Terms and Conditions
Travelling Terms and Conditions of Helloocamp
As soon as the undermentioned travelling terms and conditions (TC) enter into force, they form part of the travel contract made between Client and Jozsef Attila Hajdu (Tax №: 01881000499), the representative of Helloocamp.
1. Entering into a Travel Contract
1. 1. Client, applying for a travel, provides Helloocamp the right to make a contract, in the matter of which TC are legally binding, that shall be prepared based on the tour description and relevant references of the homepage, in so far as these are available by Client. In case the booking concerns different seasons, then travel costs shall be counted pro rata, according to the all-time valid tariff provided by the homepage. The application shall be binding on the client concerned for a maximum of 10 days, until Helloocamp accepts it. The same applies to all participants listed on the application form to whom – the same way as to themselves - the applicant assumes an obligation, as long as applicant undertook this obligation in an explicit and separate statement.
1. 2. The contract shall come into force by accepting the order through filling the application form (hereafter: Application form) that is found on the homepage of Helloocamp (www.helloocamp.com). Specific format is not needed to this.
In case of application, the travel contract between Parties shall come into force by the following cumulative conditions:
a) filling the Application form found on the Homepage and sending it to Helloocamp;
b) confirmation and registration of application in e-mail by Helloocamp;
c) payment by Passenger of the deposit for their participation in the tour, and its credit on the bank account of Halloocamp.
On application or forthwith following the conclusion of the contract, Helloocamp shall send a text invoice/confirmation to passenger together with the travel insurance blank sheet.
Passenger bears all responsibility for the genuineness and relevance of dates provided on the Application form.
In case the conclusion of contract happens through an independent tour agent, further condition of the establishment of contract is the confirmation of Helloocamp to the tour agent.
Hellocamp assumes an obligation to reserve the booking for 10 days following the confirmation. If Passenger does not fulfil their obligation to pay the deposit (in case of point 2.2 the full participation fee) during this period, then Helloocamp is entitled to take no notice of the booking while notifying the Passenger about this.
1. 3. If, based on a previous booking, Passenger shall not pay the deposit, then Passenger can be provided a new offer with a new confirmation. In this case this is considered as a new offer, and this offer is binding for 10 days in point of Helloocamp. During this period Client can accept this new offer through an explicit and definite statement (e.g. paying the deposit), and the travel contract shall come into force according to the new offer.
1. 4. All the brochures, descriptions and guides that were not published and provided by Helloocamp to Passenger, do not form parts of the travel contract, and these do not impose any obligation on Halloocamp, and Halloocamp is not bound to fulfil them.
2. 1. Payment of the 25% of travel costs due after Client receives the invoice/confirmation within 10 days.
2.2. In case the booking happens at short notice (with less than 4 weeks before travel), the payment of the full participation fee becomes due after Client receives the invoice/confirmation and the travel insurance blank sheet.
2.3. To the additionally concluded storno insurances or other insurances, the full payment of agreed premiums becomes due straight after their conclusion.
2.4. If Client does not perform the payment of the deposit and/or the last installment within agreed deadline, Helloocamp is entitled to withdraw from the travel contract after notifying Client about the deadline. In this case Helloocamp is entitled to charge passenger with the cancellation costs as stated in Section 2 of § 5.
3. Change of Travel Description, Change of Prices before Signing a Contract
3.1. Extent of Service
To the extent and type of services undertaken in the contract by Helloocamp, the announcements published on its homepage and the information provided in the travel confirmation shall be normative.
The facilities can be occupied by those listed in the travel description and the travel confirmation. If their number differs from the previously agreed one, then the service provider is entitled to dismiss the surplus persons or charge extra fees.
Pets are allowed to given facility only if it is specifically stated on the homepage. In case of violating this rule, the staff can deny the use of the facility.
3.4. Change of Travel Description
Helloocamp can change the travel discription before signing a contract, if that is objectively justified or important, or in cases of unforeseen circumstances.
