TOS
Contracting Party
The company S.C. Amberadventure SRL with registered office in Colții de Jos 23, unique registration code 44856146, registered at the Trade Register under no. J10/1142/2021, bank account RO74BTRLRONCRT0CF9047601 opened at Banca Transilvania
hereinafter referred to as Prestator
Yes
Buyer, identified according to the data in the Order Form on the raftingbuzau.ro website,
have agreed to the present general conditions for the provision of services.
I. The object of the General Terms and Conditions is the purchase by the Buyer of the Provider's package of services, chosen by the Buyer through the Online Order Form, hosted on the raftingbuzau.ro website.
These terms and conditions for the provision of services have a contractual value once you physically sign them or tick the "Terms and conditions of participation" box on the raftingbuzau.ro website.
II. Price
II.1. The price of the services is included in the description of the service package listed on the website raftingbuzau.ro in the section dedicated to the respective service or in any other written communication agreed by the parties (email, SMS messages, facebook messages, etc.) and includes the cost of the actual services together with all the fees related to their performance.
II.2. The full payment of the price will be made at the latest on the day of the commencement of the services included in the contracted package, on the occasion of the presentation at the meeting place initially agreed, through the forms of payment present on the raftingbuzau.ro platform at the date of the order and if the parties do not agree otherwise, through other contractual forms.
II.3. If the purchase of the service package is subject to a discount campaign, the full payment of the service package will be made in accordance with the regulations of the respective campaign, which is annexed to the terms and conditions of the present document
II.4. After the online booking of the service package, the Buyer receives the booking confirmation by email, within a maximum of 3 hours after the order has been finalised. After the payment has been verified and authorised by the plationline.ro platform, the Buyer receives an email confirming the payment authorisation. The message constitutes proof of the service reservation.
II.5. At the physical presentation of the Buyer for the reception of the contracted services, the Buyer must be able to present the email message confirming the authorisation of the payment, at the Supplier's request.
III. Rights and obligations of the Provider
III.1. The Provider undertakes to provide the services included in the package-contract with professionalism, using qualified personnel and in compliance with the obligation of diligence regarding the prevention of accidents to the Buyer.
III.2. In case the Provider has to modify one or more of the essential provisions of the service package subject of the contract, the Provider is obliged to notify the Buyer by the online communication method agreed by the parties (email, facebook, whatsapp, etc), at the latest on the day prior to the day of the booked tour.
III.3. In this case, if the Buyer does not agree with the proposed changes, the Buyer has the right to unilaterally terminate the contract, by the same means, no later than midnight on the day before the day prior to the booked shift.
III.4. If the Buyer does not unilaterally terminate the contract or notify the Service Provider on the day of performance, the latter shall be deemed to have tacitly accepted the proposed modifications.
III.5. For the purposes of the above, the Provider may modify the price of the contract, in the sense of increasing or decreasing the price, as the case may be, only if the modification occurs as a result of changes in transport costs, tourist taxes and duties or exchange rates related to the contracted service package.
III.5.1. For the above purposes, the Provider may change the time and place of the initial meeting point or the route proposed in the page related to the respective service on raftingbuzau.ro, when they are affected by external factors that cannot be influenced by the Provider - sudden weather changes, insufficient or modified operating programme of the Nehoiasu hydropower plant, access limitations due to unforeseen events, etc. In this situation the Provider is exempted from the obligation to notify the Buyer the day prior to the provision of the service and the notification is made as soon as the external factors mentioned above affect the delivery of the contracted services.
III.6. The Provider shall be liable for the proper performance of the obligations assumed under the contract, except in the following cases:
III.6.1. when the non-fulfilment or defective fulfilment of the obligations assumed by contract is due to the Buyer;
III.6.2. when the non-fulfilment of obligations is due to force majeure or to circumstances that neither the Provider nor the Provider's collaborators could not foresee or avoid (changes in the timetable or itinerary imposed by adverse weather conditions, changes in Hidroelectrica's working hours, delays in the traffic of means of transport, etc.).
