Terms and conditions

These terms and conditions (hereinafter referred to as the "contract") apply to all travel services purchased trough or from us. Please read them carefully as you will be bound by them.

Applicable regulations

This contract is concluded by means of distance communication and governed by Romanian law in accordance with:

• Directive (EU) 2015/2302 of the European Parliament and of the Council on package travel and linked travel arrangements (transposed into national law by O.G. 2/2018);
• Directive 2011/83/EU of the European Parliament and of the Council on consumer rights (transposed into national law by O.U.G. 34/2014);
• Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway;
• Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

Roles of the parties

This contract is made between CRUISEGET SRL a limited liability company incorporated under the laws of Romania, with registered office at Bd. Carol I nr. 27, Iasi, Romania (hereinafter referred to as “the agency”, "we", "our" or "us") and you (hereinafter referred to as “the client”, "you" or "your").

Whereas

We are licensed to sell travel services, packages and linked travel arrangements, usually in relation to cruise holidays, acting as a package organiser or as an intermediary of travel services, between you and the travel service providers. This means we are committed to provide you the best means in booking a travel service, through advanced booking management and payment systems and a support center with carefully trained operators to assist you with any requirement in relation to your booking (such as guidance, counseling, changes and cancellations) and to manage the relationship with the relevant travel service providers, on your behalf.

You wish to obtain such services exclusively from us.

For the purposes of this contract, the following articles apply:

Content

Article 1 -	Definitions
Article 2 -	Description and nature of travel services
Article 3 -	Contract period
Article 4 -	Price and payment
Article 5 -	The agency’s responsibility for travel services sold as “package”
Article 6 -	The agency’s responsibility for travel services sold individually or as “linked travel arrangement”
Article 7 -	Cancellation by the agency
Article 8 -	Cancellation by the client
Article 9 -	Changes by the client
Article 10 -	The client’s responsibility
Article 11 -	Refunds and insolvency protection
Article 12 -	Final provisions

Article 1 - Definitions

Within the meaning of the present contract and all applicable regulations, the following definitions apply:

1. distance contract - means that the contract is concluded between the parties under an organized distance sales without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication (such as through online forms, by email or by phone) up to and including the time at which the contract is concluded;
2. travel service provider - means any natural or legal person, acting including through any other person in his name or on his behalf, as a provider of a travel service;
3. travel service - means any of:
   1. carriage of passengers (including cruise);
   2. accommodation;
   3. rental of cars and other motor vehicles;
   4. any other tourist service not intrinsically part of a travel service within the meaning of points (a) to (c);
4. cruise - means a transport service as referred to in point (3)(a), by sea or inland waterway, operated exclusively for the purpose of pleasure or recreation, supplemented by accommodation and other facilities, exceeding two overnight stays on board;
5. package - means a combination of at least two different types of travel services, organised for the purpose of the same trip or holiday, if advertised or sold under the name “package” and/or where the combination is presented at an inclusive or total price;
6. linked travel arrangement - means a combination of at least two different types of travel services, selected for the purpose of the same trip or holiday but not constituting a package and/or where the combination consist of components with separate price;
7. booking - means all the steps involved in the acquisition of a travel service and which leads to the conclusion of the present contract;
8. force majeure - means any unforeseeable and unpredictable event out of the agency’s or the travel service provider’s control including natural disasters, military or law enforcement interventions, rebellion, revolution, insurrection, terrorist activities, civil disturbances, industrial disputes, fire, epidemics, pandemics, health risks, government restrictions, state of emergency, lockdowns and any other unavoidable and extraordinary circumstances;
9. lack of conformity - means a failure to perform or improper performance of the travel services included in a package;
10. cancellation - means the termination of the contract that occurs before or during the performance of a travel service irrespective if sold individually, under the name “linked travel arrangement” or under the term “package”.

Article 2 - Description and nature of travel services

1. The nature and characteristics of the travel service(s) that we commit to sell and you agree to buy under this contract will result from all the presentations and descriptions used before the start of the contract.
2. Any combination of travel services not explicitly described as a “package” will be considered a “linked travel arrangement”.
3. Any travel service that does not constitute a combination of travel services nor is described in any way as such, and it is sold alone or with other services that are intrinsically part of it, will be considered an individual travel service that is neither a "package" nor a “linked travel arrangement”.

Article 3 - Contract period

The contract shall enter into force upon receipt of the minimum ammount (a deposit or, where applicable, the full payment) required to confirm the booking and until both parties fulfill their obligations under this contract.

