GENERAL TERMS AND CONDITIONS REGARDING THE ACTIVITIES CONDUCTED BY SURF TRIP INTERNATIONAL S.R.L. WITH DURATION LESS THAN A DAY
- The conduct of activities that last less then one day is organized by SURF TRIP INTERNATIONAL S.R.L., with its registered office in Bucharest, Sector 2, str. Viesparilor, no. 36, registered at the Trade Register Office of the Bucharest Court under number J40/9517/2020, with SRC: 42891007, bank account RO73INGB0000999911136652, opened at ING Bank, telephone no.: 0756046099, e-mail address: email@example.com, holder of Tourism License no. 2363/01.03.2021, represented by Tiberiu Costel Balica, as organizing travel agency, hereinafter referred to as the Agency,
- SUBJECT MATTER OF AGREEMENT
- The Agency undertakes to organize and ensure the smooth running of the activity of [<automatically filled data] that includes the following: <automatically filled data>], which will be offered for a fee.
- In order to participate in the activity, the Participant must be present at the time and date agreed in the communication with the Agency
- The activity will last [automaticaly filled data] hours.
- The beneficiary will carry the following: [automaticaly filled data] .
- This Agreement shall enter into force on the date of signature and shall be valid until the termination of the activity.
- REMUNERATION AND PAYMENT METHODS
- As an equivalent value for the services provided by the Agency in favour of the Beneficiary, the Beneficiary undertakes to pay a price in the amount of [<automatically filled data].
- The payment of price will be made in EUR or RON equivalent at the rate of 5 RON/EUR and in RON, in cash or with card.
- In case of cash payment, the Participant will pay cash at the beginning of the Activity.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- AGENCY :
- It will provide the Beneficiary the necessary equipment according to the specifics of the activity, in good working order, to carry out the activity safely. The Participant can agree with the Agency to use his own equipment for some of the Activities organized by the Agency, case in which the Agency doesn’t have any responsibilities for the deterioration or misuse of that equipment.
- It will strictly comply with the timetable set out in Art. II regarding departure times and duration of Activities and the Agency will inform the Participant immediately in case of any changes in order to identify remedial measures .
- It is required that the services be provided only by persons specialised and experienced in the field .
- It shall immediately inform the Participant of any impossibility, modification or delay in the performance of this Agreement, and the Parties shall agree on the measures to be taken.
- Notify the Participant at least 24 hours before the start of the activity, in case the weather conditions according to the forecasts do not allow the activity to take place (wind speed is over 15 knots, or heavy rains and electric discharges) or the minimum number of participants to the activity has not been reached, in which case the Agency can return the money to the Participant or reschedule the activity.
- In case the weather conditions are uncertain according to the forecasts, the Agency can delay the decision of starting or suspending the activity, at maximum 30 min after the starting hour of the Activity.
- The Agency is not responsible for any damages suffered by the Participant in case he doesn’t precisely comply with the guide’s instructions about the route of the Activity, speed of movement, technique and usage of the equipment provided by the Agency, or if he is under the influence of alcohol or other substances.
- The Agency can refuse the Participant’s attendance to the Activity if he is under the influence of alcohol or other substances, or if he conducts a behaviour that disturbs the smooth running of the Activity.
- The outdoor Activities can start on any weather conditions that do not endanger the health of the Participants like heavy rainfalls, electric discharges or wind with speeds less than 15 knots. In case the weather conditions deteriorate into unacceptable conditions, after the start of the Activity, the Participants have to immediately head to the nearest guide, and listen to the guides instructions.
- Pays the price under the conditions provided by this Agreement.
- He/she follows the instructions and directions given by the Agency specialised staff and understands that if he/she suffers any damage as a result of not following the instructions and directions given, the Agency is not responsible for repairing it.
- He/she will be present at the place and time agreed with the Agency after booking the Activity.
- He/she allows the Agency to use photographs or video footage containing its image for the production of publicity material promoting the image of Agency.
