THE "TOURIST PACKAGE" AND THE RIGHTS OF THEIR SALES?
- Pursuant to Article 100 of the Constitution and Article 61 of Law No. 9902, dated 17.04.2008 on Consumer Protection, as organizer of tourist packages, must be licensed to carry out their activities.Persons or entities that do not have these attributes are stripped of the right to sell these bundles and can not even assume the role of a commissioned SUBAGING.
- The customer is entitled 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)
- 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:
- Excursions and various activities offered during the holiday period
- Guide and Translator etc. etc.
- Transportation can be scheduled by regular schedule or through domestic or foreign charter airlines.
- Accommodation can be of different shapes and levels with foodstuffs of different standards and forms as well.
- 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 independend .
- Legal basis A contract for the sale of a tourist package in addition to the general conditions is also regulated by the articles provided in the travel documentation supplied to the consumer.
This contract relates to the travel, vacation and sale of tourist services regulated by Law no. 1084, of 27 December 1977, executed by the International Convention on Travel Contracts, signed on 13 April 1970 in Brussels.
The distance contract signed by the customer (for all applications for contracts for leisure time services) is subject to the Legislation on Travel Packages Contracts in support of Article 100 of the Constitution and: TISA TOURS SHPK BULEVARDI * ISMAIL QEMALI * Neighborhood: 29 NENTORI .building.455, Floor 1, 4201 VLORE
VKM(the decision of the Council of Ministers) nr. 65, dated 21.1.2009, “On package travel contracts”. Law no. 9902, dated 17.4.2008, “On Consumer Protection” as amended. Law No. 93/2015, “On Tourism”. Law no. 7850, dated 29.07.1994 “Civil Code of the Republic of Albania”
Rule on Albanian passports in travel
ALBANIAN PAPER MUST BE MORE THAN 6 MONTHS AVAILABLE TO BE LOCATED IN CHARTER DESTINATIONS.
- LEGAL BASIS
VKM( the decision of the Council of Ministers) nr. 65, dated 21.1.2009, “On package travel contracts”.
Law no. 9902, dated 17.4.2008, “On Consumer Protection” as amended.
Law No. 9734, dated 14.5.2007, “On Tourism”.
Law no. 7850, dated 29.07.1994 “Civil Code of the Republic of Albania” as amended
- FIELD OF APPLICATION
This contract regulates the contractual relationship for travel packages between the organizer and / or the seller and the customer.
The provisions of this contract on the organizer apply equally to the seller, as the seller is solely responsible with the organizer for the obligations deriving from the contract.
DEFINITIONS OF "Contract"
“Contract” means the agreement between the customer and the organizer and / or retailer in which the consumer is obliged to pay a certain inclusive price against the travel package provided by the organizing party.
“Travel Package” means the service that provides the consumer with a pre-designed combination of not less than two of the following types of services: (i) Transport; (ii) housing; (iii) other tourist services that are not directly related to transport or accommodation and which constitute a significant part of the package; as well as covering a period of not less than 24 hours or including accommodation, at least for one night.
“Agency”: Registered legal person who carries out the activity of providing, finding and enabling tourist trips, travel tickets in different modes of transport, and tickets for sporting or cultural activities for clients in exchange for payment.
“Reservation” means the storage or ordering of a tourist product such as travel, accommodation or tour package by the agency, upon customer’s request.
“Confirmation” means a) verification of the availability of a reservation, or b) the final settlement by which the client pays the obligations to the agency and the agency permanently stores the reservation of the client.
“Hotel” means a building or group of connected buildings independent of any other construction site, with not less than 6 (six) rooms, within a single piece of land in which accommodation, additional services and amenities are provided to the public by a qualified staff.
“Refund” means the amount of money the agency is required to pay back to the customer in case of non-performance of the agreement for its fault or in the cases provided for in this document.
4.1 Obligations of the agency
4.1.1 The agency staff is obliged to explain all the offers for which the client expresses interest. The agency staff is obliged to respond, within official hours and in the manner agreed upon, to any questions or uncertainties of the client.
4.1.2 The agency staff shall be obliged to provide the consumer, in writing or in any other appropriate form, prior to the conclusion of the contract, with general information on the applicable visa and passport requirements, in particular, on the time limits for equipping them , as well as information on health formalities, travel and stay.
– The Albanian passport for charter trips should be valid for over 6 months.
– Visa equipment: When the agency prepares tourist packages for travel to destinations requiring a visa for Albanian citizens, the agency will facilitate the application process for its clients by collecting the documents and sending them to the embassies concerned.
