General Travel Terms and Conditions

All travel agencies incorporated in the Republic of Moldova must be holders of a license delivered by the State Ministry of Tourism and only these agencies are authorized to sell travel services to the public.

Moldova Tours 2.0 holds the Licence n°XXXX

Moldova tours 2.0 holds a professional insurance policy for civil liability (policy number and address). Our general terms and conditions are compliant with Moldova’s code of tourism.

List all the relevant legal texts in the Republic of Moldova.

I) Our pricing policy.
Prices are expressed in Euros and per person (all tax included). Prices on display on our website are established at the prevailing economic conditions at the time of booking. Any price fluctuation can only reflect changing macroeconomic and political conditions in the Republic of Moldova, and should be rigorously documented.

In accordance with the code of tourism of the Republic of Moldova, prices indicated on the website might undergo modifications, in order to account for
– Fluctuating transportation costs (gas, fuel)
– Fluctuating taxes levied on the services offered
– Introduction of new taxes on the services offered regardless of their nature
– Fluctuating housing prices, food price, and the price of other services offered
– Fluctuating exchange rate between the euro and the Moldovan lei

Every modification of prices will be notified at least 30 days prior to departure. In the event of an increase in the total price of the travel package, which has been booked, exceeding ten per cent, the customer may cancel his journey without cancellation fees (except the non-refundable administrative processing fees).

II) Moldova Tours 2.0 may act as agent and/or as tour operator.
An agent accepts the obligation to provide an entitlement for services of other parties (carriers, hoteliers, restaurants etc). A tour operator is a limited liability company (SRL) either offering several touristic services at a package price or promising to render individual touristic services as services on own account and for this purpose usually providing own brochures, advertisements, etc.

If third party services are arranged, a company acting as tour operator may also act as agent if it refers to this function as agent. The following conditions constitute the contractual conditions endorsed by Moldova Tours 2.0 operating as agent (section A) or tour operator (section B) to conclude contracts with their customers/travelers.

A. MOLDOVA TOURS 2.0 ACTING AS AGENT.

The following conditions are the bases of the contract concluded between customers and an agent.

1. Booking/contract conclusion.

The booking can be made in writing preferably by email, by phone or verbally. By all means, Moldova Tours 2.0, after verification of availability of the requested dates and tours, should immediately confirm verbal bookings or bookings per telephone in writing (electronic format).

We rely on secured digital folders containing all necessary details regarding the customer’s order and referring to the travel advertisement ( catalogue, brochure, etc.) forming the basis of the booking . With regard to its own services or arranged services, the agent must refer to these applicable GENERAL TRAVEL TERMS AND CONDITIONS.

In case of differing travel terms and conditions, he must demonstrably advise the customer of these differences and hand them out before contract conclusion.

If services of foreign contractors (service providers, tour operators) are arranged, foreign law may apply as well (in Romania, for instance). Whoever completes a booking for himself or for a third party, is regarded as principal contractor and in default of differing declarations, accepts the obligations under the contract award towards Moldova Tours 2.0 (payments, contract cancellation, etc .).

In the booking, Moldova Tours 2.0 may request a service charge and a (minimum) deposit. Upon or immediately after the contract conclusion, Moldova Tours 2.0 is obliged to communicate a confirmation regarding the travel contract to the traveler (travel confirmation).

2. Information and other incidental services.

2.1 Information on passport, visa, foreign currency, customs and health Regulations.

It is commonly known that a valid passport is needed for travels abroad. Additionally Moldova Tours 2.0 must inform the customer about the corresponding foreign passport, visa and health entry provisions and – upon request – about foreign currency and customs regulations. The customer himself is responsible for compliance with these regulations. If possible, Moldova Tours 2.0 will – against compensation – take charge of the provision of a visa that might be necessary. Upon request, Moldova Tours 2.0 will – if possible – give information about special regulations for foreigners, stateless persons as well as persons holding dual citizenship.

2.2 Information regarding the travel service.
Moldova Tours 2.0 is obliged to present its service or the service provider to the best of its knowledge in consideration of the characteristics of the arranged contract and the circumstances in the respective country or destination.

3. Legal status and liability.

Moldova Tours 2.0’s liability covers:

– The thorough selection of service provider (transportation and accommodation services) as well as thorough analysis of gained experience.

– The unobjectionable provision of services including the corresponding information of the customer and the delivery of the travel documents.

– The demonstrable forwarding of notices, declarations of intent and payments between the customer and the procured company and vice versa (e.g changes in the agreed service and the agreed price, notices of cancellation, complaints).