- Announces immediately the Agency in the event of the discovery of any fault in the operation of equipment received with a view to its correction.
- Answers for anything malfunction direct or indirect misuse of the equipment.
- He/she notifies the Agency before the start of the Activity, that he/she cannot attend to the Activity and He/She is entitled to refunds according to the Cancellations Policy of the Agency, shown on the website www.supacademy.ro
- The Parties shall be released from any liability for partial or total non-accomplishment of the obligations contracted in case the Parties are under the effect of force majeure.
- Force majeure is considered an external and insurmountable event, beyond the control of either Party, which makes it impossible or delays the performance by either Party of its contractual obligations, as defined by the Romanian Civil Code. Force majeure includes, for example, the following situations: (a) extreme natural phenomena (earthquakes, floods, deluge, etc.), (b) war, hostilities (whether or not the war is declared), invasion, acts of foreign enemies, mobilisation of the army, military requisition or embargo, (c) rebellion, revolution, insurrection, military or civil coup, or civil war.
- The Party claiming inability to perform its obligations due to the Force Majeure Event shall notify the other Party in 48 ( forty-eight) of hours attaching evidence to that effect. If the Party fails to make the notification, it will not benefit from the rights given by the occurrence of the Force Majeure event.
- If the Force Majeure event and/or resulting situations objectively prevents the performance of the Agreement , either Party may terminate this Agreement by simple notice to the other Party in accordance with the procedure set out in Article XI below.
- Each Party expressly undertakes that this Agreement and/or any documents/annexes referred to herein are confidential (hereinafter referred to as “Confidential Information“) and shall remain confidential, and the Parties agree and undertake that, whether directly or indirectly, for themselves or for another, alone or together with any person or legal entity, at all times during the term of the Agreement, they will not disclose the contents of this Agreement or any other document relating to it to any person or authority not using this Agreement or any act related to it for any purpose other than the performance of this Agreement.
- An exception to this Article is when the request for Confidential Information comes from state authorities. In such a case, the Party concerned shall notify the other Party of the request for information.
- The parties agree that this Article shall survive after the ceasing of Agreement.
- The Agency will cause its affiliates, advisors, employees, representatives and agents involved in the performance of the Agreement not to disclose and to maintain the confidentiality clause for the terms and clauses set forth and all documents referred to in this Agreement.
- If any provision of this Agreement becomes invalid, unenforceable or illegal in whole or in part, the remaining provisions shall remain in full force and effect, unchanged, and the Parties shall meet as soon as practicable and in good faith to agree on the acceptance of a legal provision, which is closest in purpose and has an equivalent economic effect.
The service provision agreements ceases:
- by written agreement of the Parties;
- by the expiry of the contractual term ;
prior to the performance of the Agreement, if Force Majeure, as defined in Article VI objectively prevents the performance of the Agreement;
- Any dispute between the Parties in connection with the preparation or execution of this Agreement or its subsequent amendments, which cannot be settled amicably, shall be settled by the competent court of law according to the rules of common law in force.
- A notice or any communication given under this Agreement shall be given by telephone or by electronic means of distance communication, such as email or fax, and shall contain the details of the Party to be contacted.
- The contact details of the Agency are:
- Local Agency Representative: Last name Balica, First name Tiberiu Costel
- Address: Bucharest, Sector 2, Str. Viesparilor, no. 36
- E-mail address: firstname.lastname@example.org
- Tel.: 0756046099
- Or any other addresses that either Party notifies to the other Party.
- The clauses of this Agreement are subject to Romanian law.
- Any modification in the terms of this Agreement may only be made with the consent of the Contracting Parties, which must be expressed in writing.
- This Agreement represents the will of Parties and supersedes any other oral agreement between them, prior to or subsequent to its conclusion.
- The Agreement shall be supplemented by the provisions of Ordinance No. 2/2018 on travel service packages and related travel services, as well as for the amendment of some normative deeds, with those of the Civil Code as well as with the other applicable regulations in force.
SURF TRIP INTERNATIONAL S.R.L.