accordance with the Provision 14.2 a) and 14.2 b) hereinabove, Transylvania Live - Expert in Transylvania shall, at the client's expense, make necessary arrangements as requested for return to point of departure.
15.2 If Transylvania Live - Expert in Transylvania cancels the Travel Contract, in accordance with the Provision 14.2 c) travel services rendered to the client shall be deemed as having been completed, and a refund from the tour fare shall be paid for services not yet rendered. In cases where travel services are not rendered owing to tour cessation, or services for which Transylvania Live - Expert in Transylvania has paid, (or will pay) expenses, cancellation charge, penalty, or etc., Transylvania Live - Expert in Transylvania will refund only the balance thereof.
16. Claims and Refunds:
16.1 In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform the hotelier, carrier or other supplier in question. Any verbal notification must be put in writing and given to them as soon as possible. If the complaint or problem is not resolved to your satisfaction straight away, you must contact us or your tour guide as soon as possible; please take into account that some hotels do not consider the claims even in written form after checking out. If you remain dissatisfied, however, you must write to us within 7 days of your return from the holiday giving your booking reference and full details of your complaint.
16.2 Refunds are not made for any missed services, except for verifiable extenuating circumstances. For verifiable claims to be considered, they must be received in writing within 7 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the guide of the tour verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Refunds will not be made for unused city tours, meals or any other services missed due to delays in programme or alteration of the programme caused by the client.
16.3 The client shall be required to request a refund at the sales office where the client bought the tour, or using the same means of communication in which the client booked the tour within 28 days of the termination of the tour program. Transylvania Live - Expert in Transylvania shall make said refund within the 7th day from the next day of cancellation, when effecting refund before tour departure, and within 30 days counting from the day after the tour ends, as stipulated in the contract in case of reduction or cancellation after tour departure. However, should there be any expenses as cancellation charges, penalties, etc. which Transylvania Live - Expert in Transylvania has already paid or will have to pay for services not provided because of tour cancellation, said expenses shall be borne by the client.
16.4 If you are unhappy with the way we dealt with your complaint please call the following free lines: 0800 86 82 82 for the National Authority in Tourism, or 0800 08 09 99 for Consumer Protection.
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IV. ITINERARIES
17. Changes in itineraries:
Accommodations (hotel or vessel) and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond Transylvania Live - Expert in Transylvania control (Necessary measures to prevent tour participant death or bodily harm, bad weather, inadequate road condition or natural disasters which hinder the tour itinerary, force major). Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued.
18. Itinerary Management
Tour itineraries which specify "to be escorted by English-speaking guide" will provide such accompaniment as a general rule. The English-speaking guide shall ensure the safety of clients and smooth operation of the tour as stipulated in the Travel Contract. By booking with us Client agrees to abide by the authority of the guide so that the tour can unfold safely and smoothly.
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V. LIABILITY
19. Liability of Transylvania Live and Exemptions
19.1 In performing its obligations under the terms of its Tour Contract, should Transylvania Live - Expert in Transylvania cause damage to the client through wilful negligence or fault, Transylvania Live - Expert in Transylvania shall be liable for such damages.
19.2 Should major changes occur in Travel Contract contents the maximum amount of compensation for changes paid by Transylvania Live - Expert in Transylvania under one organized Tour Contract shall be the tour fare multiplied by 15%. This money will not be paid, however, if the total amount is less than 121 USD. Transylvania Live - Expert in Transylvania will make refund to the client within 30 days counting from the day after the tour ends.
However, if it is evident that liability occurs owing to said changes, Transylvania Live - Expert in Transylvania shall pay the amount not as compensation for changes but as either a portion or total amount of indemnification for damages.
19.3 When the situation warrants, Transylvania Live - Expert in Transylvania shall indemnify the client by offering economic benefits equivalent to compensation money, or damage indemnification instead of cash payment, if the client so agrees.
19.4 Transylvania Live - Expert in Transylvania is not liable for any negligent or wilful act of any such person or entity or of any third person.
19.5 In addition and without limitation, Transylvania Live - Expert in Transylvania is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or major force, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labour activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
20. Liability of Client
20.1 There are certain inherent risks in some of the tours, specially in adventure tours. These include, but are not limited to, risks of horseback riding (for example, unpredictable behaviour by the horses, being spooked, etc.) hiking, downhill or cross country skiing (for example, equipment failures, ice or other trail obstructions), and in all trips inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
20.2 Clients Representations: The Client represents that neither he nor she nor anyone travelling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour.
20.3 Transylvania Live - Expert in Transylvania reserves the right to decline to accept anyone on a trip.
20.4 Transylvania Live - Expert in Transylvania reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impacts the enjoyment of other passengers on the trip.
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VI. FINAL DISPOSITIONS
21. Arbitration Agreement: Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the brochure, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration in Commerce Chamber from Cluj Romania, in accordance with the rules of Romania then existent.
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Privacy statement
We respect and will continue to respect the privacy of our customers.
Although personal information about you will be submitted to companies that are implicated in the creation of your holiday / tour (airlines, providers, hotels, banks).
Except these cases, we will take reasonable steps to protect the security of the information we collect from you.
Users who have subscribed to our e-mail service will receive promotional mailings and e-mails from us. If you no longer wish to receive promotional mailings or e-mails please e-mail contact@visit-transylvania.us and mention in the subject line: unsubscribe.
When you browse the site, we do not collect personal information about you. The only way we will get any kind of personal information is if you give it to us.
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Copyright Notice
Permission to use, copy and distribute the documentation published by Transylvania Live - Expert in Transylvania on this World Wide Web server is hereby granted on the condition that each copy contains this copyright notice in its entirety and that no part of the documentation is used for commercial purposes but restricted to use for information purposes within an organization.
The content of this website was believed to be accurate at the date of input. However, not only are resorts and properties constantly endeavouring to further improve their facilities, resulting in changes to descriptions and the possibility of building work taking place but, even with the most stringent checks, human error can occur.
CHANGES AND ADDITIONS MAY BE MADE BY TRANSYLVANIA LIVE FROM TIME TO TIME TO ANY INFORMATION CONTAINED HEREIN.
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