CLIENT AGREEMENT
GENERAL PROVISIONS
1. General principles
1.1. This Agreement consists of Part I – Special Provisions and Part II – General Provisions. Both parts of the Agreement are integral parts of the Agreement, they shall be evaluated and translated only in conjunction. By concluding the Agreement, the Parties confirm that they have fully read the provisions contained in both parts of the Agreement, understand them and recognize them as binding for the performance of the Agreement.
1.2. This Agreement has been drawn up and is being performed in accordance with Regulation of Cabinet Republic of Latvia No. 380, adopted on 26 June 2018, on the “Procedures for the Preparation and Providing of Package travel and Linked travel arrangements and the Rights and Obligations of Package travel and Linked travel Service providers and Travelers (hereinafter referred to as – the Cabinet Regulation No.380), if the Traveller purchases a package travel service (hereinafter referred to as – the Package).
1.3. By signing this Agreement, Join Up Baltic or the authorized representative of Join Up Baltic (hereinafter referred to as – the Agent) sells, but the Traveller buys, the Package selected by the Traveller.
1.4. The Package may be operated by means of the flight, that is operated based on a charter agreement, concluded between the carrier (airline) and Join Up Baltic (hereinafter referred to as – the Charter flight) or a flight where everyone can individually purchase seats for each flight directly from the carrier (airline) or its authorized agents in accordance with a published timetable and is not considered as the Charter flight in the meaning of this Agreement (hereinafter referred to as – the Scheduled flight).
Charter flights can be performed with Skyup Airlines or other carriers (airlines) listed on the Join Up Baltic website www.joinup.lv. Scheduled flights are operated by carriers (airlines): Ryanair, Wizz Air, Finnair, Turkish Airlines, Lufthansa, Air Baltic and others.
1.5. The Traveller who signs this Agreement on behalf of all Travellers specified in the Special Part of the Agreement undertakes to inform other Travellers, (hereinafter referred to as – the Beneficiaries), that the Package is organized in accordance with the provisions of this Agreement and all Travelers are bound by this Agreement.
2. Join Up Baltic rights and obligations
2.1. obligations of Join Up Baltic/Agent:
2.1.1. to provide the Traveller with information regarding the Package selected by the Traveller in accordance with the procedures and to the extent provided for in Paragraph 62.1. of Chapter 5 of Cabinet Regulation No. 380 (including: destination of the Package, itinerary, length of stay (with dates), main features, total price of the Package, general information on the passport and visa regime of the country of destination, approximate time for obtaining a visa and information on medical formalities in the country of destination (including instructions, orders, sanitary regulations, etc. issued by the local authorities and/or the administration of the place of accommodation in the country of destination, compliance with which is necessary to prevent any illness and/or infection (including the spread of coronavirus infection COVID-19 and others) or other threats to health or safety, about the insurance of health, life, including the risk of above-mentioned diseases and/or infections and other types of insurances), by publishing information on Join Up Baltic website www.joinup.lv. In this case, Join Up Baltic shall be deemed to have fulfilled its obligation to provide information. Agent provides the above information to the Traveller in paper form or electronically, by sending it to the Traveller’s e-mail address, or using another durable medium.
2.1.2. before concluding the Agreement Join Up Baltic/Agent provides the Traveller with information about the Package, including “Information for Travellers” and “Safe Travel”, which indicates the characteristics of the Package, as well as other information about the Package not included in the Agreement (hereinafter referred to as – the Travel Program) on the website www.joinup.lv or the Agent provides the above information to the Traveller in paper form or electronically, by sending it to the Traveller’s e-mail address, or using another durable medium. The Travel Program is an integral part of the Agreement.
2.1.3. Join Up Baltic/Agent shall immediately inform the Traveller about all possible changes in the Package and its program, information that is at Join Up Baltic/Agent disposal publishing on the Join Up Baltic website www.joinup.lv and/or sending it to the Traveller's e-mail address accordingly.
2.1.4. Join Up Baltic is obliged to provide assistance (support) to the Traveller without undue delay if it is in difficulty, in particular:
2.1.4.1. provide information on health care services, local authorities and consular assistance;
2.1.4.2. to help use distance communication and find alternative Travel solutions;
2.1.4.3. provide other assistance, including until the return of the Traveller is unavoidable due to unavoidable and exceptional circumstances.