3.5. Change of Prices before Signing a Contract
Helloocamp reserves the right to change the price before signing the contract if the fiscal charges, taxes (e.g. VAT in given interval) grow in case of certain services, or if the currency exchange rate provided in the brochure changes in case of the tour in question. Helloocamp also reserves the right to increase travel fees before signing the contract if the tour required by passenger or described in the homepage is feasible only by purchasing extra quotas and the purchase of these quotas happens after publishing the brochure or homepage.
3.6. Helloocamp reserves the right to occasionally advertise special, commersionally preferential offers (that are either at a lower price than stated in the Brochure, or at a higher level of service for the same price, or that include extra services). In this case the conditions of the contract previously made between Passenger and Helloocamp shall not be modified.
4. Services and Change of Prices after Signing a Contract
4.1. Change of Service
Changes and modifications that became necessary after signing the contract in connection with the travel service, in which cases Helloocamp acts in good faith, are permissible only if these changes do not significantly influence the nature of travel. The incidental warranty demands remain untouched if shortcomings can be hold against the altered performance. Helloocamp is bound to notify clients without fail about the change or modification of service after the reason of change came to their knowledge. If the travel service significantly changes or becomes modified, Client is entitled to withdraw from travel contract free of charge, or ask their participation in a travel of a similar value, if Helloocamp is in a situation when such travel can be offered to passenger without additional cost. After receiving the information from Helloocamp, Passenger is entitled to give effect to their right in the matter of service changes.
4.2. Change of Prices
Helloocamp reserves the right to change its prices after signing the contract if the fiscal charges, taxes (e.g. VAT in given interval) grow in case of certain services, or the currency exchange rate provided in the brochure changes in case of the tour in question. This happens as follows: Helloocamp can proportionately increase the travel fees because of the increased fiscal charges and taxes. In case of the change of exchange rate, Helloocamp can increase the travel fees to the extent that they do not exceed the increase in the prices of travel services. Helloocamp shall notify client about the exchange rate used for the travel in question, but if the change of exchange rate occurs after signing the contract, then they have to count with the new rate. The rise is permitted only if there are at least 4 months between signing the contract and the start of travel; and the circumstances that led to the rise of prices has not been present before concluding the contract and that were unpredictable at signing the contract. From the 20th day in advance of starting the travel, prices cannot be increased. In case of an additional rise in prices, Helloocamp is bound to immediately notify client about the event. In this case, or in case of a rise in prices that is higher than 5%, and that is objectively and legally justified, passenger is entitled to withdraw from travel contract free of charge, or ask their participation in a travel of a similar value, if Helloocamp is in a situation when such travel can be offered to passenger without additional cost. After receiving the information from Helloocamp, Passenger is entitled to give effect to their right in the matter of service changes.
5. The Withdrawal of Client, Transfers, Change/replacement of Passenger
5.1. Passenger is allowed to withdraw from travelling before starting the travel in any case. Withdrawal has to be reported to Helloocamp on the address provided on the confirmation. If the trip was booked through a travel agent, then the withdrawal can be reported to the agent too. We recommend that the client announce the withdrawal in writing.
5.2. If the client withdraws from travelling before the start of travel or they do not start the travel, then Helloocamp shall lose its right to receive the travel fees. If the withdrawal is not imputable to Halloocamp, or if it happens for reasons of force majeure, Helloocamp is entitled to require the preparation costs that arose before the withdrawal, in the light of the prevailing travel costs.
5.3. Helloocamp determines the rate of compensation pro-rata, that is, they will take into consideration the date of withdrawal compared to the start date of travelling as stated in the contract, while the saved costs and other savings that arise from other uses of the service.
The calculation of compensation after Helloocamp has received the notification about the withdrawal happens as follows: General expenses of a storno invoice:
The rate of compensation in case of cancellation of caravans, mobil homes, tents, hotels, bungalows, holiday homes:
- earlier than 31 days before the start of travel(in case of a sightseeing tour) or checkin(in case of accomodation) the cancellation is free.