III.7. If not already mentioned in the description of the service package, the Provider is obliged to provide in writing to the Buyer information about the timetable, transport links and meeting places.
IV. Rights and Obligations of the Buyer
IV.1. If the Buyer is unable to personally benefit from the contracted services, he may assign his rights and obligations under this contract to a third party who fulfils all the conditions applicable to the contracted service package, with the obligation to notify the Provider in writing or by telephone before the start of the booked tour.
In this case, from the moment of notification, the third party substitutes itself in the Buyer's rights, including with regard to the declaration of assumption of responsibility available on the raftingbuzau.ro website.
IV.2 For contracted services that include nominally booked outsourced services, the transfer can only be made if there is the possibility of transferring the respective place without changing the terms and conditions of the outsourced service (transport, accommodation, access to events, etc). The purchaser transferring its package of services and the transferee are jointly and severally liable for the price of the journey and any additional costs arising from the transfer.
IV.3 In the event that the prices set out in the Contract are increased and notified in accordance with this Contract, the Buyer is obliged to notify the Provider of its decision to opt for:
IV.3.1. unilateral cancellation of the contract or
IV.3.2. acceptance of the new conditions of the contract
IV.4. In the event that the Buyer unilaterally cancels the contract in accordance with IV.1 as well as in the event that the Provider, at least one hour prior to the departure time, informs the Buyer that it can no longer provide the services included in the contracted package (which is equivalent to unilateral cancellation at the initiative of the Provider), the Buyer is entitled:
IV.4.1 to receive at the same price another package of services, proposed by the Buyer for the same or another period of time;
IV.4.2. to be reimbursed within 15 working days from the date of receipt by the Provider of the written notification to this effect, all sums collected from the Buyer under the contract.
IV.5. The Buyer's non-attendance at the meeting place(s) mentioned in the description of the service package or leaving the locations where the services are to be rendered is equivalent to unilateral cancellation of the contract at his own initiative.
IV.6. The Purchaser undertakes to comply with the directions and instructions of the Provider's personnel and to wear all protective equipment indicated by the Provider's personnel during the entire duration of the contract.
IV.7. The Buyer is directly liable for any damage caused by his fault to himself, to third parties, in the accommodation, means of transport or at the places visited in accordance with the provisions of the service package.
IV.8. The Purchaser is directly responsible for the destruction, loss or damage to the equipment provided by the Provider for the fulfilment of the object of the contract. The item of equipment lost or destroyed by the Purchaser through misuse shall be replaced on the spot by the Purchaser with an identical product or its value shall be paid on the spot.
V. Termination of the contract, conventional compensation
V.1. The contract may be terminated by:
V.1.1. the completion of the term for which it was concluded; as a rule, the completion of the term coincides with the date of finalisation of the provision of services in the contracted package;
V.1.2. agreement of the parties,
V.1.3. unilateral denunciation at the initiative of one of the parties,
V.1.4. cancellation due to the fault of one of the parties
V.2. In the event that the Provider unilaterally terminates the contract in accordance with the provisions of this contract, the Provider shall owe the Buyer all amounts paid to the Provider by the Buyer, up to and including the date of unilateral termination, within 15 working days from the date of the booked shift.
V.3. In case the Buyer unilaterally cancels the contract less than 8 hours before the date and time of the start of the services, the Buyer will compensate the Provider with full payment of the purchased service package.
Failure to show up for the reserved shift, showing up after the announced meeting time or announcing the no-show on the day of the event starting at 0:00 will be penalised with the full amount of the price of the purchased shift.
V.4. In the event that either party fails to perform its obligations or performs its obligations improperly or late, the party not at fault may request the cancellation of the contract, and the party at fault shall compensate the other party.
