OUR AGREEMENT WITH YOU
We are Trail Trips SRL, Company Number 38798377, having its Registered Office address at Ilarie Mitrea Street, Rasinari, Sibiu, 557200, Romania and Our Agreement With You sets out what you are legally entitled to expect from us when you buy a Package Holiday or any services from us and will not apply to any course of dealings between us other than the Package Holiday booked. Because we sell a wide variety of Package Holidays you should read these terms and conditions carefully, before you book, to see how they affect your specific travel arrangements made by us.
1. Your Travel Booking
Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name and travel on holidays with us and take up the offers advertised by us if they are still available. You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured on holiday. Any person who is under 18 years old must be accompanied by an adult on his or her journey. There may be other restrictions and conditions on some offers, but these are explained in the details of those offers. When you or (if you are booking through a travel agent) your travel agent ask for your booking to be confirmed, we will confirm the booking there and then, and set aside your chosen accommodation, holiday or transport for you. Next, we will send you or your travel agent a Confirmation Invoice within 14 days. We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may issue a Confirmation Invoice. However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund.
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. We will be responsible for the proper performance of all the travel services included in the package. We may transfer your booking to another company in our group, but this will have no effect on your holiday arrangements.
2. The Price You Pay
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the date of this publication.
We reserve the right to add a fuel supplement to holiday prices should this increase after the date of this publication. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. We reserve the right to increase the price of your holiday after you have booked but no later than 20 days before the departure date stipulated and will forward an Amendment Invoice reflecting any changes made and will provide you with justification and a calculation of how the increase has been calculated. After a Confirmation Invoice has been sent to you, any increase to your holiday price will only be as the result of the direct consequences of changes in;
1. the price of the carriage of passengers resulting from the cost of fuel or other power sources;
2. the level of taxes or fees on the travel services included in the package travel contract imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
3. the exchange rates relevant to the package
An administration charge and any relevant travel agent’s commission is included within these amounts.
If any of the costs detailed above decrease before your departure date, you will be entitled to a price reduction and will receive a refund of the amount due less any administrative expenses we have incurred.
If the increase would be 2% or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, less any administrative expenses we have incurred.
If the increase is more than 8% of the holiday price (calculated as above), then:
1. You may cancel your holiday booking within 14 days of the Amendment Invoice date and receive a refund of all monies paid to us except any amendment charges; we will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or reuse your policy; and
2. the increase will be considered a Major Change as described in section 4 below and, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in section 4 for those circumstances, but in either case you will receive compensation in accordance with section 4.
The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your holiday booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us. Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we will charge you a fee of €20 per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).
3. If We Cancel Your Booking
We aim to provide your holiday as booked. But if, for example, you do not pay the balance of the holiday price on time, we may cancel it.
We may also cancel your holiday when there are not enough people booked and we have notified you of the minimum number required. In these circumstances we’ll let you know based on the duration of your holiday as follows:
|Duration of your package||Notice of cancellation|
|More than 6 days||20 days before departure|
|Between 2 and 6 days||7 days before departure|
|Less than 2 days||48 hours before departure|
We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday, except where this is because you have not paid, you can either have a refund or accept a replacement holiday from us of equivalent or similar standard and price, if we are able to offer you one.
- If We Change Your Booking DetailsWe hope that we will not have to make any change to your holiday but, because our holidays are planned many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. We will let you or your travel agent know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your arrival. Your Confirmation Invoice will show the latest planned timings.
Major Changes To Your Holiday
Occasionally, we have to make major changes to transfers or accommodation making up your holiday with us.
Major changes to your holiday for which we will pay compensation unless the change is for reasons beyond our control may include a price increase of more than 8%, or a significant change to any of the main characteristics of the travel services including a significant change of journey or destination; a change in accommodation to that of a lower category, a change in the time of your departures. These changes are only examples and there may be other significant changes which constitute major changes.
If we tell you about any of these changes after we have confirmed your holiday booking, you may either:
– accept the new arrangements offered by us; or
– accept a replacement holiday from us of equivalent or similar standard and price, at the date of the change, if we are able to offer you one. We may offer you a replacement holiday similar to your chosen experience. Should you choose this option the terms and conditions of your holiday will not change and these conditions still apply to your booking; or
– cancel your holiday with us and receive a full refund of all monies paid.
This standard payment will not affect your statutory or other legal rights. We will only make one payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard payment.
If The Change Is Not Acceptable To You
If any major change indicated above is not acceptable to you, you can cancel your holiday booking. In this case, we will refund all the money you have paid us and will pay you depending on how many days before your holiday we tell you about this change unless the change is for reasons beyond our control (see ‘Important Note – Events Beyond Our Control’). This standard payment will not affect your statutory or other legal rights.