2.2. Join Up Baltic rights:
2.2.1. Subject to the liability obligation set forth in Cabinet Regulation No. 380, in the interests of the safety of life/health, successful provision of the Package and if such necessity arises due to circumstances beyond Join Up Baltic’s control, Join Up Baltic reserves the right to change the itinerary and/or intended objects of sightseeing, by informing the Traveller without undue delay.
2.2.2. Join Up Baltic is entitled to charge a reasonable fee for the assistance referred to in Clause 2.1.4., if the difficulties have been caused by the Traveller himself or the Beneficiary with malicious intent or due to his negligence. This fee will not exceed the actual costs incurred by Join Up Baltic.
2.2.3. Join Up Baltic is entitled to unilaterally change the terms of the Agreement before the Package starts (this provision does not apply to changes in the price of the Package in accordance with the provisions of Clause 5.6. of the Agreement), only if the changes are insignificant and Join Up Baltic/Agent has informed Traveller about the changes in a clear, understandable and visible way by publishing this information on the Join Up Baltic website www.joinup.lv and/or sending electronically to the Traveller’s e-mail address and/or via the Agent.
2.2.4. Join Up Baltic may terminate this Agreement and reimburse the Traveller in full for all payments made to pay for the Package, but shall not be obliged to pay additional compensation if Join Up Baltic is unable to perform this Agreement due to unavoidable and extraordinary circumstances or if the Package requires a certain number of participants (60% of the number of seats reserved on the aircraft concerned) and this number has not been applied on which the Traveller has been notified 20 (twenty) calendar days before the start of the Package by publishing this information on the Join Up Baltic website www.joinup.lv and/or sending electronically to the Traveller’s e-mail address and/or via the Agent.
2.2.5. In the cases specified in Clause 2.2.4. and 5.6. of this Agreement, Join Up Baltic shall, without undue delay, but not later than within 14 days after the termination of the Agreement, refund to the Traveller, including through the Agent, all payments determined in accordance with Cabinet Regulation No. 380 Paragraph 99, 100. and 101 (upon agreement of the Parties this payment may be reimbursed in another way), as well as in the case specified in Clause 6.3. of this Agreement – Join Up Baltic shall reimburse all payments made by the Traveller, minus the Agreement termination fee, specified in Clause 6.3. of this Agreement.
2.2.6. Join Up Baltic has the right to unilaterally terminate the Agreement if the Traveller does not comply with the Package Payment Terms specified in Chapter 5 of this Agreement, by notifying the Traveller electronically, by sending notification to the Traveller’s e-mail address or via the Agent. In this case Join Up Baltic is not liable towards the Traveller and shall not reimbursing the Traveller for losses incurred as a result of this.
2.2.7. Join Up Baltic has the right to unilaterally terminate the Agreement, by notifying the Traveller electronically, by sending notification to the Traveller’s e-mail address or via the Agent and not reimbursing the Traveller for losses incurred as a result of this if the Agreement is not enforceable, since the Traveller is subject to international, financial or national sanctions or financial sanctions or subject to sanctions imposed by a member state of the European Union or the North Atlantic Treaty Organization or the Office of Foreign Assets Control.
3.Traveller’s responsibilities, rights and confirmations
3.1. Responsibilities of the Traveller:
3.1.1. to provide Join Up Baltic/Agent with the necessary documents and true, accurate and up-to-date information about itself and the Beneficiaries for the execution of the Agreement, including documents confirming the change of name or other information identifying the Traveller, to comply with the requirements specified in regulatory enactments regarding the procedures for crossing the border. Arrive at the place and time of the start of the Package specified in the Agreement, as well as observe the terms of use of accommodations, vehicles and usage of other services, as well as observe the laws and regulations and general rules of conduct of the countries included in the Package.
3.1.2. to ensure that the Traveller has valid for travelling documents, confirming identity of the Traveller (in the event of a change in the information identifying the Traveller, also documents certifying such changes), a visa and a Covid-19 vaccination or disease certificate, or a certificate of a negative Covid-19 test (if required) and when travelling across country borders to present valid for travelling the above documents and visas (if required) at the first lawful request of the competent authority.
3.1.3. to become acquainted with the information published on Join Up Baltic website www.joinup.lv, including “Information for Travellers” and “Travel safely” section. The Traveller confirms that the placing of the information on the said website www.joinup.lv is clear, appropriate, and reasonably published. All necessary information on the Package was provided to the Traveller in accordance with the laws and regulations of the Republic of Latvia and other kind of informing of the Traveller is not required.
