1. UNDERSTANDING “TOURIST PACKAGES” AND THEIR RIGHTS OF SALE

Pursuant to Article 100 of the Constitution and Article 61 of Law No. 9902, dated 17.04.2008 on consumer protection, both the organizer and the seller of tourist packages must be licensed to carry out their activities, or entities that do not have these attributes, are deprived of the right to sell these daily tours and can never play the role of a commissioned SUBBAGENT.
The consumer has the right to receive a copy of the contract of the tourist package, (in accordance with Article 47 point 8 of the law which is a necessary document to apply for a decision based on point 19 of the same article)
The Tour consists of transport and guide and sold together by a seller known as TOUR OPERATOR. Other additional services can be attached to this package such as:

• Various transfers
• Excursions and various activities offered during the holiday period
• Guides and translators etc. etc.
• Transportation can be by regular timetable lines or via tailormade itineraries.
• The Tour packages are organized by the Tour Operator and sold to the customer. Some service providers are employed by the Tour Operator, others are independent.

2. LEGAL BASIS

The contract of sale of a tour in addition to the general conditions is also regulated by the articles presented here in this document. This contract is related to travel arrangements, vacations and the sale of tourist services regulated by Law no. 1084, of 27 December 1977, ratified and executed by the International Convention on Travel Contracts, signed 13 April 1970 in Brussels. The distance contract signed by the customer (for all applications for contracts for leisure services), is subject to the Legislation on Travel Package Contracts pursuant to Article 100 of the Constitution and Article 61 of Law No. 9902, dated 17.04.2008.

3. RESERVATION

The reservation can be made only after the acceptance of the general terms of the contract by the customer. The contract is taken into account when LANDWAYS INERNATIONAL confirms the reservation, with the relevant written information, via email, fax or by phone. Specifications about the package or additional tourist services are included in the notes and details of the offer and are presented before the signing of the contract, as provided by applicable law. In case the tourist product created by LANDWAYS INERNATIONAL Advertised on the web www.landways.eu or published in the brochure requires a minimum number of participants, the organizer has the right not to make the trip if the minimum number of participants is not reached. The organizer has the right to notify the customer about the cancellation of the trip from 7 to 1 day before departure by returning all the payment made during the reservation. 

4. PAYMENTS

100% of the full tour price must be deposited at the time of booking. In cases where the booking is canceled, based on art. 6, the organizer has the legitimate right to keep the amount received as partial payment valid to cover the cancellation penalty. 

100% of the full package price must be deposited at the time of booking in cases where the package includes airline tickets or hotels on offer. This is communicated to the customer at the time of booking.

5. PRICES

The price of tourist packages is published in the catalog and on the website www.landways.eu, is expressed in EUR and is based on the prices contracted by the organizer.

6. BOOKING OBLIGATIONS AND PENALTIES

Booking will be done by the agency using the online booking form. The organizer in each booking must inform the consumer about the terms of the package and the general conditions of their purchase and penalties in case of cancellation, by directing it to the regulation published on the website.

7. PENALTY IN CASES OF CANCELLATION OF RESERVATION

Cancellation up to 7 calendar days before departure. The customer has the duty to pay all costs of the organizer for this cancellation as follows:

The package includes a plane ticket – in this case the organizer bears from the customer the costs of the fine paid for cancellation against the airline which can be from 0-100% of the payment. Costs are disclosed to the customer at the time he decides to cancel.

The package includes the reservation of the hotel which is on offer or with offers for early bookings – in this case the organizer bears from the customer the costs of the fine paid for cancellation against the hotel which vary from 0-100%. Costs are disclosed to the customer at the time he decides to cancel.

All other costs paid by the organizer, including bank transfers and fees.

Cancellation 7 calendar days until the day of departure entitles the Company to keep 100% of the total value of the Package

8. CANCELLATION BY THE CUSTOMER WITHOUT PENALTY

The customer can withdraw from the Contract, without paying penalties in the following cases:

Price increase (according to article 5 above) more than 10%.

Significant changes of one or several elements of the contract, which are considered essential for the full implementation of tourist packages but before departure, not accepted by the customer. In the above cases, the consumer has the right:

Have the advantage of an alternative tour, without extra cost or with the return of the amount in case of additional payment if the second tour is lower than the first.

Take on only the amount of money already given. Reimbursement must be made within 7 working days from the time of receipt of the written application form for reimbursement.