Article 4 - Price and payment

1. The price of the travel service(s) sold under this contract, must be paid within the set deadlines as mentioned in the booking summary, invoice or payment form.
2. We reserve the right to increase the price of a package as direct consequence 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 contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports;
3. A price increase shall be possible with a notification from the Agency to the Client with a justification for that increase and a calculation at the latest 20 days before the start of the package.
4. If the increase is more than 8% the client may accept or terminate the contract without paying a termination fee.

Article 5 - The agency’s responsibility for travel services sold as “package”

1. For travel services sold under the term “package” we act as an organiser and the combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
   Therefore, you will benefit from all EU rights applying to packages and we will be fully responsible for the proper performance of the package as a whole.
   Additionally, as required by law, we have protection in place (as referred to in Article 11) to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.
   Key rights under Directive (EU) 2015/2302

   1. Travellers will receive all essential information about the package before concluding the package travel contract.
   2. There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
   3. Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
   4. Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
   5. The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
   6. Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
   7. Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
   8. Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
   9. If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
   10. Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
   11. The organiser has to provide assistance if the traveller is in difficulty.
   12. If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. The agency has taken out insolvency protection with the insurance company OMNIASIG VIENNA INSURANCE GROUP S.A as referred to in Article 11. Travellers may contact this entity or, where applicable if services are denied because of the agency's insolvency.
   This means that we are liable for any lack of conformity that may occur before or during the performance of a package, except minor changes within the meaning of paragraph 2 or caused by force majeure.
2. We expressly reserve the right not to be hold accountable for any minor changes that may be rarely performed by us or by the travel service providers in relation to the performance of a package if such changes become necessary or advisable for operational, commercial or safety reasons and as long as they don’t affect the main characteristics of the package. Such changes will be considered insignificant i.e.:
   1. In case of a package that include a cruise:
      1. changing of some ports of call in the itinerary as long as the date and port of departure as well as the date and port of arrival remain unchanged;
      2. changing the cabin as long as the alternative one is of at least the same type or category;
      3. in very rare situations, changing the vessel as long as the alternative one belong to the same company;
   2. In case of a package that include transportation:
      1. changes to the schedule of a flight, bus or train as long as it does not affect the connection with another travel service i.e. a flight, bus, train or a cruise;
   3. In case of a package that include accomodation:
      1. changing the room as long as the alternative one is of at least the same type or category;
      2. in very rare situations, changing the hotel as long as the alternative one is located in the same city area and is classified with the same number of stars;
3. We will inform you about any of the changes as referred to in points (a) to (c) of paragraph 2 in a clear, comprehensible and prominent manner.
4. Any other changes other than those referred to in points (a) to (c) of paragraph 2 will be considered significant changes.
5. If the package can't be provided as agreed and if we may only provide alternative arrangements with significant changes, you will be offered the choice of:
   1. accept the alternative and if applicable receive a price reduction or a price increase corresponding to the difference of quality or cost; or
   2. refuse the alternative and receive a refund of 100% of the amount paid;

Article 6 - The agency’s responsibility for travel services sold individually or as “linked travel arrangement”

For travel services we don't sell as "package(s)" we act as an intermediary, conducting separate contracts on your behalf with individual travel service providers which are solely responsible for the proper performance of their contracts.

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our agency, you will not benefit from rights applying to packages under Directive (EU) 2015/2302.

Therefore, we will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant travel service provider or you may request our assistance to do so on your behalf.

However, if you book any additional travel services during the same visit to or contact with our agency, the travel services will become part of a “linked travel arrangement”. In that case we have, as required by EU law, insolvency protection in place (as referred to in Article 11) to refund your payments to us for services not performed because of the agency’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider and does not cover contracts with parties other than us, which can be performed despite our insolvency.

Article 7 - Cancellation by the agency

1. We reserve the right to cancel the contract at any time and for any reason (such as booking errors or advisable for operational, commercial or safety reasons) and offer you the choice of:
   1. an alternative travel arrangement; or
   2. a voucher of 120% of the amount paid to be used for the purchase of an alternative travel arrangement;
   3. a refund of 100% of the amount paid to be received by the client not later than 30 days from the day of cancellation.
2. In case we will be prevented from performing the contract due to force majeure circumstances, we will cancel the contract without being liable for additional compensation and will offer you the choice of:
   1. an alternative travel arrangement; or
   2. a voucher of at least 100% of the ammount paid to be used for the purchase of an alternative travel arrangement; or
   3. a full refund of the amount paid, to be received by the client not later than 360 days from the day of cancellation.
3. The voucher as referred to in paragraph 1 and 2 may only be used within 12 months from the date of issue, only through the agency and in some cases only for the same travel service providers as those in the cancelled contract.

