This contract was drawn up between the tour operator Ardelean Tours Kft., (hereinafter: Ardelean Tours, with the headquarters in 2724 Újlengyel, Határ út 12., correspondence address: 2030 Érd, Johanna Street no. 6., phone number: 06 70 618 5725, e-mail: , internet: www.ardeleantours.com, Trade Register number: 01-09-273693, tax code: 25413241-2-13, license number: U001699, bank account number: HUF: K&H Bank Zrt. 10403136 -50526783-56651009 EUR: CSOB as IBAN: SK66 7500 0000 0040 2414 3768), which operates within the Limited Liability Organization and Travel Agent Ardelean Tours, as a tour operator, and between the traveler, who signs the contract (or the authorized person acting on behalf of the traveler).
1. The travel contract is concluded if the traveler or his representative (hereinafter: the traveler) has booked (ordered) the trip, paid the advance in accordance with the travel conditions, and the reservation has been accepted and confirmed in writing by Ardelean Tours. If the traveler has not objected to the content of the confirmation within 48 hours from the receipt, the travel contract is concluded with the confirmed content. If Ardelean Tours can only optionally accept the traveler's request, the travel contract will be concluded only when Ardelean Tours notifies the traveler about the final acceptance and confirms the traveler's request by paying the reservation fee, within the specified period.
2. The contracting parties acknowledge that this contract will enter into force upon the written confirmation of Ardelean Tours of the services ordered by the traveler, with the content mentioned therein.
3. The travel contract is concluded between Ardelean Tours and the person(s) who sign(s) the contract. If the traveler is represented by a third party as a representative, Ardelean Tours is not obliged to verify the right of representation of the client (the signatory). In this case, the contractual obligations rest with the third party who signs the contract and the contractual rights are handed over to the traveler mentioned in the contract. If the principal certifies the establishment of the legal representation relationship through a private document provided by law, the person acting as a representative must bear the rights and obligations deriving from the contract. In this case, the representative is obliged to hand over to the traveler all the documents, notices and information that were sent to him in connection with the trip. The person acting as a representative is fully liable for any damages (involving the traveler or tour operator) that result from the unauthorized representation or the erroneous provision of the documents or information.
4. The traveler pays a deposit (advance) when the travel contract is signed. The paid deposit guarantees that the seats booked in this way will not be sold by the tour operator to another traveler. The deposit to be paid is 40% of the travel fee. The payment period for the full participation fee and any associated service charges is 15 days before the trip begins. Ardelean Tours may deviate from this period if its contract with foreign and/or domestic tourism intermediaries imposes a stricter obligation for the tour operator. The traveler is aware that the non-observance of the indicated payment term will lead to the termination of the travel contract already concluded and it will not enter into force.
5. If the payment for the travel service is not received in the tour operator's bank account by the specified deadline, the tour operator has the right to cancel the reservation. The traveler is responsible for the costs incurred in this case.
6. The published optional services (programs) are informative and can be ordered at the place of travel. Ardelean Tours is obliged to provide these services - through the tour attendant - only if the conditions for carrying out the optional service (program) (e.g.: trip, folklore program, cruise on the Danube river, adequate number of applicants for restaurant services, etc.) are ensured.
7. The traveler has the right to assign his right to participate in the journey, based on the travel contract, to a third party who fulfills the travel conditions specified in the travel contract. The traveler must immediately inform the tour operator in this regard. The contractual obligations and the certified additional costs arising from the attribution are the joint responsibility of the transferor and the recipient.
8. Ardelean Tours undertakes to issue an invoice after the traveler has paid the deposit or the full participation fee. Ardelean Tours will issue a final invoice for the full amount paid by the traveler for the contracted services, by the 20th of the month following the date of the service provision. Ardelean Tours undertakes to reimburse the full amount of the participation fee paid by the traveler, either directly or through an intermediary, in the event of the trip's failure, for any reason arising from reasons that are in the interest of Ardelean Tours.
