Travel package contract :
1. MAGELAN TOURS, with address: Rr. “Mine Peza” Pall. 1, Store 6, with the number: L71410019A and with License No. LN-2844-03-2017, represented by Mr. Later Hyka below will be called Technical Manager or Representative of MAGELAN TOURS.
2. Mr / Mrs ________________________, born in __________________, on ____ / ____ / ________ and resident at address ________________________________________________, with passport / identity card no. _____________, Proof of Proficiency No.______________, with procurement no. tel ____________ _____, below will be called “passenger”.
1. “TOURIST PACKAGE” AND THE RIGHTS OF THEIR SALES
2. Pursuant to Article 100 of the Constitution and Article 61 of Law No. 9902, dated 17.04.2008 on Consumer Protection, both as organizer and vendor of tourist packages, must be licensed to carry out their activities Persons or entities that do not have these attributes are deprived of the right to sell these bundles and may not play the role of a SUBAGING commissioned.
3. The customer has the right to receive a copy of the tourist package contract (in accordance with Article 47, point 8 of the law, which is the document required to apply for a decision under paragraph 19 of this article)
4. The Tourist Package consists of transport and accommodation advertised and sold together by a seller known as TOUR OPERATOR. Other add-ons can be added to this package as:
1. Different transfers
2. Excursions and various activities offered during the holiday period
3. Guide and Translator etc. etc.
5. Transportation may be scheduled by regular airline or via domestic or foreign charter airlines.
6. Accommodation may be of different forms and levels with food treatments of different standards and forms as well.
7. Touristic packages are organized by the Tour Operator and are sold to the customer by a Travel Agent. Some Agents are employed by Tour Tourists, others are independent.
2. Legal basis
The contract for the sale of a tourist package other than the general conditions is also regulated by the articles provided in the travel documentation supplied to the customer. This contract relates to the arrangement of travel, holidays and the sale of tourist services regulated by Law no. 1084 of 27 December 1977, run and executed by the International Convention on Travel Contracts, signed on 13 April 1970 in Brussels. Distance contract signed by the consumer (for all applications for contracts for leisure time services) is subject to the Legislation on Travel Package Contracts pursuant to Article 100 of the Constitution and Article 61 of Law No. 9902, dated 17.04.2008.
The reservation can only be made upon receipt of the general conditions of the contract by the customer. The contract is considered when MAGELAN TOURS confirms the reservation, with the relevant written information, via email, fax or by telephone. Specifications about the package or additional tourist services are included in the bid notes and details and appear before the signing of the contract, as foreseen by the applicable law. If the tourist product created by MAGELAN TOURS advertised on the web at www.magelantours.com or published in the brochure requires a minimum number of participants, the organizer has the right not to complete the trip if the minimum number of participants is not reached. The organizer has the right to notify the customer of the cancellation of the trip from 7 to 1 day before departure, returning all the payment made during the reservation. The minimum number of people to travel is 20.
1. MINIMUM 50% of the total price of the package must be deposited at the time of booking and all the amount must be paid up to 7 days prior to the trip. In case of cancellation of the booking, based on art. 6, the organizer has the legitimate right to hold the amount received as a valid partial payment to cover the cancellation fee. Failure to pay the sums mentioned above on the due dates has a special clause that specifies the cancellation of the contract for the sale of tourist packages, in addition to compensation for further damages caused to the organizer.
2. 100% of the full package price must be deposited at the time of the reservation in the case of packages including airline ticket or hotel offer. This is communicated to the customer at the time of booking.
1. The price of the tourist packages is published in the catalog and on the website www.magelantours.com is expressed in EUR and is based on the prices contracted by the organizer for hotels, the prices of air transport calculating the fuel price 500 USD / ton phobe and additional costs, such as Mandatory taxes paid on the spot are always reflected in the details and the details of the offer.
Price may change if elements change such as: the cost of transport including the cost of fuel; taxes and fees of some of the tourist services, such as landing and landing fees; exchange rate that applies to packages, cancellation of offers from hotels. Regarding such changes, they will refer to the exchange rates and costs mentioned above, as well as the respective prices mentioned at the time of booking, regardless of the price published on the website. For customers who have booked before these changes, there will be no change in price, no extra payment will be required.
6. Obligations of Reservations and Penalties
1. Reservation will be made by the agency using the booking form. The organizer of each booking must inform the customer of the terms and conditions of the package and of their general terms of purchase and penalties in case of cancellation, orienting it to the published rule on the website or by providing a printed copy.
