AGENCY – LTD “Abeona”, identification number 445493653, legal address General Aslan Abashidze Street 17, Batumi, Georgia.
TOURIST – is a group or a family; the person signing the agreement on behalf of the group or family is responsible for the fulfillment of the terms of the contract by each member of the group or family.
TERMS OF PROVIDING TOURIST SERVICES
- OBLIGATIONS OF THE AGENCY
- OBLIGATIONS OF TOURIST
- MUTUAL AGREEMENT
- PAYMENT AND CONDITIONS OF REFUND
- INTOLERABLE CIRCUMSTANCES (force majeure)
- OTHER CONDITIONS
1.1. To Provide the Tourist full information regarding the subject and terms of the services;
1.2. To Ensure to submit of tourist services to the Tourist in accordance with the terms of this agreement;
1.3. The personal information can be used only for registration of necessary documents and informing the Tourist about tourist services, including their advertising;
1.4. In case if it will be impossible to place the Tourist in a pre-booked hotel on arrival, place the Tourist in a hotel of the same or a higher category of classification;
1.5. Immediately inform the Tourist about the non-confirmation of the ordered services (e.g. hotel, air tickets).
1.6. Timely inform the Tourist regarding changes in terms or other conditions;
1.7. To compensate for the paid but not received cost of services to Tourist if the Agency is guilty of failing to render services and the violations in obtaining services are not related to the inappropriate behavior of the Tourist, the force majeure circumstances or the actions of third parties not associated with this agreement;
1.8. After receiving from the Tourist a written application with an expression of a desire to refuse all or part of previously ordered, partially or fully paid services (provided that the said is not related to the changes in the order of rendering services specified in 1.5 or 1.6. article), return to the Tourist received amount of money, subtracting the retention, the calculation of which takes place in the order specified in 4.2 article.
2.1. To ensure that all the Tourists mentioned in this Agreement fulfilled the terms of this Agreement and are informed regarding the terms of services. The tourist assumes full responsibility for the accuracy of the information provided to the Agency in accordance with paragraph 1.3.
2.2. To pay for the services provided in this Agreement on time.
2.3. To present to the Agency in a timely manner the documents necessary for processing the trip.
2.4. To follow the program of the trip, arrive at the designated places timely, to fulfill the requirements of the representative of the Agency, the organizer of the trip or the head of the trip during the whole period, as well as not interfere with providing services to other tourists.
2.5. To follow the regulatory enactments of Georgia and all countries of the trip, with regard to the expiration dates of passports, the crossing of borders by minors and adults, the international conditions for the transport of passengers, the procedure for carrying luggage, the requirements of the imported and exported quantities of things, the requirements of the national and foreign border and customs services, general conditions of public order.
3.1. In case if the Tourist does not pay the payment timely established in the Agreement in accordance with the provisions of 4.1 paragraph, before travelling The Agency shall have the right to notify the Tourist in a written form, unilaterally terminate the Agreement and return to the received amount of money to the Tourist, the calculation of which takes place in the order specified in 4.2 article.
3.2. The Agency shall not bear any material or other kind of liability to the Tourist for being late for a vehicle, in case when departure time changes and the Agency inform the Tourist about it.
3.3. If the Tourist is offered another hotel before departure and Tourist does not agree with the offer, the Tourist has the right to refuse to travel. In this case, no later within 3 working days from the receipt of a written refusal from the Tourist, the Agency shall return to the Tourist the price paid for the trip.
3.4. If, at the initiative of the Tourist, changes are made in the conditions of the concluded Agreement before the date of commencement of the trip established in an Agreement, additional fees may be charged, the amount of which is established upon making various changes (tourists, hotels, dates, etc.).
4.1. The payment for services specified in the Agreement takes place in accordance with the procedure and terms established by this Agreement. The Tourist is obliged to pay the Agency the full cost of the ordered services not later than 21 days before the date of arrival ordering travel services
4.2. The tourist has the right to refuse the ordered travel services, having paid to the Agency a deduction calculated from the cost of the ordered services (not including non-refundable services) in the following amount:
4.2.1. If the application is received more than 20 days before the commencement of the trip, the withholding of 20% (twenty percent).
