This outline of tour conditions represents part of the terms of transaction stipulated in the foresight of the Law 275 from November 23 2019 regarding tourist packages commercialization in accordance with European Union laws.
The contract can be presented as a website, catalog or pamphlet or any other document and will have as appendage the tour program 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, 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.
1.2 Transylvania Live is a Romanian tour operator agency with licence no 112, registered to Romanian Tourism National Authority. Transylvania Live is trademark of Transylvania Live SRL, Turda, Razboieni Street, #31A, first floor, zip code 401189, phone:+40 264313112.
1.3 Transylvania Live 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.
1.4 The content and conditions of the contract shall conform to those specified for each tour itinerary, conditions as specified here under, 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‘s general terms and conditions as based on the Romanian Law no. 631/2001, with the subsequent modifications.
2. Application for Agent – Organized Travel Contracts and their Conclusion
ALL TRANSYLVANIA LIVE TOURS ARE GUARANTEED TO DEPART FOR A MINIMUM OF 2 PEOPLE.
2.1 The client shall provide on the Transylvania Live application form information as required by Transylvania Live 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 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 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’s 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’s 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’s 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 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
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.
4. Contract Document and Final Tour Itinerary
4.1 After the client has entered into a Travel Contract with Transylvania Live as stipulated in Articles 2 & 3 above, the brochures 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 is liable in arranging and administering the itinerary, if this is different from the brochure, pamphlet or site, shall be specified in the voucher.
II. PRICES
5. Payment of Tour Fare
We require a deposit of 145 EURO per person for a holiday.
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.
Transylvania Live reserves the right to alter tour prices to cover increased land cost received after prices were published, as well as tourist fees or currency fluctuation afferent to the contracted tourist package.
6.2 In such cases, Transylvania Live 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’s 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 considers the altered cost as being accepted.
6.3 If Transylvania Live 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‘s responsibility, Transylvania Live shall change the tour fare within the allowable range specified in the tour contract.
7 Transylvania Live reserves the right to take necessary measures when safe, smooth tour operation according to the itinerary is deemed impossible. In this case, Transylvania Live must explain in a timely manner its inability to function according to the Travel Contract under the circumstances.
8. 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 50 EURO 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.
III.CANCELATIONS
9. Cancellation of Travel Contract by the Client before departure
9.1 The client is at all time entitled to cancel the Travel Contract, but must pay Transylvania Live a cancellation charge as stipulated below:
-89 days or more prior to departure 90 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.
COVID-19 pandemic:
If the client is forced to cancel the trip due to COVID-19 lockdown the amount paid by the client will be refunded, if requested, as soon as possible and no later than 30 days from the moment of written request. No cancellation fee is applied. The amount can also be used as credit for future trips.
9.2 Cancellation Charges for Extra Services
Additional hotel nights and other extra services booked in connection with Transylvania Live 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.
9.3 When refunding, the bank commissions will be client’s responsibility. Transylvania Live operates refunds by bank transfers.
9.4 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 8%
10. Cancellation of Travel Contracts and Tour Operation by Transylvania Live before departure
10.1 If the client has not paid the tour fare when due, Transylvania Live reserves the right to cancel the reservation. In such cases, the clients shall pay Transylvania Live the applicable cancellation charges.
10.2 In any of the following cases, Transylvania Live 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 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 in the Travel Contract has not been met. In such cases, Transylvania Live shall notify the client of tour cancellation 60th day prior to departure. |
10.3 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.
10.4 In any of the following cases, Transylvania Live may cancel the Travel Contract and without making any refunds
| a) | If Transylvania Live 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 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. |
10.5 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.
11. Cancellation after Departure
11.1 Cancellation by client
a) When the client leaves the tour group for personal reasons, Transylvania Livewill 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.
11.2 Cancellation by Transylvania Live
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 control.
12. Effect of cancellation and refund
12.1 When Transylvania Live cancels the Travel Contract for tours in accordance with the Provision 11.2 a) and 11.2 b) hereinabove, Transylvania Live shall, at the client’s expense, make necessary arrangements as requested for return to point of departure.
12.2 If Transylvania Live cancels the Travel Contract, in accordance with the Provision 11.2 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 has paid, (or will pay) expenses, cancellation charge, penalty, or etc., Transylvania Live will refund only the balance thereof.
13. Claims and Refunds:
13.1 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.
13.2 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.
13.3 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 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 has already paid or will have to pay for services not provided because of tour cancellation, said expenses shall be borne by the client.
13.4 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.
IV. ITINERARIES
14. 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’s 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.
15. 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.
V. LIABILITY
16. Liability of Transylvania Live and Exemptions
16.1 In performing its obligations under the terms of its Tour Contract, should Transylvania Live cause damage to the client through willful negligence or fault, Transylvania Live shall be liable for such damages.
16.2 Should major changes occur in Travel Contract contents the maximum amount of compensation for changes paid by Transylvania Live 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 100 EUR.
Transylvania Live 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 shall pay the amount not as compensation for changes but as either a portion or total amount of indemnification for damages.
16.3 When the situation warrants, Transylvania Live shall indemnify the client by offering economic benefits equivalent to compensation money, or damage indemnification instead of cash payment, if the client so agrees.
16.4 Transylvania Live is not liable for any negligent or willful act of any such person or entity or of any third person.
16.5 In addition and without limitation, Transylvania Live 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 labor 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.
17. Liability of Client
17.1 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 behavior 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.
17.2 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.
17.3 Photographs and videos taken on the tours by Transylvania Live representatives are Transylvania Live’s copyright. Transylvania Live reserves the right to use such material for advertising purposes without costs even if participants are identifiable on them. The participant agrees that Transylvania Live can use all photographs and/or video for the promotional purposes without any compensation for participants.