4. Performance impairments.

If Moldova Tours 2.0 violates the incumbent duties under the contractual relationship, it is obliged to compensate the customer the resulting damage unless it proves that it has neither acted intentionally nor in a grossly negligent way. For breaches of contract due to slight negligence, Moldova Tours 2.0 is obliged to compensate the customer for the resulting damage up to a fixed amount, which will be notified to the customer.

B. MOLDOVA TOURS 2.0 AS TOUR OPERATOR.

The following conditions are the bases of the contract hereinafter referred to as travel contract when Moldova Tours 2.0 operates as tour operator. A tour operator is a registered company that provides holidays in which your travel and accommodation are booked for its clients.

1. Booking/contract conclusion.

The travel contract is concluded between the booking party and Moldova Tours 2.0 if there is an agreement regarding the material parts of the contract (price, service and date). This results in rights and duties for the customer.

2. Change in the identity of the traveler.

A change in the identity of the traveler is possible if the substitute meets all conditions regarding the participation and can be completed in two ways.

2.1 Assignment of the claim to the travel service .

The booking party’s obligations under the travel contract remain effective if it assigns all or single claims under this contract to a third party. In this case, the booking party will bear the resulting additional costs.

2.2 Transfer of the travel event .

Where the customer is prevented from proceeding with the package, he may transfer his booking to another person. The tour operator must be informed about the transfer either directly or via the agent within a reasonable period before the departure date. Moldova Tours 2.0 may notify a specific period in advance. The transferring party and the replacing person will be jointly liable for both the unbalanced remuneration and the additional costs arising from the transfer.

3. Contents of the contract, information and other incidental services.

Moldova Tours 2.0 must provide sufficient information about the service offered. The service descriptions in the catalogue valid at the time of the booking as well as the other information contained therein are the subject matter of the travel contract, unless differing agreements have been made at the booking. It is, however, recommended to record such agreements in writing.

4. Travels including special risks.

If travels include special risks (e .g. outdoor excursions), the tour operator will not be liable for the consequences of risks outside of his scope of duty. The tour operator’s obligation to thoroughly prepare the journey and to thoroughly select the persons and companies commissioned with the provision of the single travel services remains unaffected.

5. Legal bases in case of performance impairment.

5.1 Warranty.

If the service has not been rendered or only been rendered imperfectly, the customer has a right to make a claim. The customer agrees that instead of his claim to conversion or price reduction, Moldova Tours 2.0 – within a reasonable period – will provide an unobjectionable service or improve the imperfect service. Remedy can take place by removing the failure or by providing an equal or better replacement service that is subject to the customer’s explicit consent.

5.2 Compensation.
If Moldova Tours 2.0 violates the duties of the contractual relationship either intentionally or by negligence, the tour operator is obliged to compensate the damage. To the extent, the tour operator is responsible f o r other persons than his employees, he will only be liable – except in cases of personal injury – if he does not prove that they have acted in an intentional or grossly negligent way. Except in case of intention or gross negligence, Moldova Tours 2.0 will not be liable for objects that are usually not brought along unless h e has taken these objects in custody knowing the circumstances. The customer is therefore advised not to carry along objects of special value. Moreover, it is recommended to orderly keep the objects that have been brought along.

5.3 Notification of failures.

The customer must immediately inform Moldova Tours 2.0 representatives of every failure in the performance of the contract that he locates during the journey. This implies that the customer has been notified about a representative and that the latter is available on site without considerable efforts. If this notification is omitted, this will not affect the customer’s right to claim described under 5 .1. This omission can, however, be imputed to him as contributory negligence and thus decrease his possible claims for damages. In this respect it is, however, necessary that Moldova Tours 2.0 has informed the customer about this duty of notification in writing, either directly or via the agent. Equally, the customer must have been notified at the same time that any omission regarding this notification will not affect his right to claim, that it can, however, be imputed as contributory negligence. If applicable and for lack of a local representative, it is recommended to either inform the respective service provider (e.g. hotel) or Moldova Tours 2.0 about failures and to request remedy.

6. Assertion of possible claims.

In order to simplify the assertion of claims, the customer is advised to obtain a written confirmation regarding the non provision of services or improper performance respectively to secure receipts, evidence and witnesses. Consumer warranty claims can be asserted within 2 years. Claims for damages will become time-barred after 3 years. In the interest of the traveller, it is recommended to immediately assert claims after having returned from the journey directly at Moldova Tours 2.0 as upon an increasing delay, difficulties regarding the evidence have to be anticipated.