3.1.4. to execute all instructions of Join Up Baltic/Agent regarding necessary actions before and during the Package performance – if necessary, to get vaccinate, if required by national laws and regulations and reasonable care for your health (mandatory and recommended vaccine types should be identified by the Traveller with competent health authorities in advance before the Package), to get insured.
3.1.5. if third parties bring claims or claims for damages against Join Up Baltic due to the fault of the Traveller or the Beneficiaries, immediately upon the request of Join Up Baltic provide all necessary information on the circumstances and nature of the claim, as well as indemnify Join Up Baltic all damages caused by the fault of the Traveller or the Beneficiaries, including any negligence.
3.2. Rights of the Traveller:
3.2.1. to change the date, duration, hotel and/or room type of the Package etc., only by terminating the existing and concluding a new agreement on provision of a Package travel service, as well as to transfer the Agreement to another Traveller or terminate the Agreement in accordance with the procedures specified in Chapter 6 of this Agreement, by sending the relevant application to the Join Up Baltic/Agent in writing (by e-mail). Mentioned in this clause of the Agreement excludes rebooking, since the price of the Package has reduced.
3.3. Confirmations of the Traveller:
3.3.1. The Traveller, by signing this Agreement, confirms that, by exercising the rights referred to in the Clause 3.2. of this Agreement, is aware of and has become independently acquainted with the terms and conditions on making changes in the Package conditions/transference of the Agreement, Agreement termination, agrees with them and undertakes to pay the costs of changing the Package conditions/transference of the Agreement, Agreement termination, as notified to the Traveller by Join Up Baltic/Agent prior to making such changes. Costs associated with making changes in the Package conditions/transference of the Agreement will be calculated in accordance with the prices existing on the date of the respective changes have been implemented and in accordance with the conditions set by the service providers (hotel/carrier) included in the Package i.e., in addition to the fee for the change of the Package conditions/transference of the Agreement (if any), the Traveller also may have to pay the difference in the price if the alternative package is more expensive than originally booked.
3.3.2. By signing this Agreement, the Traveller confirms that he is informed that, upon changing the initial Package reservation, the original Agreement shall be considered null and void at the time of the conclusion of the new agreement on Package travel service provision. The new agreement on Package travel service provision shall be concluded in accordance with the provisions, including payment terms, that are in force at the time when concluding new agreement on Package travel service provision.
3.3.3. By signing this Agreement, the Traveller confirms that prior to signing this Agreement, he has received the necessary information about the Package, where is set out all information related to the Package as provided in this Agreement and the Traveller is informed about Join Up Baltic website specified in this Agreement. The Traveller is informed that all up-to-date information on hotels, leisure and entertainment venues, air routes, departure/arrival times can be also obtained on the websites of these service providers and checked in person before and during the Package performance.
3.3.4. The Traveller agrees and confirms that neither Join Up Baltic nor the Agent is liable if the Traveller is unable to travel due to a refusal by the competent authorities to issue a visa, border guards, migration services, aircraft ground handling providers or other responsible services have taken the decision, which prevents the Traveller/Beneficiary from leaving/entering a particular country and for the damage caused to the Traveller/Beneficiary with this.
4.The rights to claim for compensation for damages
4.1. The Traveller shall be entitled to receive from Join Up Baltic compensation for damages incurred because of non-performance or improper performance (lack of conformity) of the services under this Agreement, except:
a) if the non-compliance is due to extraordinary (unusual, unforeseeable and uncontrollable) circumstances – force majeure or if the non-compliance is due to the fault of a third party (not related to the provision of services under the Agreement);
b) if on the day of departure, the Traveller fails to arrive on time to the respective means of transport or the non-compliance is due to another Traveller’s or Beneficiary’s fault.
4.2. The amount of compensation may not be more than three times the total price of the Package.
4.3. Join Up Baltic shall be entitled to receive full compensation from the Traveller for loss incurred, if Join Up Baltic will be forced to pay any reimbursement (indemnities, penalties or other expenses) for the benefit of the third parties in connection with any pretension or claim for damages by third parties due to the fault of the Traveller or the Beneficiaries.