4.2.2. If the application is received 15 days prior to the commencement of the trip, withholding of 50% (fifty percent).
4.2.3. If an application is received within 14 days or less before the commencement of the trip, the retention of 100% (one hundred percent).
4.2.4. Regardless of the date of receipt of the application, the Tourist is obliged to pay to the Agency a withholding of 100% (one hundred percent) of the amount calculated for services marked in the Contract as Non-Returnable Services.
4.3. Tourist Refund is made on the basis of a written application on the refusal of the rendered travel services or their part.
4.4. Money is not refund in case if the Tourist has not provided the Agency a written application regarding refuses ordering the travel services or their part,
4.5. Money does not refund in case if the Tourist does not arrive on time to the place of departure or other specific places, during the departure, he cannot show and submit a valid travel passport (including insufficient validity of the passport), other travel documents, or documents necessary for trip
4.6. In case if the Tourist deliberately harms the trip, interferes with the implementation of the travel program, does not comply with the terms of this Agreement, the reasonable requirements of the head of the trip and other travel conditions, the Agency has the right to notify the Tourist and stop providing services to the Tourist. An act will be drawn up, forming the basis for the Agency to refuse a refund of the amount to Tourist. Expenses related to returning back are covered by Tourist’s funds.
5.1. The Agency is not responsible for changes in the program of the trip related to the effect of force majeure circumstances, including but not limited to, earthquakes, floods, storms, hurricanes, earth crashes, epidemics, avalanches, military actions, terrorist acts, changes in state regulations and local governments in respect of entry and exit, actions of foreign missions, border, customs, transport services, security services, strikes and other actions that interfere or prevent organization or carry out the trip on provided route or place, and the appearance of which during the trip, conscientiously fulfilling their duties, was impossible to foresee. If, due to the force majeure circumstances, the trip must be extended, Tourist pays the expenses related to it from his financial resources.
6.1. An agreement shall enter into force on the date of its signing and is valid until the parties fulfill their obligations.
6.2. If the Tourist has complaints about the services, the Agency or its representative and the Tourist draw up an act of complaint in situ specifying the date, place, time and claim for the service, an Agreement number and an item of the Agreement on the basis of which there is a claim, the name and surname of the Tourist, registration number of the Agency or its representative. Both parties confirm the act with signatures.
6.3. The tourist has the right, to file a complaint to the Agency for inadequate performance of the Agreement in the manner and in terms established by law.
6.4. Possible claims of the Tourist about the non-conformity of services to the terms of the Contract shall be presented to the Agency in writing form, by sending to: General Aslan Abashidze Street 17, Batumi, Georgia. In the submitted claim it is necessary to indicate: the Agreement number, name, surname, personal code, address of the Tourist’s residence, stated incompliance of services with the terms of the Contract.
6.5. The departure time can be changed if the relevant airline or the flight customer cannot provide a trip referred to in the Agreement on Technical, meteorological or insuperable circumstances.
6.6. The Agency is not responsible for changes in the travel program through the fault of third parties, which is related to the refusal to obtain a tourist visa, untimely decision-making on the issuance of a visa. If the Tourist does not receive a visa for entry, and this is not the fault of the Agency, the money will not be returned.
6.7. The Agency is not responsible for the non-appearance of tourists at the designated place of departure and during the trip does not undertake the duty to wait for the late Tourist. All expenses associated with the delay of the Tourist, and thus, the extension of the trip or timely non-return back, Tourist covers out of his own funds.
6.8. The parties agree that information on trips, their types and recreational opportunities placed in the tourist catalog or home page at the time of signing the Agreement can be changed. This is due to the fact that during the season the volume of services of foreign partners can be changed depending on the weather conditions, the possibilities of actions of foreign partners, and their ability to provide the relevant services in the volumes and type indicated in the catalog or home page. If such circumstances exist, the Parties will be guided in their relations only and solely on the basis of the content of this Agreement.
6.9. All disputes affecting this Agreement and its implementation are considered in the course of negotiations. If the settlement of the dispute is not possible during the negotiations, any dispute, inconsistency or requirement arising from this Agreement that affect it, or its termination or recognition as not valid, shall be decided in court, in accordance with the procedure established by the laws of Georgia.
6.10. During the trip, the Tourist is responsible for the safety of his personal belongings.
6.11. The Agreement is made in two copies; both copies have equal legal force.