7. Cancellation of the contract.

7.1 Cancellation on the part of the customer before the beginning of the Journey.

a) Cancellation without cancellation fees.
Apart from the legally granted cancellation rights , the customer may – without Moldova Tours 2.0 having claims against him – cancel the contract if the following cases occur before the beginning of the service : if material components of the contract including the travel price are changed to a considerable extent. The frustration of the conditioned purpose and/or character of the travel event as well as an increase in the agreed travel price by more than 10% effected according to section 8.1 will in each case constitute such contract modification. Moldova Tours 2.0 is obliged to immediately notify the customer the contract modification and to simultaneously instruct him regarding the existing option to either accept the contract modification or the cancel the contract; the customer must immediately exercise his option. If Moldova Tours 2.0 is responsible for the occurrence of the event entitling the customer to the cancellation, Moldova Tours 2.0 is obliged to compensate the customer’s damages.

b) Claim to replacement services.
If he does not make use of the cancellation possibilities according to letter a) and in case of cancellation by Moldova Tours 2.0 without the customer’s fault, the customer may request the contract performance by means of the participation in any other equal journey if the operator is able to provide t h is service. Apart from the right to t h e option, the customer is also entitled to a claim for damages due to non-performance of the contract, unless the cases of 7. 2 take effect.

c) Cancellation with cancellation fees.
The cancellation fee is a percentage of the travel price and with regard to its amount, depends on the time of the notice of cancellation and the respective type of journey. The travel price or the package price is the overall price of the contractually agreed service. In all cases not mentioned under letter a), the customer is – against payment of a cancellation fee – entitled to cancel the contract.

Depending on the type of journey, the following cancellation rates result per person:

– Between 60 and 46 days before departure: 15% of the price of the journey
– Between 45 and 31 days before departure: 30% of the price of the journey
– Between 30 and 21 days before departure: 50% of the price of the journey
– Between 20 and 8 days before departure: 75% of the price of the journey
– Between 7 days until the day departure: 100% of the price of the journey

Notice of cancellation:
When cancelling the contract, you have to note the following: The customer (principal) may inform Moldova Tours 2.0 at any time that he will cancel the contract. In case of cancellation, it is recommended to do with a written declaration.

d) No show
No show means if the customer does not appear for the departure, whet her he does not want to travel or if he misses the departure for any negligence for which he is responsible or for any coincidence that happens to him. A no show is synonymous with a 100% cancellation fee.

7.2 Cancellation by Moldova Tours 2.0 prior to departure.

a) Moldova Tours 2.0 will be released from the contract if a minimum number of participants specified in the advertisement is not achieved and if the customer has been notified about the cancellation in writing within the following periods or those mentioned in the travel description : – until 20 days prior to departure in journeys of more than 6 days, until 7 days prior to departure in journeys of 2 to 6 days. If Moldova Tours 2.0 is responsible for the non-achievement of the minimum number of participants to an extent exceeding slight negligence, the customer is entitled to request compensation. This compensation is limited by the amount of the cancelation fee. The assertion of any damage exceeding this amount is, however, not excluded.

b) The cancellation is based on force majeure , i.e. due to exceptional and unforeseeable events that cannot be influenced by the party referring to force majeure and the consequences of which could not have been avoided despite applying the necessary care. This does, however, not include overbooking, but it includes governmental orders, strikes, war or situations similar to war , epidemics, natural disasters, etc.

c) In cases of letters a) and b), the customer will be compensated the deposited amount. He is entitled to the option according to 7.1.b, 1st paragraph.

7.3 Cancellation on the part of Moldova Tours 2.0 after the beginning of the journey .

Moldova Tours 2.0 is released from the contract performance if within the scope of a group travel, the customer lastingly and despite a warning disturbs the travel performance by grossly improper behaviour. If it was the customers fault, the customer is obliged to compensate Moldova Tours 2.0 for the damage he has incurred.

8. Changes in the contract .

8.1 Price revisions (See I our pricing policy).

8.2 Service modifications after beginning of the travel
.

In changes for which Moldova Tours 2.0 is responsible, the regulations as specified in section 5 will apply. If it turns out after the departure that a significant proportion of the contractually agreed services will or cannot be provided, the operator must – without additional remuneration – make suitable alternative arrangements so that the journey can be continued. If it is impossible to make such arrangements or these are not accepted by the consumer for valid reasons, Moldova Tours 2.0 shall, where appropriate, will provide the consumer, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed . Furthermore, in the case of non-performance or improper performance of the contract the tour operator is obliged, to assist the customer to the best of his abilities in the solution of problems.

9. Provision of information to third parties.

Even in urgent cases, information regarding the names of the travelers and their whereabouts will not be provided to third parties unless the traveler has explicitly requested an information provision. The costs caused by the transmission of urgent messages are for the customer’s account. Thus, travelers are advised to notify their relatives the exact holiday address during their journey.