2. PENALTY IN CASE OF CANCELLATION OF RESERVATION
Cancellation up to 7 calendar days prior to departure. The customer has the duty to pay all organizer costs for this cancellation as follows:
1. The package includes airline ticket – in this case the organizer retains the costs of the penalty paid for cancellation against the airline, which may be from 0-100% of the payment. The costs become known to the customer when he decides to cancel.
2. The package includes the reservation of a hotel which is on offer or offers for early booking – in this case the organizer retains the costs of the cancellation fee against the hotel, varying from 0-100% to the hotel. The costs become known to the customer when he decides to cancel.
3. All other costs paid by the organizer, including bank transfers. .
Cancellation of 7 calendar days up to the day of departure entitles the Company to maintain 100% of the total value of the Package
7. Cancellation by the Customer without Criminal
The Customer may withdraw from the Contract without paying penalties in the following cases:
1. Price increase (under Article 5 above) by more than 10%.
2. Significant changes to one or more elements of the contract, which are considered essential for the full realization of tourist packages but prior to departure, which are not accepted by the customer. In the above mentioned cases, the consumer is entitled to:
To have the advantage of an alternative tourist package, no extra cost or with the return of the sum in case of additional payment if the second tourism package is lower than the first one.
Take over only the amount of money already given. Refunds must be made within 7 working days from the receipt of the written application form for refund.
3. The customer must submit his decision (accepts the change or withdraw) within and not over two business days from the time the notice has been given for raising or changing the prices. In the absence of definitive communication, within the time mentioned above, the proposal formulated by the organizer is considered accepted.
8. Changes from the customer
Modifications requested by the customer for a contracted agreed booking are not mandatory for the organizer. In case the organizer can make the change that the consumer requests, the customer has the right to make this change by taking account for the respective cost charges that result from the hotel’s price difference and the seasonal fare price. These costs are communicated to the customer at the moment of communication by the customer for the desired changes.
9. Changes from the organizer
In the event that after the departure the organizer can not offer an important part of the service included in the contract for any reason (regardless of circumstances depending on the customer), alternative solutions should be offered to the customer at no additional charge. If the value of the service provided is lower than the estimated service value, the difference between them will be reimbursed. If an alternative solution is not possible or if the solution offered by the organizer has been rejected by the consumer for serious and just cause, the customer will only be reimbursed for that portion of the missing service.
10. Transfer of the reservation
The customer has the right to be replaced by another person if:
1. Give a written notice to the Organizer at least 4 business days prior to the date of departure, giving at the same time the name and surname of the substitute;
2. The Replacer fulfills all the conditions for the performance of the service, the requirements relating to travel passport, visa, health insurance, hotel accommodation and transportation;
3. The surrogate person must reimburse the organizer for the expenses it makes for the substitution
4. The waiver customer is responsible for the payment of the package price balance and the replacement costs mentioned in part c) of the item.
5. As to some of the services, it may happen that the third parties that provide the service may not accept the name change even if it is done according to the rules cited in part a) of the article. Magelan Tours will not be liable for the possibility of third party refusal to change the name. This refusal will immediately be communicated to the relevant parties by Magelan Tours prior to departure.
11. Obligations of the Participant
12. Participants must be provided with valid personal passports or other valid documents for travel to the designated country, as well as a health certificate if required. Children up to 18 years of age traveling without a parent or 1 parent must have special proxies allowing travel abroad.
13. Travel health insurance is advisable for every traveler and is not included in tourist packages.
The organizer is not obliged to notify the passengers of the aforementioned documentation and also has no responsibility in cases where the employees at the border points do not allow their passage due to the lack of the aforementioned documentation. Moreover, the tourist must behave culturally and respect the particular duties and rules pertaining to the country of destination, all the information provided by the organizer, as well as the administrative and legal regulations and regulations pertaining to tourist packages. The participant will be responsible for all damages caused to the organizer as a result of the irregularity of the fulfillment of the above obligations. The customer must submit to the organizer all documents, information and elements pertaining to him, which may be necessary to exercise the right of self-defense to third parties, responsible for the damage. The organizer calls the customer responsible for the obligations in the self-defense right. At the time of booking, the customer will communicate to the organizer in writing the necessary details that may be part of a special agreement such as the travel guide, provided that their realization is possible.
12. Classification of the hotel
Official classification of hotel structures is provided in the catalog (in paper or electronic form) or with other informative materials, based on official declarations of the competent authorities of the country where the service is provided. The hotel classification is not made by the organizer or structures of the hotel. his. In the absence of official classifications recognized by the competent Authorities of the European Union Member States to which the service refers – with a view to detailing in detail the quality of the hotel accommodation offered and to make the customer aware of his choice – the customer has the duty to individually check the features of the hotel chosen by himself or by the agency on the Internet at www.tripadvisor.com or www.booking.com.