5. Making payments
5.1. Package operated by Charter flight:
5.1.1. When booking a Package, operated by the Charter flight, if the Agreement is concluded 11 (eleven) or more calendar days before the start of the Package, the Traveller has an obligation to pay a prepayment – payment in amount of 5% of the full price of the Package, on the day when Agreement is concluded.
The remaining payment for the Package must be paid no later than 10 (ten) calendar days before the day of the start of the Package.
5.1.2. If there are 10 (ten) or less calendar days from the date when Agreement is concluded until the start of the Package, the Traveller shall pay the full price of the Package on the day of conclusion of the Agreement.
5.1.3. The Traveller confirms that the Traveller has been informed and agrees that the entry into force of this Agreement does not guarantee the reservation of the hotel selected by the Traveller prior to the confirmation from the hotel is received. If the hotel reservation is not confirmed, a separate notification will be sent to the Traveller’s e-mail or via the Agent. If the hotel reservation is not confirmed, the agreement on accommodation with the hotel shall expire. The Traveller has the right to choose another (alternative) travel by concluding a new agreement with Join Up Baltic. If the Traveller refuses to conclude a new agreement, Join Up Baltic/Agent is obliged to reimburse the Traveller money paid for the Package.
5.2. Package operated by Scheduled flight:
5.2.1. When booking a Package, operated by the Scheduled flight, if the Agreement is concluded 11 (eleven) or more calendar days before the start of the Package, the Traveller is obliged to pay a prepayment – not less than 50% of the full price of the Package, which includes 100% of the price of the flight ticket, at the time of booking.
If the price of the flight ticket exceeds the amount of the prepayment (50% of the full price of the Package), the Traveller must make a prepayment of at least 100% of the price of the flight ticket at the time of booking.
The remaining part of the payment for the Package must be paid no later than 10 (ten) calendar days before the day of the start of the Package.
5.2.2. If there are 10 (ten) or less calendar days from the day of concluding the Agreement until the start of the Package, the Traveller shall pay the full price of the Package at the time of booking the Package.
5.2.3. The Traveller confirms that the Traveller has been informed and agrees that if the Traveller chooses a Package where the flight is operated by the Scheduled flights, at the moment when prepayment is made, the confirmation of the reservation of the hotel selected by the Traveller, may not be received. If the hotel reservation is not confirmed, a separate notification will be sent to the Traveller on e-mail or via the Agent. In this case, the Traveller has the right to choose another (alternative) hotel. If the Traveller refuses an alternative hotel, the agreement on accommodation with the hotel shall expire. The issued flight ticket shall be cancelled/annulled only in accordance with the flight ticket fare rules. Money paid by the Traveller for the hotel and other non-flight services shall be refunded by Join Up Baltic/Agent upon evaluation of the Traveller’s individual request, and if it would be possible according to the requirements of the particular hotel or other service providers, the time of the Package (e.g. New Year, Easter, etc.), etc. circumstances.
5.3. Join Up Baltic shall have the right to increase the Package price only in cases specified in the Cabinet Regulation No.380, namely:
5.3.1. change of the price of the carriage of passengers resulting from the cost of fuel or other energy sources.
5.3.2. change of the level of taxes or fees on the travel services included in the Agreement 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.
5.4. If in accordance with the Clause 5.3. of the Agreement it is necessary to increase the Package price, specified in the Special Part of the Agreement (not more than per 8%), Join Up Baltic is obliged not later than 20 (twenty) calendar days before the start of the Package clearly and intelligibly notify the Traveller, justifying the price increase and providing an estimate of the price increase, sending notification to the e-mail address or through the Agent.
5.5. The Traveller is entitled to a price reduction corresponding to the reduction of costs referred to in Clause 5.3. of this Agreement, which takes place after the conclusion of the Agreement and before the start of the Package.
5.6. If Join Up Baltic needs to change significantly any of the main features of the Package before the start of the Package, or if Join Up Baltic cannot meet the Traveller’s special requirements referred to in the Clause 2, Special provisions of the Agreement, or if the Package price increases by more than 8%, Join Up Baltic/Agent notifies the Traveller not later than 20 (twenty) calendar days before the start of the Package electronically, by sending to the Traveller’s e-mail address or through the Agent, justifying the price increase and providing a calculation and indicating a reasonable time within which the Traveller informs Join Up Baltic/Agent about his decision. The Traveller may agree to the changes or terminate the Agreement by notifying Join Up Baltic/Agent in writing within the term specified by Join Up Baltic and without paying the fee for termination of the Agreement, specified in Clause 6.3. of the Agreement. Failure by the Traveller to respond will not constitute as an acceptance of the proposed changes to the Agreement and the Agreement will be terminated.