The Agency shall not be held liable if the Customer is not granted an entry visa. The client is also informed about the additional costs of the visa application, when it is not included in the package price.
– Travel insurance: Health insurance is not included in the package price, unless otherwise stated. In any case, the client will be advised of the necessity of the insurance covering the costs of assistance including repatriation, accident or illness.
4.1.3 The agency staff is obliged to explain the procedure to be carried out in order to enable travel according to the requirements of the client as well as the necessary documents that the client has to submit to the agency.
4.1.4 The agency’s staff is obliged to respond to the customer’s needs with regard to hotel reservation, transportation etc. If the client has chosen to accept one of the bids prepared by the agency, then the agency staff will only be responsible for the hotels and the transport specified in the offer.
4.1.5 The Agency declares that it is responsible for any bids advertised on the online web pages www.tisatours.al, in the brochures and catalogs produced by it, as well as any offers advertised by the agency staff.
4.1.6 The Agency is not responsible for the damage or loss of luggage or personal belongings to aircraft, airports, ports, boats or hotels.
4.1.7 The Agency is responsible for the damage or loss of luggage and personal belongings in the means of transport provided by it itself for the carriage of the customer from the airport, the port in the direction of the hotel and vice versa, to visit various tourist spots as well as travel to the city (city tour).
4.2.1 The agency’s staff is obliged to provide you 7 days before the start of the journey: Name of the company, address and telephone number of its local representative in the place to be visited and, in the absence of a representative, data to contact the local agencies of the country to be visited, which may provide assistance to the customer, if in difficulty.
4.2.2 In the absence of such local agencies, the agency staff will give you an emergency phone number or any other information that enables you to contact the organizer.
4.2.3 The agency’s staff is obliged to inform you of timetables and intermediate stop spots and travel compartments, as well as details of the places to be caught by the traveler, such as cabins or berths on ships, divisions sleeping on the train. In the rules of the agency is foreseen the accompaniment of groups with professional guides, local and Albanian, both for cultural programs and for holiday packages, who not only inform you about the travel details but also are your point of contact with the agency for each problem possible.
4.2.4 The Agency will make available to you an insurance contract with an insurance company covering its liability for damages caused as a result of non-performance of obligations, including insolvency and bankruptcy cases.
4.2.5 The agency staff is obliged to notify you in writing about all terms of the contract and to provide you with a copy of these terms.
4.3.1 The Agency will not be responsible in the event of a travel cancellation due to majeure force, natural causes, popular protests or war status announcements at the destination selected by the client as well as any incident occurring due to such reasons. The solution will be found by agreement between the agency and the client.
4.3.2 If the minimum number of participants foreseen for organizing the package is not fulfilled, then the agency has the right to cancel the trip. The forecast of the minimum number varies according to the destination and the period of the year when a package is promoted, however it will always be made known at the moment of publication of the package. The customer will be notified of this cancellation 15 days prior to departure.
4.3.3 If the agency annuls the package before the agreed delivery date, the customer has the right to choose one of the following options:
– Provision of a replacement, equivalent or higher quality package when the organizer or seller is able to offer
– Provide a replacement package with a lower quality. In such case, the organizer or seller must compensate the customer for the difference between the canceled travel package and the one offered;
– Return of all the amount paid by the customer, according to the travel package contract, within 7 days from the date of giving notice of waiver.
4.3.4 Otherwise, the consumer is entitled to seek compensation from the organizer for all damages, material and immaterial, except for the provisions set forth in clauses 4.3.1 and 4.3.2 of this contract.
4.3.5 The customer has the right to waive the contract without penalty up to 25 days prior to departure.
4.3.6 In case, the customer waives the contract overcoming the above deadline then he is obliged to compensate the agency for the expenses incurred for his booking. The amount will be determined in accordance with the cancellation deadlines set out in this contract.
5.1 Customer rights
5.1.1 The client has the right to benefit from the offer according to the information provided by the agency staff.
5.1.2 The client is entitled to request detailed travel information during the agency’s working hours, in the ways of contact specified by the agency.
5.1.3 The client is entitled to claim refund in the event of cancellation of the travel by the agency, in the event of a change of hotel or of a fault by the agency, in case of non-fulfillment of the package offered by the agency.
5.1.4 The client has the right to waive the travel package contract without any penalty or penalties if the organizer is unable to provide the valid insurance contract
The client is obliged to pay the payments according to the agreement agreed with the agency.