In case the tour package is group travel with guide, the category of selected hotels is determined by the organizer. In case the hotel names are not specified in the program, the organizer has the right to decide on hotel names up to 2 days prior to departure but without changing their category.
In cases where the tour package is individual travel or charter trip, the organizer suggests hotels from which the customer chooses. The customer has the duty to make individual inquiries on the internet about the quality, location, criticisms for the hotel chosen by him. The organizer gives suggestions, recommendations based on his experience, but does not hold any responsibility for the choice of the consumer. The organizer has the duty to reserve the type of room and hotel chosen by the customer. The organizer is not liable for the lack of service or any deficiencies in the hotel. From the moment of reservation, the customer becomes the hotel’s customer and has the right to request the account of the hotel’s management staff for any deficiencies in the service.
The organizer is responsible for damages caused to the customer as a result of the full or partial failure of the services described in the contract, unless the organizer can prove that the event depends on the consumer (including the initiatives undertaken by him independently , during the execution of tourist services) or on events that are not related to the provision of services described in the contract, incidental events, accidents, supernatural phenomena, or circumstances that the organizer can not anticipate or resolve on the basis of a principle of professional care. Under no circumstances, the seller who makes the booking of the tourist package will not be responsible for the travel organizer’s obligations. However, the seller is solely responsible for the obligations arising from his activities as intermediaries, in accordance with the limits of the responsibilities established by the aforementioned laws and conventions. In case of bankruptcy, Kalemi Travel makes available the assets of the company for the repayment of customers. Kalemi Travel is also responsible for maintaining confidentiality of customer data only when they reach the database and not during their transmission.
14. Compensation limits
In no case, the compensation of the organizer will not be greater than the compensation of indemnity set by the international convention in respect of events occurring as a result of non-fulfillment of responsibilities. In the event of the amendment of these conventions or the formulation of new international conventions regarding the objectives of tourist package services, the remuneration limit shall be in accordance with the law in force at the time the unfortunate event occurs.
15. Forced Assistance
The organizer is obliged to provide customer assistance on the basis of the principles of professional care only in relation to its obligations, either under contract or legal rules. The organizer and the seller are exempt from their responsibilities when the unsuccessful or wrongful execution of the contract depends on the customer or unforeseen and inevitable cases of third parties, or by an incidental act or supernatural occurrence or by bankruptcy of the companies airlines, hotels, or transport companies.
16. Complaints and charges
Any unsuccessful execution of the contract must be notified by the customer at that moment. In this way, the organizer or local representative can immediately find compensation for it. The customer may file a complaint by sending a registered letter, invoice, organizer, within 10 working days from the date of return to the place of departure. If the complaint is made at the place of execution of the tourist services, the organizer should help the customer in order to find an optimal solution. Likewise, even if the complaint is reported at the end of the service, the organizer must provide and guarantee anyway a reasonable response to the consumer’s request.
In case the insurance is not included in the price, it is possible before departure, and it is recommended to provide special health insurance covering expenses incurred by the cancellation of tourist packages, illnesses, accidents or lost luggage.
18. Personal Data
Magelan Tours clarifies that the information provided by you will be processed according to the purpose given or your consent or under the terms of the Albanian Legislation. These data are not disclosed to third parties without your prior consent in accordance with the Albanian Legislation for the Protection of Personal Data. Any information provided is in accordance with the Albanian Law No. 9887, dated 10.03.2008 “On the protection of personal data” and other supplementary regulations. Also the user confirms that the submitted data are authentic and accurate. At the time of submitting these data, the user acknowledges that these data are used for internal purposes in the agency as well as accepts their processing. Providing personal data, such as personal phone number or email, is free of charge. The Agency may also have obtained your information from other companies that are part of their trading activity in the collection and sale of data. At the same time, Magelan Tours needs to use your information to enable consultation about using the services to you.
To provide you with the best services, Magelan Tours will only use your personal information for direct marketing purposes such as placement of group photos or personal photos on the Facebook page or in other networks social. You may choose not to contact the entire marketing area either directly or indirectly, or even for specific categories. Thus, you can make a special complaint about: phone, direct mail; Facebook; e-mail; outbound telemarketing; and market research participation.
Based on Law No. 9887, dated 10.03.2008, the user through a request has the right to see his personal information stored voluntarily or may request to correct them.
19. Place of jurisdiction / arbitration clause
Disputes between the two parties will be resolved by mutual agreement, otherwise the jurisdiction of the dispute lies with the First Instance Court, Tirana.
Passenger Technical Director