5.7. If the Traveller, in the case referred to in the Clause 5.6. of the Agreement, wishes to terminate the Agreement and Join Up Baltic offers an alternative Package, which, if possible is of the same or higher quality, the Traveller may agree to receive an alternative package travel service.
5.8. If the Package is purchased during special promotion organized by Join Up Baltic, the Traveller shall pay the Package price in accordance with the terms and conditions of the said promotion. By signing this Agreement, the Traveller confirms that Traveller is familiar and agrees such terms and conditions and undertakes to abide them.
6. Changes to the conditions of the Package, Termination of the Agreement and Transfer of the Agreement to another Traveller
6.1. The Traveller has the right to change the date, duration, hotel and/or hotel room type, etc. of the Package, only by terminating the existing one and concluding a new agreement on Package travel service provision. The Parties clearly agree that such changes shall be the subject to the provisions of the Clause 6.3. of the Agreement.
6.2. The Traveller has the right to terminate the Agreement at any time. Written notice can be submitted to Join Up Baltic in one of the following ways: by post to the legal address of Join Up Baltic, to the e-mail [email protected], in person at the Join Up Baltic office, notifying in writing the Agent through which the Package was purchased. Termination shall take effect upon receipt and registration of written notice on termination of the Agreement at Join Up Baltic legal address.
6.3. If the Traveller at his own will terminates the Agreement and withdraws from the service, the Traveller shall be liable to pay Join Up Baltic the Agreement termination fee. The Parties agree that the termination fee shall depend on the time remaining until the start of the Package and whether the Package is operated by Charter or Scheduled flight and is as follows:
6.3.1. Package operated by Charter flight:
Notification on termination of the Agreement before the start of the Package(departure) | Termination fee |
---|---|
More than 10 days | 5% of the full price of the Package |
10 or less days | 100% from the full price of the Package or the amount of the actual costs of the Tour operator, depending on whichever is less. |
If the Package is booked between 25 December and 7 January, regardless of the date of notification of termination | 100% from the full price of the Package or the amount of the actual costs of the Tour operator, depending on whichever is less |
6.3.2. Package operated by Scheduled flight:
Notification on termination of the Agreement before the start of the Package (departure) | Payment EUR |
---|---|
45 days or more | the cost, determined by the flight ticket fare rules, for the flight ticket cancelation + 20% from (full Package price – flight ticket price) |
45-30 days | the cost, determined by the flight ticket fare rules, for the flight ticket cancelation + 50% from (full Package price – flight ticket price) |
30 days or less | the cost, determined by the flight ticket fare rules, for the flight ticket cancelation + 100% from (full Package price – flight ticket price) |
By signing this Agreement, the Traveller confirms that the Traveller has been informed and agrees that if the Traveller chooses a Package which flight is operated by a Scheduled flight, when changing/cancelling flight ticket, etc. the flight ticket fare rules shall apply.
6.4. If there are unavoidable and extraordinary circumstances at the place of destination or in its immediate vicinity, which significantly influence the course of the Package or significantly affecting getting to the destination and the consequences of which could not be prevented, even if all reasonable measures have been taken, the Traveller may terminate the Agreement prior to the start of the Package without paying the termination fee, specified in the Clause 6.3. of this Agreement. In such a case, Join Up Baltic/Agent shall refund all costs paid by the Traveller for the Package, but the Traveller is not entitled to claim and receive any additional compensation.
6.5. If the Traveller terminates the Agreement before the start of the Package due to the health of the Traveller or due to unforeseen or unavoidable action of a third party or as a result of events which the Traveller could not foresee or prevent, taking all necessary precautions, Join Up Baltic shall have the right to claim for direct losses incurred during the performance of the Agreement providing the Package to the Traveller, in the amount specified in Clause 6.3. of the Agreement.
6.6. The Traveller has the right to switch this Agreement and transfer it to a person who complies with all provisions of the Agreement and/or make changes to the Traveller’s personal data. In this case, the Traveller notifies Join Up Baltic/Agent in writing (on e-mail) on transferring of the Agreement/changes to the Traveller’s personal data and provides all necessary information to enable the Traveller’s successor’s travel or changes to the Traveller’s personal data.