Important Note – Events Beyond Our Control
Events beyond our control include but are not limited to: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure relevant flying rights, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events.
In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us.
5. What Happens To Holiday Complaints
We can usually sort out any complaints you may have. But if we cannot agree and you made your booking online you can access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/.
6. Our Responsibility For Your Holiday
We will arrange for you to receive the travel services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. Except where we are a Booking Agent we are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your holiday is not provided as described, we will pay you compensation, if appropriate, unless this is due to reasons beyond our control (see ‘Important Note – Events Beyond Our Control’).
We have taken all reasonable care to make sure that all the services which make up your holiday advertised by us are provided by efficient and reputable businesses. These businesses should follow local standards.
- Personal Injury
Please read the Agreemets suitable for your vacantion.
From time to time we may introduce you to reputable third party suppliers of excursions or other leisure services. If you choose to enter into a contract for the provision of excursions or other leisure services, your contract will be with that supplier directly and we act only in the capacity of an agent, and therefore would have no liability for the proper performance of that contract.
The terms and conditions in this “Our Agreement With You” will not apply to any contract for the provision of excursions or other leisure services.
YOUR AGREEMENT WITH US
9. Your Contract
By asking us or your travel agent to confirm your booking, you are accepting on behalf of all persons travelling on this booking that the terms of this Agreement, which incorporate the information, restrictions and constitute the entire agreement between us with regard to your booking and your travel arrangements. You also consent to our processing personal information about you and other members of your party. Where the context permits, reference to “you” and “your” will include you and all persons travelling on this booking. Your contract with us shall be governed by and construed in accordance with the laws of Romania and UE. You agree to submit to the exclusive jurisdiction of the courts of Romania and UE over any claim or matter arising under or in connection with your contract with us.
It is a condition of booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. This is known as Advanced Passenger Information, sometimes known as APIS.
The information you must provide will include, but not be limited to, full name – as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date, and for travel to the United States, your country of residence and the address for your first night’s stay. You must provide this information to us between booking date and 7 days before arriving.
It is your responsibility to comply with all passport, visa and other immigration requirements. Your passport and travel documents must be intact; you may be refused travel if they are damaged or have been tampered with. We do not accept any responsibility if you cannot travel because you have not complied with these requirements.
10. Paying For Your Travel Arrangements
You will be required to pay a deposit to us for each person when you book unless this is within 30 days before your arrival when the full amount for the booking is payable and nonrefundable. The deposit amount will be specified by us or your travel agent when your booking is made. If it is not specified then it will be the amount that we ask you to pay when you book, even if this is 100% of the holiday price. If you pay less than the deposit under a low deposit booking scheme, then this is only part of the deposit referred to in this paragraph. The remaining deposit will be due on cancellation or date specified at time of booking or on your confirmation invoice. Please note your booking deposit may be increased or there may be a charge payable for some accommodation, holidays or flight bookings where it is necessary to secure specific facilities with full payment at the time of booking. Once confirmed, the booking deposit, additional charges paid and insurance premiums will not be refunded in the event of cancellation except in the circumstances specified in Sections 2, 3 or 4 or as otherwise required by law.
This is your only commitment until 30 weeks before you arrive. Within 4 weeks of booking, we will send you a Confirmation Invoice showing how much you owe us. You must pay the amount on the last Invoice issued by us, at least 30 days before you go on holiday. If you don’t, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total on that last Invoice, in accordance with the scale in section 12.
If you pay by direct debit we will provide you with a confirmation setting out the payment amounts and due dates by which these payments will be made by you. The full payment will be required by 30 days before your arrival. In the event of two failed attempts to collect any direct debit payment we will cancel the direct debit mandate and you will be required to make payment by another method as detailed above.
11. If You Change Your Booking
1. You must ensure all names and details are entered correctly at the time of booking. You will receive an invoice once your booking is confirmed and must contact us straight away if there is something that you need to correct, or if you don’t receive an invoice within 7 days of confirming your booking.
2. Subject to Section 11.4, you may transfer your booking to another person, providing the following conditions are met:
– You provide us with at least 30 days notice and authorise the change in writing, which includes email
– The new lead passenger accepts the transfer and the terms of Our Agreement
– That person complies with the terms of the existing booking
– That person has valid holiday insurance – you cannot transfer your holiday insurance to the new lead passenger.
We’ll charge amendment fees to change a name on a booking outside 30 days to arrival; these will be added to the new invoice. The new lead passenger, and you should they fail to pay, will be responsible for the payment of any balance due on that new invoice.