Article 8 - Cancellation by the client

1. You may cancel the booking for one or more travel services in the contract, at any time and for any reason before the start of the travel service by giving us a written cancellation request to . Any such request will be followed by a reply from us within 24 hours. If you do not receive one you should assume your request has not been received and must contact us again immediately.
2. Failing to pay the due amounts due within the set deadlines as referred to in paragraph 1 of Article 4, will result in a cancellation for all the travel services included in the contract.
3. Any cancellation request submitted by you or as a resulting from non-compliance with payment requirements as referred to in paragraph 2 will be the subject of a cancellation fee.
4. If the cancellation fee will be smaller than the amount already paid, you will be entitled to be refunded the difference within 30 days.
5. For travel services sold as "package", the cancellation fee will be calculated based on the conditions provided in the package cancellation annex.
6. For travel services sold individually or as "linked travel arrangements", the cancellation fee will be calculated based on the published cancellation conditions of the applicable travel service provider, depending on the date of cancellation compared to the start date of the travel service. The nearer the cancellation is to your departure date then the greater the cancellation charges will be.

Article 9 - Changes by the client

Any change of travel services requested by you will be the subject of allowance, availability, a changing fee and of the contractual terms and conditions of the respective travel service provider. Any change request will be submitted in the same manner as described in point (1) of Article 8.

Article 10 - The client’s responsibility

1. You understands that we are not a travel service provider and we only act as a trader of the travel services sold under this contract (irrespective of whether sold individually, under the name “linked travel arrangement” or “package”) which are performed by third party companies as travel service providers (such as shipping companies, air carriers, accomodation providers etc.) and that you will also be bound to the contractual terms and conditions of these travel service providers.
2. You must consult, acknowledge and comply to the contractual provisions of the travel service providers such as rights and liability and specific conditions according to the nature and particularities of each travel service.
3. In regard to the air/sea transportation you understand that the obligations under Regulation (EC) No. 261/2004 / Regulation (EU) No. 1177/2010 are the exclusive responsibility of the operating air/sea carrier as defined in the foregoing Regulations and no responsibility shall be accepted in this regard by us, either in the capacity as organizer or otherwise and all claims relating to cancellation, changes, delay or denied boarding in respect of air/sea transportation must therefore be made by you to the relevant air/sea carrier.
4. In exercising his rights under the Regulation (EC) No. 261/2004 / Regulation (EU) No. 1177/2010 you must seek to take as much of the contract as possible and must not prejudice our rights under this contract.
5. It is in your responsibility to ensure arrival at the airport or port in sufficient time to check in and board the aircraft or the cruise ship.
6. It is in your responsibility to ensure that you a valid passport and any necessary visas for the departing, arrival and visited countries.
7. You understand that it is recommended to have adequate insurance policy which covers sufficiently in case of cancellation, medical assistance and expenses, loss and/or damage of the luggage.
8. We accept no liability for any additional costs that might arise from your failure to meet with the requirements as referred to in paragraph 2 to 7.

Article 11 - Refunds and insolvency protection

1. You are entitled to be refunded any ammounts due as a result of any cancellations, no later than 30 days, except in situations of force majeure where as described in paragraph 1 of Article 12, we might have to extend the refunds period to a maximum of 360 days.
2. You have the right to a refund of any amount paid to us and, where transport is included in a package, to be ensured your repatriation, in the event that we become insolvent.
3. We have taken out insolvency protection with OMNIASIG VIENNA INSURANCE GROUP S.A and in case the travel services purchased through us are denied because we become insolvent or bankrupt, you may contact this entity at:
   1. registered office in: Aleea Alexandru nr.51, sector 1, Bucharest 011822, Romania;
   2. phone:  (+40) 21 405 7420;
   3. email:
   4. website: omniasig.ro/

Article 12 - Final provisions

1. On very rare ocasions due to force majeure circumstanes, when mass cancellations occur on travel services due to extremely unpredictable situations (such as pandemics, government restrictions etc.) we might not be able provide cancellation refunds within the set deadlines as we might be constraint to depend on the refunds of other partner companies as travel service providers which have collected payments in advance from us and are unable to process mass refunds within a reasonable period of time. Therfore on behalf of those travel service providers who could go through very difficult times if such situations occur, we calls for understanding and patience from your side as we might be have to extend the refunds period to a maximum of 360 days.
2. All accommodation units, as well as means of transport are classified by the competent authorized in the destination countries, according to internal procedures and local regulations where they exist, which differ from one country to another and from one type of destination to another.
3. Disputes between the parties are settled amicably, otherwise the parties agree to address the competent courts.
4. By entering into this contract with us, you confirm to agree with our Privacy policy.