1. AGREEMENT PARTIES AND SUBJECT
1.1. A tourist in this agreement is considered to be a natural person who has made an agreement with the tour operator, or any natural person (-s) on behalf of whom the other person has signed the agreement and booked the tour, and accepts all the rights and obligations provided in the agreement (other beneficiaries). A tourist is also considered to be any natural person, to whom the person who signed the agreement or any other beneficiary transfers their right to the tour.
1.2. Tour operator – Guliverio kelionės Ltd. (Discover Baltics).
1.3. These terms and conditions, the booking confirmation and the tour itinerary are integral parts of tourism services’ provision agreement.
2. OBLIGATIONS OF THE AGREEMENT PARTIES
2.1. The tour operator is obligated to:
2.1.1. Organize a tour for tourist (-s) according to the itinerary published on the tour operator’s website www.discover-baltics.com.The tour itinerary is an integral part of this agreement.
2.1.2. Inform in writing about the tour cancellation not less than 30 days before the tour commencement if the minimum number of tourists was not gathered. The minimum number of tourists for a tour is 8 tourists (not applicable for tours for individual travellers). If any other minimum number of tourists is indicated in the supplements of the agreement of the booked tour, the latter is valid.
2.1.3. Provide the tourist with the precise and non-misleading information about the tour route, services provided during the tour, means of transport, type, category and level of accommodation, catering. The information must be provided in written form before signing the agreement.
2.1.4. Provide accommodation services to the tourist, meeting specific accommodation category indicated in the tour itinerary and/or booking confirmation, without indicating the specific provider of accommodation services.
2.1.5. Provide the tourist with a surname, address, telephone number and e-mail of the tour operator's representative. The information must be provided in written form before leaving for the tour.
2.1.6. Use the personal information provided by the tourist (-s) only for the execution of the tour documents. In case the tourist agreed the provided personal information (name, e-mail) may also be collected and used for sending the information about the tours organized by Guliverio kelionės Ltd.
2.2. The tourist (-s) is (are) obligated:
2.2.1. To provide the tour operator with all information and documents necessary for the tour operator in order to execute this agreement; to arrive on time to the stated initial departure place and to en route places. The tour operator is not responsible for the tourist’s late arrival to the indicated place. Any costs needed for the late tourist’s transfer to the next stop are to be covered by the tourist.
2.2.2. To follow the tour operator’s indications concerning the implementation of the tour and its separate parts; to follow the public order, international passenger transportation rules, baggage carry restrictions and quantity, amount and restrictions on the goods taken to the country; to follow the directions of the frontiers and customs officers. When travelling with minors the tourist is obligated to follow the orders of child’s temporary departure to foreign countries, approved by the relevant authorities of their country.
2.2.3. To be liable for the damages done during the trip (damaged hotel inventory, transport means, etc.). If a minor is responsible for the damages, all the losses have to be covered by the person responsible for the minor. If the tourist accepts his/her fault and agrees to cover losses, the losses should be covered on the spot. In cases when the tourist does not accept his/her fault, the tour operator has the right to surcharge the losses according to the order determined by the law of the Republic of Lithuania. The tourist must not cover the loss that appeared due to force majeure.
2.2.4. To take care of his/her health, life, accident, baggage and other types of insurance. The tour operator is not responsible for any insurance services.
2.2.5. To take care of his/her belongings during the tour. The tour operator is not responsible for the loss of the tourist’s baggage.
2.2.6. The tourist, the main party of this agreement, must inform the other tourists (other beneficiaries) that the tour is organized only according to the conditions indicated in this agreement, and all tourists must follow all agreement conditions. The tourist who has made the agreement with the tour operator is responsible for providing other beneficiaries listed in the agreement with all information provided by the tour operator.
3. BOOKING
3.1. All bookings, changes of bookings and cancellations should be made in written form and are confirmed by an e-mail confirmation. Booking is confirmed after the payment for that booking is received.
3.2. All prices are in EURO. All rates are net. Prices do not include transportation to or from destination, visa support, insurance, optional tours, telephone calls, room service and other personal expenses. The tour operator bears no responsibility for additional expenses caused by weather, sickness, strikes, interference of a third party, accidents or force majeure.
3.3. Full payment for the booking has to be paid within 3 business days after the booking details and price are settled, unless agreed otherwise. The booking is not confirmed until the full payment is received and the booking confirmation is sent to the tourist by e-mail. The tour operator is not obligated to hold the booking if the payment is late.
4. BOOKING CANCELLATION
4.1. The tourist's right to cancel the booking.
4.1.1. The tourist has a right to cancel the booking following the conditions indicated in the agreement below. The cancellation enters into force at the moment of the tourist's written statement.
4.1.2. In case of cancellation of a confirmed booking, the tour operator has the right to charge the tourist a cancellation fee:
No later than 30 days prior to arrival – free of charge;
29-21 days – 15% of net value of the booking;
20-15 days – 25% of net value of the booking;
14-5 days – 50% of net value of the booking;
4-0 days – 100% of net value of the booking.
4.1.3. The tourist is advised to have travel insurance covering tour cancellation costs. The tour operator is not responsible for any insurance services.
4.2. The tour operator's right to cancel the booking.
4.2.1. The tour operator has a right to cancel the confirmed booking only due to important reasons that the tour operator immediately informs the tourist about.
4.2.2. If the tour operator cancels the booking due to circumstances for which the tourist is not responsible, the tour operator is obligated to offer the tourist an alternative tour of the same or higher value. When, on reasonable grounds it is not possible to offer an alternative tour or the tourist refuses the tour offered, he/she is entitled to request the full refund for the tour which did not take place.