9. CUSTOMER CHANGES

Modifications required by the customer for a contracted accepted booking are not mandatory for the organizer. In case the organizer can make the change that the customer requests, the customer has the right to make this change taking into account that maybe extra costs are needed to pay. These costs are communicated to the customer at the time of communication by him for the desired changes.

10. CHANGES BY THE ORGANIZER

In the event that after departure the organizer cannot provide, for any reason (regardless of the circumstances depending on the customer) a significant part of the service included in the contract, alternative solutions should be offered to the customer at no extra charge. If the value of the service provided is lower than the value of the service provided, the difference between them will be reimbursed. If an alternative solution is not possible or if the solution provided by the organizer is rejected by the customer for serious and justifiable reasons, the customer will be reimbursed only for that part of the missing service.

11. RESERVATION TRANSFER

The customer has the right to be replaced by another person if:

gives a written notice to the Organizer at least 4 working days before the departure date, giving at the same time the name and surname of the replacement person;

The substitute meets and accepts all the conditions for the realization of the service, 

The replacement person must reimburse the organizer for the replacement costs, if there are any.

The customer who gives up, is responsible for the payment of the package price balance as well as the replacement cost fee quoted in part c) of the article.

12. RESPONSIBILITY

The organizer is liable for damages caused to the customer as a result of complete or partial non-fulfillment of the services described in the contract, except when the organizer can prove that the event depends on the customer (including initiatives taken by him independently , during the execution of tourist services) or on events not related to the provision of services described in the contract, accidental events, accidents, supernatural phenomena, or from circumstances that the organizer himself cannot predict or resolve, on the basis of a principle for occupational care. In case of bankruptcy, Landways International makes available the assets of the company for the compensation of the clients. Landways International, is also responsible for maintaining the confidentiality of consumer data, only when they reach the database and not during their transmission.

13. COMPENSATION LIMITS

In no case shall the compensation of the organizer be greater than the compensation of the indemnity determined by the international convention, in relation to n events that occur as a result of non-fulfillment of responsibilities. In the event of an amendment to these conventions or the formulation of new international conventions relating to the objectives of package tour services, the limit of remuneration shall be in accordance with applicable law at the time of the accident.

14. COMPULSORY ASSISTANCE

The organizer is obliged to provide assistance to the customer, based on the principles of professional care, only in relation to its obligations, or according to the contract or legal rules. The organizer and the seller are released from their responsibilities, when the unsuccessful or erroneous execution of the contract depends on the customer or on unforeseen and unavoidable cases of third parties, or on an accidental act or supernatural phenomenon.

15. COMPLAINTS AND CHARGES

Any unsuccessful execution of the contract must be notified by the customer at the time it occurs. This way, the organizer or local representative can immediately find a compensation for it. The customer can make a complaint by sending a registered letter, with an invoice, to the organizer, within 10 working days from the date of return to the place of departure. If the complaint is made at the place of execution of tourist services, the organizer must help the customer in order to find an optimal solution. In the same way, even if the complaint is reported at the end of the service, the organizer must still provide and guarantee a reasonable response to the customer’s request.

16. PERSONAL DATA

Landways International clarifies that the information provided by you will be processed according to the given purpose or your approval or according to the conditions of the Albanian Legislation. This data is not provided to third parties without obtaining your prior approval in accordance with Albanian Legislation for the protection of personal data. Any information provided is in accordance with Albanian Law No. 9887 dated 10.03.2008 “On the protection of personal data” and other additional Regulations. The user also confirms that the data presented are authentic and accurate. At the time of filing this data, the user agrees that this data be used for internal purposes in the agency and accepts their processing. The provision of personal data such as personal phone number or email is of his own free will. The agency may have obtained your data from other companies that have data collection and sales as part of their business. At the same time, Landways International needs to use your data to enable advice on using the services to you.

To provide you with the best possible services, Landways International, only with your consent, will use personal data for direct marketing purposes such as posting group photos or personal photos on the Facebook page or other networks social. You can choose not to be contacted for the whole field of marketing directly or indirectly or even for specific categories of it. Thus, you can make a separate complaint about: phone, direct mail; Facebook; e-mail; outbound telemarketing; and market research participation.

Based on Law no. 9887 dated 10.03.2008 the user through a request has the right to see his personal data deposited voluntarily or may request to correct them.

17. PLACE OF JURISDICTION / ARBITRATION CLAUSE

Disputes between the two parties will be resolved by mutual agreement, otherwise the jurisdiction to resolve belongs to the Court of First Instance, Tirana.