6.7. The Parties agree and accept that in case of the Package transference and/or changes to the Traveller’s personal data, the Traveller must bear costs actually incurred by Join Up Baltic in connection with these changes, on amount of which the Traveller will be informed before implementation of the changes.
6.8. Payment arrangements for the Package and transference of the Package, between the Traveller, who shall transfer the Package and the Traveller, to whom the Package shall be transferred, shall be handled upon mutual agreement between these persons, without the intermediation of Join Up Baltic.
6.9. If it is no longer possible to book seats in the vehicle, hotel or it is not possible to obtain visas, etc. before the start of the Package as a result of which the transference of the Package is not possible, the Traveller is entitled to terminate the Agreement in accordance with the Clause 6.3. of this Agreement, making relevant Agreement termination fee payment.
6.10. By signing this Agreement, the Traveller confirms that the Traveller has been informed and agrees that if the Package is purchased during a special promotion organized by Join Up Baltic, the procedure specified in the terms and conditions of this promotion, which are an integral part of the Agreement, on amendment of the Package and of the Agreement or the termination of the Agreement, shall apply. By signing this Agreement, the Traveller acknowledges that he has read and agrees to such terms and conditions and undertakes to abide them.
7. Liability for performance of the Agreement and force majeure
7.1. The Parties shall perform this Agreement and be responsible for in accordance with Cabinet Regulation No. 380 if the Traveller purchases package travel service.
7.2. Join Up Baltic shall be liable before the Traveller for the fulfilment of obligations under this Agreement. Any notices, requests or complaints regarding the process and performance of the Package the Traveller shall address Join Up Baltic.
7.3. If any of the travel services are not provided according to the Agreement, Join Up Baltic shall prevent the non-compliance, unless this is not possible or causes disproportionate costs, considering the extent of the non-compliance and the value of the particular travel service.
7.4. Unless Join Up Baltic does not prevent the non-compliance in accordance with the Clause 7.3. of this Agreement, the Traveller is entitled to a price reduction or in particular case to the compensation, in order stated in the Agreement and Chapter 7.2. of the Cabinet Regulation No.380, except for cases, specified in Clause 7.5. of the Agreement.
7.5. Join Up Baltic and persons whose services are used by Join Up Baltic to provide the Package, shall not be liable before the Traveller for performance of this Agreement, if the Agreement is not performed or non-compliance occurred due to the fault of the Traveller.
7.6. With reference to Clause 4.1. of the Agreement unavoidable and extraordinary circumstances shall include lockdown, closing of borders, war, terrorism, outbreaks of serious illness, natural disasters etc. and other events not caused by the fault or action of the Parties or a third party, that is under Party’s control, events which make it impossible to perform the Agreement, events that at the time of concluding this Agreement was impossible to predict and which could not be avoided, the consequences of which could not be overcome.
7.7. In cases of unavoidable and extraordinary circumstances, the Parties shall act in accordance with this Agreement, the requirements of regulatory enactments, as well as the principles of good faith and fair business practice.
8. Insurance and medical issues
8.1. 8.1. Join Up Baltic in order stated in Chapter 3.1. of the Cabinet Regulation No.380. maintains a valid insurance contract with the Insurance Joint Stock Company „BALTA” (address: Raunas street 10, Riga, Latvia, LV-1039) and AAS “BTA Baltic Insurance Company” (address: Sporta 11, Riga, Latvia, LV-1013), which serves as security for the reimbursement of those payments, made by travellers, insofar as the tour operator is unable to meet all or part of its obligations and provide relevant services in the event of the insolvency of the tour operator.
8.2. The Traveller undertakes to take out travel, life and health insurance for himself and for Beneficiaries, including insurance for providing emergency assistance to the Traveller in the event of an accident, the cost of termination of the package travel contract, as well as expenses related to the repatriation of the Traveller during the provision of the travel service. The Traveller and/or Beneficiaries have the possibility to insure against the risk of occurrence of disease and/or infection (including coronavirus infection COVID-19 and others). In case the Traveller refuses to insure, it assumes full responsibility for the consequences of failure to take out insurance.
8.3. Information on the required vaccination, when traveling on the purchased Package, is available on the World Health Organization website (www.who.int), Vaccination centre (www.vakcinacijascentrs.lv) and other competent medical authorities. Join Up Baltic shall not be liable if the Traveller has not been adequately vaccinated or otherwise undergoing medical treatment while travelling.