VI. Complaints
VI.1. In case the Buyer is dissatisfied with the services received, he/she may make a written complaint, within a maximum of 3 calendar days from the end of the provision of the services in question, clearly and explicitly, This complaint shall be sent to the Provider in writing, through the contact details specified on the raftingbuzau.ro website
VI.2. The Provider shall take immediate action to solve the complaint, and within 5 working days at the latest, shall inform the Buyer of the manner of solving the complaint.
VI.3. In the event that the Buyer appeals directly to other resolution forums (arbitration courts, court, ANPC, reviews on social media platforms, etc.) without first requesting a direct complaint to the Provider to resolve the situation, the Provider declines the obligation to respond to the complaint, leaving the respective platforms the obligation to resolve the complaint.
VII. Insurance
VII.1. Optionally, the Buyer has the possibility to take out a cancellation insurance to cover the costs of cancelling the reservation of services, an assistance contract to cover repatriation fees in case of accident, illness or death, or a luggage insurance contract. It is the Provider's recommendation to take out such insurance.
VII.2. The Provider does not include in its offer and does not offer accident insurance services, but urges the Buyer to take out an accident insurance policy covering the service rendered, with the policy valid at the date of the service.
VIII. Contract documents when required by a third party entity are the following:
VIII.1. confirmation by email of the authorisation to pay for the service
VIII.2. the service package, as described in the raftingbuzau.ro website content or in any other written communication (email, SMS messages, facebook etc.).
VIII.3. the Order Form on the Provider's website which has been confirmed by email by the Provider
VIII.4. the declaration of assumption of responsibility, available on the Provider's website
VIII.5. the terms and conditions of delivery of the services accessible at the following link: Terms and Conditions
IX. Final provisions
IX.1. This contract is concluded between the parties, by the Buyer's acceptance of its contents together with:
IX.1.1. completion by the Buyer of the Order Form available on the website raftingbuzau.ro and
IX.1.2. tick the box "I have read and agree to the "Terms and Conditions of Participation" and the box "I sign the Declaration of Assumption of Responsibility"
IX.2. The proof of this contract is made by presenting the booking confirmation email automatically generated by raftingbuzau.ro.
IX.3. The contract is presented exclusively in electronic form, in the bottom section of each page of the raftingbuzau.ro website.
ANNEX 1
Declaration of Responsibility for Adventure Tourism Activities and Temporary Management of Specific Equipment
I, the undersigned, according to the data in the registration form, as a willing participant in rafting, kayaking, caving, mountaineering, canyoning, 4×4, enduro, mountain biking, mountaineering, skiing, snowboarding, summer or winter hiking tours/trips in Romania or abroad together with the guides/guides appointed by the Provider, declare that I am aware of and agree to the following:
1. Adventure sports (rafting, kayaking, caving, mountaineering, canyoning, 4×4, enduro, mountain biking, mountaineering, skiing, snowboarding, hiking) involve risks, but are not limited to, injury, hypothermia, exhaustion or even death by drowning or trauma.
I am informed, accept and assume these risks and am solely responsible for all my actions during the above-mentioned period.
I understand that although both the Provider and its appointed Guides take all reasonable steps to minimise the above risks, they cannot be entirely eliminated.
2. I understand and accept that I will participate in adventure sports activities involving intense physical activity in changing weather conditions and/or in cold water.
I confirm that I am physically and mentally fit enough for adventure sports and do not suffer from or assume direct and full responsibility for any medical conditions I may or may not be aware of that may be aggravated by these activities, or that may affect my participation in the tour.
3. I understand and accept that although the Guide will make all reasonable efforts to achieve the objectives of the tour safely, if weather conditions, water level conditions or the physical/mental condition of any member of the team are not compatible with these objectives, the Guide reserves the right to modify the tour structure, route or activities without refund of the fee paid.
4. I understand and agree that all decisions made by the Guide regarding individual and group safety during the course of the service package are final and non-negotiable.
5. I understand that I will be provided with technical equipment specific to the activities in which I will participate (wetsuit/neoprene footwear, helmet, vest, mountaineering, canyoning, caving equipment or any other item that the guide will consider necessary) and I undertake to use these items of equipment with care and attention during the contracted activities.