5.2.2 The client is obliged to appear at the place of departure on the date and time appointed by the agency.
5.2.3 The client is obliged to provide the number of participants on the trip, whether he is responsible for them or whether it is a group trip.
5.2.4 The customer is obliged to behave correctly and according to the laws and ethical norms of the host country where the journey is organized, according to the organizer’s instructions. The customer is obliged to compensate the organizer for any damage resulting from disrespect of this obligation.
5.2.5 The client is obliged to determine whether to take pets with himself.
5.2.6 The client is obliged to determine whether he or she will be in charge of the juvenile. For juveniles traveling without the presence of both parents, parenting is required.
5.2.7 The Client is obliged to notify any non-fulfillment of the tourist package contract, which he distinguishes in the country, the service provider concerned and the agency, in writing or in any other appropriate form, with the most opportunity.
5.2.8 If the customer waives the contract for exceeding the above deadline then he is obliged to compensate the agency for the expenses incurred under the terms set for the cancellation deadlines.
TRANSFERS OR CHANGES
6.1 The customer in the travel package contract also has the right to transfer his rights and obligations to a third party meeting the conditions set out in the travel package. In such a case, the consumer is obliged to notify the agency 15 days prior to departure for the purpose of transferring his reservation to a third party.
6.2 The customer, who transfers his rights and obligations under the travel package contract and the person to whom the travel package is transferred, are liable, in solidarity and separately, to the agency for payment of a fixed amount of the total price and for any additional costs arising from this transfer. The amount to be paid varies depending on the notice time as well as the costs placed by the respective suppliers.
6.3 The agency staff is obliged to enable a change of the itinerary according to the requirements of the client, within the limits set forth in this agreement. If this change requires a financial cost, this cost will be paid by the customer.
The deadline for making a reservation is at least 14 (fourteen) days before the date set for the performance of a trip. The Agency is not responsible if, within this period, there are no vacancies in the hotel or in the means of transport.
7.2 If the reservation made by the customer is canceled by himself before 21 (one and a half days) days or more days before the trip, the customer is returned the full amount paid on behalf of the agency. If an expense has been incurred before the cancellation, this expense will be deducted from the amount that the client will receive. Expenditures also include the banking commission in the case of payment by credit or debit card.
7.3 If the reservation made by the client is canceled by himself 10 (ten) to 20 (twenty) days before the trip, the client is entitled to refund up to 50% of the amount paid for the reservation. The client will pay the transfer costs and administrative costs that may have been incurred for service to him. Expenditures also include the banking commission in the case of payment by credit or debit card.
7.4 If the reservation made by the customer is canceled by himself 4 (four) to 9 (nine) days before the trip, the customer has the right to be reimbursed up to 30% of the amount paid for the reservation. The client will pay the transfer costs and administrative costs that may have been incurred for service to him. Expenses also include the banking commission in the case of credit card payment or debit.
7.5 If the reservation made by the customer is canceled by less than 3 (three) days prior to the trip, the client has no right to be reimbursed by the agency.
7.6 If the client does not appear before the date specified by the agency, the client has no right to be reimbursed by the agency.
8.6.1 Cash in the agency’s offices and in the offices of partner agencies
8.6.2 By means of a Visa or Mastercard credit card accompanied by an authorization form, a copy of the passport and the necessary card details as well as the three-digit fax code if the customer does not appear in person at the office.
8.6.3 Visa, MasterCard, Visa Electron and Maestro by credit card or debit card if the customer is personally presented to the office.
8.6.4 By bank transfer to the agency account. In this case, the client is obliged to send by fax or e-mail a copy of the bank payment bill.
8.6.5 Banking Commission: In the case of credit card payments, the commission is paid by the agency. Otherwise, if the payment is done by card in the office, the commission is paid by the customer depending on the bank. In case of cash payment, there is no commission to pay by the parties.
9.1 The customer has the right to complain to the organizer for any non-performance of the contract within 10 days of the end of the trip. (Including here the client’s obligation to immediately notify the contract).
9.2 The organizer is obliged to review the complaint and respond within 20 days from the receipt of the complaint.
DISCLAIMER OF DISPUTES
In case of dispute with the client, the agency will make every effort to reach an agreement with the customer quickly.
The approval of the above agreement is made by partners of the company “TISA TOURS”.
FULL AGRIMENTYOU WILL BE FIND ON LINK BELOW
Customer Contract DOWNLOADABLE (hard copy)