8.4. Join Up Baltic is not responsible for any damage to the Traveller and/or the Beneficiary in connection with any illness and/or any infection (including coronavirus infections COVID-19 and others) and/or treatment and/or rehabilitation in connection with the above diseases and infections.
9. Dispute resolution
9.1. The Traveller shall, without undue delay, considering the circumstances of the case, inform Join Up Baltic of any lack of conformity encountered by the Traveller during the Package. All claims incurred by the Traveller during the Package must be reported on the spot to the Join Up Baltic representative or the travel guide.
9.2. If the dispute cannot be resolved through negotiations, the Traveller shall submit a written claim. The claim shall be drawn up in two copies. A representative of Join Up Baltic or the travel guide shall sign for the received claim on both copies, and one copy shall remain with the Traveller, the other with the representative of Join Up Baltic or the travel guide. In case the conflict situation cannot be resolved on the spot, the claim must be submitted in writing to the Join Up Baltic office (legal address Vienibas gatve 109, Riga, Latvia, LV-1058, e-mail: [email protected] for Estonia, [email protected] for Lithuania, [email protected] for Latvia) as soon as possible after the end of the purchased Package, but in accordance with the requirements of Section 27, Paragraph one of the Consumer Rights Protection Law of the Republic of Latvia not later than within two months from the day when the Traveller has discovered the non-compliance of the Package with the provisions of the Agreement. Join Up Baltic provides a written response to the Traveller within 15 working days from the date of receipt of the claim. For more information on the procedure for submitting and handling a Traveller's claim with Join Up Baltic, see here: https://joinup.lv/storage/docs/claim-resolve-policy/claim-resolve-policy_EN.pdf.
9.3. If Join Up Baltic refuses to fulfil the Traveller’s claim or the Traveller is not satisfied with the solution offered by Join Up Baltic, the Traveller has the right to apply to:
1) the Consumer Rights Protection Centre for assistance in resolving a dispute. Contact information of the Consumer Rights Protection Centre: Brivibas street 55, Riga, Latvia, LV – 1010, e-mail address: [email protected]; consultation phone: 65452554.
2) the consumer dispute resolution commission, if the assistance provided to the consumer in resolving the dispute at the Consumer Rights Protection Centre has not ensured the result.
3) the court.
9.4. The Traveller shall also be able to use the online dispute resolution platform in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 21 May 2013. Amending Regulation (EC) No 524/2013 on online dispute resolution for consumer disputes 2006/2004 and Directive 2009/22 / EC (Consumer ODR Regulation); this platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
9.5. All disputes or disagreements related to or arising from this Agreement shall be settled through negotiations. If it is not possible to resolve the disagreement and dispute through negotiations, the interested Party shall submit it to the court for review in accordance with the procedures specified in the regulatory enactments of the Republic of Latvia.
10. Other Provisions
10.1. Depending on weather conditions at resorts and hotels at the beginning of the season (March – May) and at the end (October – November) some services may not be available for Travellers in hotel areas such as open-air swimming pools, outdoor restaurants, bars, café, water parks, holiday activities, etc. Hotels at their sole discretion determines the timing of the range of services offered. The hotel administration reserves the right to change the start and end dates of the season and the amount of paid/unpaid services.
10.2. By signing this Agreement, the Traveller acknowledges that Traveller understands that Join Up Baltic’s information on the hotel category specified on the website/in the Agreement is based only on the hotel classifications provided by the respective hotel administration. This is a subjective assessment of the hotel based on country specifics, hotel location, hotel size, quality and quantity of services provided.
10.3. By signing this Agreement, the Traveller confirms that he is aware of:
10.3.1. that the Traveller is solely responsible for himself and the Beneficiaries for compliance with security rules in the destination of the Package and/or for any requirements issued by local authorities and/or accommodation administration and/or any other requirements issued by the Traveller’s/Beneficiary’s place of residence in the country of destination (instructions, sanitary regulations, etc.) which must be complied with in order to prevent the spread of any disease and/or infection (including coronavirus infection COVID-19 and others) or other health and safety hazards.
10.3.2. The possibility for the Traveller and/or the Beneficiaries to take out voluntary insurance against the risks of occurrence of the above diseases and/or infections.