9. The provisions of the VAT Law from 2009 define a traveler as a taxable person, who actually uses the travel service. This means that the tour operator can only issue the invoice on behalf of the person actually participating in the trip. If the applicant for the trip (for example: business trip or third party) does not request the invoice for the person participating in the trip, then we will charge a fee of +27% VAT for the travel service tax, the refund of which can be requested by those who are entitled to it (VAT Law §15.).
10. If the traveler has reserved his trip to any of the travel agencies that have a contract with the tour operator, the terms and conditions of this contract (which will be sent to the contracted travel agency) also apply at the conclusion of the contract. In this case, the representative of the traveler is understood to be the intermediary tourist agency.
11. In the case of an online reservation, the traveler accepts the travel terms and conditions of the tour operator by sending the reservation. In this case, the travel contract is concluded when the traveler has transferred the amount of the tax to the bank account of Ardelean Tours, in accordance with the travel conditions, and Ardelean Tours has confirmed the reservation in writing. In the case of an online order, it is considered the signing of a contract and the payment of the tax by the traveler, based on our confirmation!
12. The duration of the trip, the determination and the quality of each partial service, in addition to the present contract, are included in the program guide issued by Ardelean Tours and the written confirmation of the travel agency, as well as the information of the traveler, which will be an integral part of this contract. If the traveler does not oppose the contents of the confirmation or the invoice within 48 hours of receiving it and pays the tax mentioned therein, the travel contract will be drawn up or modified with the content indicated in the confirmation (conduct denoting the confirmation!).
13. Ardelean Tours reserves its right to increase the participation fee in the event of a change in the HUF/exchange rate.
14. Ardelean Tours can increase the participation fee up to 15 days before the start of the trip. Rates may increase due to changes in transportation costs (including fuel costs), taxes, fees and other mandatory taxes (including, in particular, local vacation taxes) associated with the travel contract or the currency rates. The reasons and rates in this regard are communicated in writing to the traveler by Ardelean Tours. The total amount paid by the traveler under the travel contract cannot be increased in the 15 days prior to the commencement of the trip, nor for the reasons mentioned above. If the increase of the participation fee is more than 8% of the initial participation fee, the traveler can cancel the travel contract.
15. Ardelean Tours may cancel the travel contract by a written notification, no later than 15 days before the start of the trip. Unless Ardelean Tours terminates the contract for reasons that are not under the traveler's control,
a) the traveler can request a replacement service with the same value as the initial service, if the travel agency is able to provide this service. If the value of the service is lower than the initial one, the travel agency will reimburse the traveler for the difference.
b) the traveler may request a refund of the amount paid.
16. If Ardelean Tours cancels the travel contract for any of the following reasons, you will not be liable for any damages resulting from your cancellation if:
a) an external circumstance arises which endangers the human life, health or property, which was not foreseeable at the time of the conclusion of the contract and could not have been reasonably avoided (force majeure),
b) the number of applicants does not reach the minimum announced and the travel organizer informed the traveler in writing for this purpose, within the period specified in the travel contract.
17. Ardelean Tours reserves the right, in justified cases, to modify the accommodation, to change the itinerary and the order of the programs according to each planned destination. If, during the modification, Ardelean Tours has provided a service of the same standard or a higher standard than the initial service, these changes will not be considered as a substantial change to the published travel service.
18. The traveler may cancel the travel contract at any time, by written notification. If the traveler cancels the contract for reasons that are in his interest, the following conditions of cancellation apply if the traveler does not cancel the contract for reasons other than those mentioned above or does not participate in the trip due to the official refusal:
Security deposit (waiver fees):
Upon resignation within days 60-35: 10%
Upon termination within days 35-15: 60%
Upon withdrawal within days 15-8: 80%
In case of renunciation within day 7, or for reasons of exclusion from the trip, or not being present at the trip: 100%
The date of cancellation is included in the time limit for determining the amount of the security, but not on the first day of travel. Ardelean Tours will be entitled to deduct the amount of the surcharge from the value of the participation fee paid by the traveler. The remaining participation fee will be reimbursed by Ardelean Tours within 8 days of cancellation.