VI. Transylvania Live Privacy Policy
18. 1 Who is Transylvania Live-Dracula Tours and Halloween in Transylvania?
Is a tourism business licence name belonging to the company Transylvania Live working under European Union laws based in Transylvania.
Our website dedicated to tourists from UK is : https://visit-transylvania.us.
18. 2 What kind of personal data we collect and why we collect it
We understand that how we collect, use, disclose and protect your information is important to you and we are doing this in respect of General Data Protection Regulations (GDPR) which were introduced in the European Union.
18.3 Policy regarding Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
18.4 Policy regarding Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
18.5 Policy regarding Contact forms
We collect personal information about you so that we can perform our business activities and functions and to provide the best possible quality of customer service. We have the following reason for collecting information:
- administering services we are providing to you such as arranging your tour booking
- manage our relationship with you, including updates about your tour booking and handling complaints
- to contact you in the event of an emergency
- combining information collected from you at different times for the purpose of research and analysis to provide a better customer experience
- to identify and tell you about services we think you may be interested in, including sending emails or sending printed materials to your postal address
- providing relevant information, which may include sensitive personal information, to medical staff in circumstances where we/they need to act on your behalf or in the interest of passengers or in an emergency.
- to make improvements to our site and make it easier to find the information you are looking for
- for identification of fraud or error or for regulatory reporting and compliance
18.6 Policy regarding Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
18.7 Policy regarding Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
18.8 Policy regarding Analytics
Our website(s) may contain links to analytical tools (eg Google -For further information about Google Analytics please visit www.google.com/analytics and for details of Google Analytics’ Privacy Policy, please visit www.google.com/intl/en. You may choose to opt-out of Google Analytics using the Google Analytics Opt-out Browser Add-on which you may access at https://tools.google.com/dlpage/gaoptout/ ) not controlled by us. It is your responsibility to check the status of these sites before using them. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Please read their applicable privacy policies and terms of use carefully.
18. 9 Who we share your data with
- We may share aggregated non-personal information with third parties, such as our travel industry partners to analyse trends and further improve our service to you.
- We may share information with third parties in limited circumstances without your consent where we reasonably believe the disclosure is necessary to lessen or prevent a threat to life, health or safety, or for certain action to be undertaken by an enforcement body (e.g. prevention, detection, investigation, prosecution or punishment of criminal offences), where disclosure is authorised or required by law or disclosure is otherwise permitted by applicable privacy laws.
- In order for you to travel abroad, we may disclose your personal information where disclosure is required by government authorities at the point(s) of departure and/or destination to process your information for immigration, border control, security and anti-terrorism purposes.
- Where you provide us personal information for the purposes of booking travel related services on your behalf or on behalf of another person, we must provide such personal information to the travel providers you have selected for the purposes of completing the booking. We have no control over how travel providers use, disclose or store personal information. Please ensure you agree with the privacy practices of the travel providers you select prior to providing us your personal information for the purposes of booking travel related services with such travel providers. You acknowledge and agree that we provide your personal information to such travel providers solely as your agent and not as the principal holder and we will not be required to ensure their compliance with applicable privacy laws, this privacy policy or otherwise be liable or accountable for your personal information including without limitation their use and disclosure of your personal information.
18.10 How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
18.11 What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
18. 12 Where we send your data
Visitor comments may be checked through an automated spam detection service.
18.13 How we protect your data
We have implemented various physical, electronic and managerial security procedures in order to protect personal information from loss and misuse, and from unauthorized access, modification, disclosure and interference.
Credit card security
- All online payments are transmitted over a secure socket layer (SSL) connection.
- Credit card information is transmitted immediately to a payment gateway solution via an encrypted port.
- Our company does not store your credit card number in any of our systems, it is used only within the context of the transaction then destroyed upon receipt from an acquiring bank.
- All credit card payments receive an identification number that is proof of the transaction’s acceptance into the banking system. This identification number can be used to trace any transaction back to the credit card issuer (for example, the bank that issued the MasterCard, or VISA credit card).
- Personal information is destroyed or de-identified when no longer needed.
Whilst we take reasonable steps to ensure that your personal information is secure, as the internet is inherently insecure, any personal information or other information you transmit to us online is transmitted at your own risk.
18.14 What data breach procedures we have in place
In the event of a personal data breach we will proceed according with EU legislation Article 33 – “Notification of a personal data breach to the supervisory authority” – and Article 34 of the GDPR – “Communication of a personal data breach to the data subject”.
Once we assess that a personal data breach is likely to result in high risk to the rights and freedoms of the data subject we must notify with undue delay the affected data subjects.
The Notification to the data subjects must be written in clear and plain language and must contain the following:
• A description of the nature of the breach
• Categories of personal data affected
• Approximate number of data subjects affected
• Name and contact details of the Data Breach Response Team Leader/ Data Protection Officer
• Consequences of the personal data breach
• Measures taken to address the personal data breach
• Any information relating to the data breach
We will record the data breach into the Data Breach Register.
18.15 What third parties we sell or rent data
We comply with the Spam Act 2003 and do not sell or rent information to any third parties for the purposes of direct marketing.
18.16 Contacting us
If you have any questions about this Privacy Policy or are concerned about how we have handled your personal information, we would like to hear from you. We treat privacy matters seriously and will endeavour to correct the matter.
You can contact us by:
- calling us on 0 808 101 6781 (UK free line) or
- direct line +40 364 411 666
- emailing us at info@visit-transylvania.us
We will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your query or complaint is resolved in a timely and appropriate manner.
VII. FINAL DISPOSITIONS
19. Marketing agreement: Any pictures or footage with tour goers taken during Transylvania Live tours can be used by Transylvania Live in its marketing materials unless the client specifies otherwise.
20. 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.