10.3.3. that Join Up Baltic is not liable for any damage to the Traveller and/or the Beneficiary caused by any illness and/or any infection (including coronavirus infection COVID-19 and others) and/or treatment and/or rehabilitation in connection with the above diseases and infections.
10.4. The Traveller confirms that Traveller has been informed and agrees that, purchasing a package travel service that does not include a flight or only accommodation service (hotel), without purchasing a package travel service, the performance of the Agreement shall be governed by the provisions of the Agreement applicable to Packages operated by Scheduled flight and special provisions of the travel service payment rules may be applied to the payment of such travel service, of which the Traveller is informed prior to the conclusion of the agreement.
10.5. The Traveller confirms that Traveller has been informed and agrees that, purchasing only the travel service – flight ticket (without purchasing a package travel service) payment of flight tickets price in amount of 100% for Charter and Scheduled flights must be paid at the time of booking. Cancellation of the flight tickets for Charter flights after payment has been made, is not possible (cancellation fee – 100% of the flight ticket price). For cancellation of flight tickets for Regular flights after payment the provisions of the flight ticket fare rules are applicable. Any changes to the flight ticket shall only be made after consideration of the Traveller’s individual request (depending on the particular flight ticket fare rules, changes could be made paying fee or may not be possible either).
11. Processing of personal data
11.1. Join Up Baltic is the controller of the Traveller's personal data. Join Up Baltic has the right to process Traveller's personal data in accordance with the Personal Data Processing Law and the General Data Protection Regulation. By purchasing the Package, the Traveller agrees that Join Up Baltic may disclose and transfer the data subject’s personal data specified in this Agreement to third parties outside the EU that Join Up Baltic has engaged for the implementation and administration of the services ordered by the data subject. The purposes of personal data processing are: the performance of the agreement to which the data subject is a party; the provision of tourism and/or related service to the data subject; the performance of other controller’s obligations (to meet the requirements of public administration institutions and legal acts; to meet the requirements for crossing the state border, to carry out instructions from public administrations; compliance with legislation requiring the provision of information to tourists and travellers). See more about personal data processing at Join Up Baltic here: https://joinup.lt/en/privacy-policy#personal-data
11.2. Receiving the voluntary consent of the Traveller, personal data of the Traveller may also be processed for other purposes, i.e. direct marketing, stated in the same given consent.
11.3. The Traveller has the right to get acquainted with the processing, storage, and correction of Traveller’s personal data in accordance with the provisions of the Personal Data Processing Law.
11.4. The Traveller has the right to withdraw given consent for the processing of Traveller’s personal data at any time. If it results in the impossibility to perform this Agreement, the Traveller shall be deemed to have terminated this Agreement in accordance with Clause 6.3. of this Agreement. In such a case, if the Traveller withdraws consent to personal data processing and Join Up Baltic will have no legal basis to continue processing Traveller's data, Join Up Baltic will stop processing Traveller's personal data. If Join Up Baltic has legal grounds for further processing Traveller's data, Join Up Baltic has the right to continue using personal data within the limits provided by law.
11.5. The rights of the Traveller mentioned above may be exercised by contacting Join Up Baltic in one of the following ways: via e-mail: [email protected], via phone call – +371 67470002, visiting Join Up Baltic office address: Vienibas gatve 109, Riga, Latvia, LV-1058.
11.6. Traveller’s consent/disagreement on processing of personal data for purpose on receiving up-to-date information and other offers of Join Up Baltic. I agree that Join Up Baltic shall process my personal data (name, surname, date of birth, telephone, email) and they may be used to obtain up-to-date information and receive of Join Up Baltic offers.
Agree _____________
(signature)
Disagree _____________
(signature)
11.7. You have the right to withdraw your consent given in accordance with the procedure specified in paragraph 11.6 of the Agreement at any time. In this case Join Up Baltic will not process your personal data for further transmission of information.
12. Entry into force of the Agreement
12.1. The Agreement is concluded in two copies, one copy for Join Up Baltic or the Agent, one for the Traveller. All copies have equal legal force.
12.2. The Agreement shall enter into force upon signature by the Parties, but if the Agreement is concluded using electronic means of communication in the absence of the Parties, the Agreement shall be deemed concluded from the moment when the Parties can access the reservation and the confirmation of its acceptance.
12.3. The Agreement shall remain in force until the Parties have fully fulfilled their obligations.