Saturday, June 16, 2018

Contract for tourism services in Romania

The tourism contract is the juridical instrument through which tourism agencies’ activities can be developed, representing the agreement between the economic agents specialized in the field and the tourist. 

Trough this contract, the touristic agent commits to provide the client a voyage, holiday for recreation for a known price.
The main purpose of the contract is committing the travel services provider into offering the promised package of services to the tourist, such as transportation, accommodation, meals, visas for international travel and any other connected services. 

The economic agent offers clients organized travel packages (holidays, circuits) sold as merchandise according to the contract, those representing the object of the contract for which the set price is being paid. 

As contracting parties, as specified earlier, we have the provider (in this case, tourism agency) and the beneficiary (the tourist). 

As a juridical entity, the economic agent acts in his name in relations with third parties, coordinating and organizing on his behalf the services that the subcontractors offer.

The characteristics of the touristic contract


-          Contract for pecuniary interest - the parties have patrimonial interest
-          Synallagmatic contract - both contracting parties have obligations, the tourist to pay the services and the travel agent to offer them
-          Commutative contract - its period and existence are established and known at the conclusion
-          Consensual contract - the form requirement is claimed only for probation

From the tourism field perspective, this contract is a civil one, while for the tourism agency it is a commercial contract. 

This cannot be compared to a mandate contract, since the agent offers touristic services packages for which the tourist does not give him mandate, as for the agent assumes the risks by signing the contracts with third parties on his behalf.

Moreover, the touristic contract cannot be reduced to the transportation contract, despite the fact that the tourist leaving his residence is the exact action, but not the main concern.

The tourism contract is a complex document that includes transportation, no matter the means of transportation, but also the complementary services that lead to the final goal – the entire vacation of the client.

In the case of braking the contractual terms and conditions, this will lead to termination of the contract, and based on the rules specified in the contract, interest damages will be paid to the injured party. This contract represents an agreement based on which the provider commits into offering all the services promised to the beneficiary. Mandatorily, the contract will contain terms and conditions regarding payment and the price that was established. Finally, there are also clauses on the contract: tourist programs, complaints, solutions, replies, sanctions, contract jurisdiction and exonerating clauses.

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