4.2.3. The tour operator which has cancelled the confirmed booking must reorganize the tour or refund to the tourist the money for the tour and recover the pecuniary damage to the tourist. The damage is not recovered if the booking is cancelled due to the circumstances indicated in point 2.1.2 or in case of force-majeure.
4.3. When, after the cancellation of the booking the tour operator has an obligation to refund the tourist all or part of the money paid for the tour, money has to be refunded to the tourist's indicated bank account or credit card in 10 working days from the cancellation of the booking.
5. CHANGE OF THE AGREEMENT CONDITIONS
5.1. The tour operator can change the appropriate condition of the agreement due to the important reasons that the tour operator immediately informs the tourist about. The tourist has the right to refuse to change the agreement. The change of the agreement conditions is confirmed in written form by both parties of the agreement.
5.2. The tour operator has the right to raise the tour price due to the changes of transport charges, including fuel charges, compulsory payments and certain currency exchange, when there are no less than 30 days before the tour commencement left. The tour operator indicates why the price increased and how the price increase was calculated. The tourist has the right to refuse the price increase.
5.3. If the tourist refuses to change the agreement conditions in cases described by points 5.1., 5.2 the tour operator gains a right to waive the agreement. In this case the tourist has a right to demand the refund of the money paid for the tour.
5.4. The tourist has a right to change the agreement conditions. The change of the agreement conditions is confirmed in written form by both parties of the agreement.
6. CHANGE OF THE AGREEMENT PARTIES
6.1. When there are no less than 5 days before the tour commencement any of the tourists of this agreement can transfer his/her right to the tour to a third party (taking over the tour), who will follow all the agreement conditions.
6.2. If such transfer contradicts to the person's, whose services the tour operator uses, rules (i.e. if the tour operator is not allowed to book the place in a hotel, and (or) to get a visa under the new person's name during the time left before the trip commencement), these regulations should be introduced to the tourist. If there are any additional costs in taking over the tour these costs are to be paid by the tourist.
7. RESPONSIBILITY FOR THE INAPPROPRIATE AGREEMENT IMPLEMENTATION
7.1. If upon the commencement of the tour, or during the tour emerges that tour operator will not be able to fulfil the main part of the services agreed upon, the tour operator must offer the tourist (-s) alternative services for the same price for the period specified in the agreement, and to compensate tourist the difference in price of service previously offered and the service actually provided if the price of the service actually provided is lower. The tour operator must offer the tourist alternative services for a higher price only if the tourist agrees to pay the price difference. If the tour operator due to justified reasons is not able to offer alternative services, or if the tourist refuses alternative services for justifiable reasons, the tour operator must ensure that the tourist gets the return trip or transportation to another location, acceptable to the tourist, as well as the refund of the money for services that were not provided.
7.2. If during the tour the tourist does not follow his/her obligations indicated in this agreement the tour operator has the right to suspend the agreement. Any additional costs, needed for the tourist to go back to the departure place or final destination are to be covered by the tourist. In this case the tourist is not entitled to any refund of the money for services that were not provided.
8. GENERAL CONDITIONS
8.1. The tourist's rights are protected by the Civil Code, the Law on Protection of Consumers' Rights (News, 1994, No 94-1833; 2007, No 12-488), Law on Tourism (News, 1998, 32-852, 2011, No 85-4138), and other Laws, and this Agreement as well.
8.2. If the conflict arises or dissatisfaction appears concerning the inappropriate agreement implementation or non-fulfilment during the course of the tour, the complaints have to be immediately made to the tour operator's representative. If they did not initiate to solve the complaint, complaint should be represented in writing locally. In case the conflict failed to be solved successfully on the spot, the complaint in writing to the tour operator could be lodged in 15 business days from the end of the tour. The tour operator must respond to the complaint in writing within 15 business days from the date the complaint was received. The issues are solved through negotiation and in case the agreement is not reached - under the procedure established by Legislation of the Republic of Lithuania. The place of jurisdiction is where the tour operator is registered.
8.3. Disputes regarding improper implementation or non-implementation of the agreement are solved by the State Consumer Rights Protection Authority following the order set by the Law on Consumer Rights Protection.
8.4. After this agreement is signed, the substantial changes of the agreement conditions (the main part of the agreed services and the price) are possible only with written confirmation of both parties.
8.5. In the cases regarding the non-fulfilment of the obligations by the tourism service providers the tourists may address to the State Tourism Department.
8.6. The agreement is considered signed when the tourist agrees to these terms and conditions, pays full price for the booking (unless agreed otherwise) and receives booking confirmation from the tour operator.
Tourists, who are citizens of Foreign countries, which do not have contracts with the Republic of Lithuania according to elimination of visas for travel to the Republic of Lithuania, when purchasing a tour with departure from Lithuania / return to Lithuania, must have a multiple entry visa (Schengen or National visa), valid not less than the duration of the tour (detailed information can be found on www.migracija.lt). The relevant requirements are valid if the tour starts in a different country.
The tourist confirms that he/she, before signing this agreement, has read the information related to the tour: information on accommodation and transportation means, services provided during the tour, tour itinerary, time of departure and return. The tourist also confirms that he/she is familiar with the order of the crossing of state borders, limitations on the importing of items, issuance of visas, and other information related to the tour.
The provisions of the agreement are compulsory for the tour operator and all tourists. The tourist confirms that he/she has thoroughly ascertained with the provided agreement and understands its provisions and that he/she has informed other tourists (beneficiaries) that the tour is organized only in accordance with the conditions set in this agreement and that all tourists must follow all conditions of the agreement.