3. We charge an ‘Amendment Fee’ for each detail of your booking we allow you to change, see guide to our amendment fees table below. Please note that more major changes, including but not limited to, travelling later than planned, changes which lower the basic price of your holiday, and changes which result in your holiday ceasing to be a Package Holiday will be treated as a cancellation and incur the appropriate charges in line with Section 12.
4. When changing your holiday details, the price of your new travel arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking.
Some accommodation is priced according to the number of people staying there. If your party size changes, we’ll recalculate your booking cost based on the new number of people going. If fewer people share the accommodation, then the cost per person may go up. This extra cost isn’t a cancellation charge, and it isn’t normally covered by insurance.
5. Some arrangements cannot be removed once they have been added to your booking. These include: transfers, children’s activities, accommodation options such as room upgrades and late checkout rooms. Certain extras, such as excursions, theme park tickets and airport extras may be non-refundable. We will make this clear when you book those arrangements, please check with us if you are unsure at the time of booking.
A €50 per booking charge will be applied if you cancel vehicle/ boat/ equipment hire insurance more than 7 days after the initial holiday booking.
Guide To Our Amendment Fees
|Changes||30 days or more to arrival||29 – 15 days to departure||14 – 0 days to departure|
|To change a name, passenger or passenger type||€25 per person||€25 per person||€25 per person|
|To change accommodation, airport transfer, duration and/or to travel earlier than planned*||€50 per person||100% of original cost||100% of original cost|
|To travel later than planned||Cancellation charges apply – see section 12||Cancellation charges apply – see section 12||Cancellation charges apply – see section 12|
* please note this is available only if applicable and there won’t be any reduction in the price you pay, even if your new travel arrangements are cheaper than the original booking.
12. If You Cancel Your Booking
If you want to cancel your booking, or part of it, you must contact us as soon as possible. If you have made your booking through a Travel Agency, your agent must advise us of your request to cancel. Once your booking has been cancelled you can expect to receive a cancellation invoice within 30 days. If you don’t please contact us.
To cover the cost of processing your cancellation, and to compensate us for the risk that we may not be able to resell your travel arrangements, we’ll make a cancellation charge on the scale shown below. You are responsible for paying this charge.
Guide To Our Cancellation Charges
These charges are based on how many days before your booked arrival we receive your cancellation notice, and are a percentage of the total cost of your booking, not including your insurance premium. If you want to cancel one or more passengers on the booking you’ll have to pay a proportion of the applicable cancellation charge for those passengers.
|Period Before Departure When Notice Of Cancellation Is Received||Percentage Of Total Booking Price|
|Any time after booking||Loss of deposit|
|30 – 0 days||100%|
Your deposit is non-refundable, even if the cancellation charge calculated is lower than the deposit amount paid. Where extra facilities or transport options, see Sections 10 and 11.4, are non-refundable, in part or in full, the cost of these will be added to the cancellation charge you have to pay.
If you booked using a Low Deposit Offer, the full deposit amount stated on your confirmation invoice will need to be paid upon cancellation.
The cancellation charge may be higher for certain travel arrangements, such as coach tours or scheduled tours and fares. Please ask for details of cancellation charges when you book and check your insurance policy to see if you’d be covered for the cost of any cancellation charges.
13. If You Have A Complaint
You must inform us without undue delay, taking into account the circumstances of the case, of any lack of conformity which you perceive during the performance of the travel services included in the package travel contract. If you have a complaint whilst away, you must immediately notify the supplier of the service in question (e.g. your hotelier) and our representative and complete a report form whilst in resort. If they are unable to resolve the problem, or a member of our staff is not available, you should contact us straight away by email and we will endeavour to assist. If you are still not satisfied on your return home, you must write to our After Travel Customer. Please write your holiday reference number on your letter, and include all relevant information, as well as your daytime and evening telephone numbers. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
14. Your Conduct
We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or agents in Romania and UE or resort in any risk or danger, on the telephone, in writing or in person.
If the any of our partners, resort staff or agents believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from a ship or aircraft, or remove you from your accommodation or excursion.
As a result of your behaviour during any stage of your holiday including on in any accommodation, cruise or excursion, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated.
For the purposes of this section reference to “you” or “your” includes any other person in your party.
15. Your Accommodation
Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.
16. Contacting You
If you book via our website or have opted in other circumstances for us to contact you via email, we will communicate with you using the email address you have provided. For example, to provide your e-confirmation, e-ticket, e-cancellation, etc. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via our call centre or in writing as required in our terms and conditions.
Trail Trips SRL Registered number 38798377. Calls may be monitored and recorded.