6. The Buyer is directly responsible for the destruction, loss or damage of the equipment provided by the Agency for the purpose of fulfilling the object of the contract. The item of equipment lost or destroyed by the Buyer through improper use shall be replaced by the Buyer with an identical product or the Buyer shall pay for it on the spot.
ANNEX 2
Regulation for granting discounts
for services purchased in collective discount campaigns run through the web portal raftingbuzau.ro
I. Prices of discounted service packages and payment methods
I.1. The price for the discounted service packages is the one mentioned by the Supplier in the offer posted on raftingbuzau.ro, on the Rafting Buzau Facebook page or on other social media platforms.
I.2. The reduced price is valid only during the discount campaign. The date of payment into the service provider's bank account must fall within the discount period displayed.
I.3. Payments are made by bank transfer, online by card, online instalments or cash, as specified in the Supplier's offer.
II. Conditions for granting discounts
II.1. The offer subject to the collective discount campaign run through the portal raftingbuzau.ro can be purchased at the displayed reduced price only if it is paid in full during the campaign period announced, according to the provisions of art. I.2 and I.3.
II. 2. The purchase of a package of services through a special offer starts by using the electronic order form in the raftingbuzau.ro portal.
II.3. After full payment of the package of services purchased at the reduced price, the buyer will receive the voucher for his purchase or written confirmation of the reservation, in electronic format, at the email address specified in the registration form.
II.4 Partial payment of the services related to a particular offer during the discount campaign ensures the reservation of the respective seats but the Buyer does not benefit from the displayed discount.
III. Eligibility conditions
III.1. The Buyer declares through the purchase of the services the availability of time to participate in the activity in the period for which it is scheduled.
III.2. The Buyer declares to be in an adequate state of health to run the purchased programme.
IV. Conditions for withdrawal of the buyer
IV.1. Withdrawal of the buyer under conditions other than those listed in Chapter IV. and V. of these regulations entails a penalty of 100% of the amount already paid.
V. Conditions for cancellation of the programme by the provider
V.1. In the event that the service package cannot be delivered due to non-registration of the minimum number of participants, when a minimum number of participants has been specified, the service provider will refund in full the amounts paid by the Buyer.
V.2. In cases of force majeure in which the service package cannot be rendered for reasons not attributable to the Provider or the Buyer, the Provider shall act in accordance with the provisions of the Terms and Conditions of Purchase of Our Services.
V.4. Cases of force majeure include but are not limited to major floods, earthquakes and other natural disasters, states of emergency of any kind, terrorist threats, acute political or social instability or the modification of the hydropower plant's working schedule without prior notice.
V.5. Cases of force majeure must be confirmable by public information and it is up to the Supplier to decide whether to invoke force majeure or to continue the programme. The Purchaser may not invoke force majeure to recover the amounts paid if the Supplier carries out the programme in question within the period announced.
VI. Conditions for granting discounts in promotional campaigns for rafting on Buzău, kayaking, e-bike services
VI.1. 1 to 36 seats may be purchased with payment by card
VI.2. Vouchers purchased are valid at any time between April and October of the campaign year.
VI.3. The appointment must be made at least 3 days before the chosen date, by phone call to 0750235239
VI.4. Vouchers expire on 30 October of the campaign year at 23:59, after which date they can no longer be used or their value refunded.
VI.5. The buyer may withdraw and request a full refund within 30 days from the date of purchase.
VI.6. When presenting the services, the Buyer is required to prove the purchase of the services by presenting the order with authorised payment or, if available, with a promotional voucher issued.
VII. Final provisions
VII.1. These regulations are annexed to the service provision contract and are supplemented by the provisions of the declaration of assumption of responsibility, documents available in the Registration section of the raftingbuzau.ro portal.
VII.2. By ticking the "Terms and conditions of participation" box on the registration page of the raftingbuzau.ro portal, the Buyer declares that he/she has read and accepted the provisions of these regulations.