If the destination or itinerary covers an area which, following the conclusion of the travel contract, is included in the list of countries and territories not recommended for travel on the website of the central administration department headed by the Minister of Foreign Affairs, Ardelean Tours, if it is possible, a substitution service. If the replacement service has a lower value, the difference will be reimbursed to the traveler by Ardelean Tours. If the traveler cancels the contract in the above case, Ardelean Tours will reimburse the fee paid.
19. Ardelean Tours will limit its liability for damages caused by non-execution or improper execution of the travel contract to the double value of the participation fee.
20. In the case of a poor performance by Ardelean Tours, the traveler has obligations for cooperation and compensation. If the traveler has objections to this service, he immediately informs the travel attendant, on the spot, and in his absence, the on-site service provider or the representative designated by Ardelean Tours - the traveler is liable for any damages caused by the delay of notification. The travel attendant records the traveler's notification and the fact that it has been communicated to the on-site service provider and will provide the traveler with a copy of the registration. The travel attendant is obliged to inform Ardelean Tours about the objection and to take the appropriate measures immediately. In the absence of a travel attendant, if the complaint is not settled on the spot, the traveler will immediately inform Ardelean Tours about the defective service. (The emergency phone number of Ardelean Tours is included in the traveler prospectus issued prior to the trip.)
21. The traveler can send in writing to Ardelean Tours, within 8 days from the arrival, an application for damages arising from non-contractual benefits, with the attachment of an original copy of the minutes drawn up and signed by the traveler or the service provider, indicating the name and address. Ardelean Tours will analyze the motivation of the request and will inform the traveler about its position, within 30 days.
22. If the traveler has not communicated his objections on the spot for remediation or record keeping, or has filed a late claim for damages, Ardelean Tours will be exempted from liability for damages.
23. The traveler will not have the right to seek compensation if the execution of the service, apart from the conditions stipulated in the contract, took place because of the traveler's fault.
24. If Ardelean Tours has compensated the traveler for damages, he shall have the same rights as the traveler towards the intermediary.
25. During the trip, the traveler is obliged to comply with the law applicable to the trip (passport, visa, customs, etc.). The traveler undertakes to ensure that his passport is valid, that the information contained in the passport is the same as that provided when booking the trip or that he has an identity card that replaces the above mentioned documents. The failure to do so will result in additional damage and costs to the traveler. In case the traveler will not participate in the trip due to a violation of the law, Ardelean Tours will have the right to charge the traveler the full participation fee.
26. If the commencement of the journey is jeopardized or prevented for unforeseen reasons at the time of the conclusion of the contract (strike, war, catastrophe, embargo, liability restrictions imposed unilaterally by the airlines), for any of the reasons for the impossibility provided for in article 399 of the Civil Code, neither party is liable if the reason is not within the sphere of interest of either party. If, for the same reason, a trip already started is interrupted, Ardelean Tours will take all necessary measures for the repatriation of the travelers. (In case of war and catastrophe, travel restrictions in certain countries will be governed by a written statement from the Ministry of Foreign Affairs.) In case of improper execution of the travel contract by third parties who are not involved in providing the contract, Ardelean Tours will not be liable for the damage caused, but will provide the traveler with all reasonable assistance.
27. The traveler ensures the security and supervision of his personal luggage during the trip. We do not accept responsibility for the property remaining in the travel space. In case of damage to luggage in the trunk, the appropriate regulations of the Civil Code must prevail. In such a case, the application must be registered immediately on the spot, in accordance with paragraph 20.
28. Ardelean Tours is responsible for the behavior of his collaborator as if he performed the service itself, unless the collaborator's liability is limited by an international convention promulgated by law.
29. For the trips organized by Ardelean Tours, the relevant provisions of the Civil Code prevail, as modified by Government Decree no. 281/2008 (XI. 28.), regarding travel and post-travel contracts, as provided for in this contract.
30. Ardelean Tours’ Operating License Number: U001699.
31. In all disputes regarding the trips organized by Ardelean Tours, the parties will seek to agree. Otherwise, they are subject to the exclusive jurisdiction of the Central Court of Buda.
Issued: Érd, 2017