- within 30 days prior to starting travel(in case of a sightseeing tour) or checkin(in case of accomodation) we will deduct the deposit =25% of travel/accomodation costs.
b) Specific expenses of cancellation
Specific offers such as ferry bookings can also be subjects of cancellation, if these are expressely stated in the description of the prevailing service and the travel description/offer.
5.4. Client is always entitled to verify whether Helloocamp suffered any loss or suffered a significantly smaller loss than the charged lump sum.
5.5. Helloocamp reserves the right to demand a higher, exactly calculated compensation instead of the established lump sum, if Helloocamp is able to prove that their expenses were significantly higher than the prevailing flat rate. In this case, when demanding compensation, Helloocamp shall consider the saved costs and the potentially otherwise realized travel services.
5.6. Helloocamp expressly suggests to conclude a storno insurance.
5.7. Transfer is not a justifiable demand. If the claim for a transfer (changes concerning the date of travel, destination, place of start of travel, accommodation and transport) occurs to client after booking the travel, Helloocamp can charge a 25 EUR transfer fee. Before starting the travel, clients can ask that a third party take over the rights and obligations of the travel contract and participate in booked travel. Transfer can be performed solely at least 35 day in advance of travel. After that, if a transfer can be performed at all, it is solvable only by a pre-arranged withdrawal from travel contract as set out in 5.3 point and by client’s simultaneous re-application. This does not apply to low-cost transfer demands.
5.8. Before starting the travel, clients can ask that a third party take over the rights and obligations of the travel contract. This comes with a 25 EUR administrative cost. Helloocamp is entitled to deny the participation of third party if they do not meet the requirements of the travel or their participation is not allowed by statutory or official regulations. If third party enters the contract, then – against Helloocamp - third party or the passenger as debtor is responsible for the travel costs and the extra costs that arise from the entry of a third party.
6. Notice from Helloocamp
If passenger permanently disturbs the travel despite the agreement made with Helloocamp, or behaves against the contract and it is not possible to conventionally continue the travel until the end of it, Helloocamp is entitled to terminate the contract without keeping any deadline. In this case Helloocamp has the right to claim the travel costs, deducting the saved costs and the savings that arise from the non payment of service providers or savings that arise from similar reasons, that are the result of services not used. The potential extra costs of a return trip is paid by the party who caused the disturbance.
7. Services not Used
If passenger - from his/her own fault - does not use the travel services or parts of the services offered by Helloocamp according to rules (e.g. early departure because of illness), then pro-rata compensation of travel costs cannot be demanded. Even so, Helloocamp shall act on the compensation of saved costs at the service providers. This obligation does not exist if the unused services are of small value or the compensation is against statutory or official regulations. Helloocamp recommends to conclude an insurance for the event of interrupted travel.
8. Obligations of Passenger/Client
8.1. Travel documents
Client has to notify Helloocamp if they do not receive the necessary documents (e.g. receipt of participation/voucher) within the deadline provided by Helloocamp.
8.2. Announcement of Shortcomings/Request for Assistance
If passenger interprets the contract as not conventionally fulfilled, an assistance can be requested. Passenger is bound to notify the person - who is responsible locally for the travel - about the shortcomings without fail. If there is no official representative who accompany the group and that is not necessary according to the contract, then Helloocamp has to be directly notified about these shortcomings. If passenger fails to report the shortcoming in time, then the reduction of travel cost does not become necessary. This does not apply if the announcement is seemingly unnecessary or cannot be expected for other reasons. The group leader has to provide assistance if that is possible, but he/she is not entitled to acknowledge the passenger’s claims.
8.3. Period of notice
If the client/passenger would like to terminate the travel and that is acknowledged by Helloocamp because of unreasonable reasoning, Helloocamp has to appoint a short deadline for providing assistance. This does not apply only if assistance is not possible, or Helloocamp denies that; or if the passenger/client terminated the contract with immediate effect because of a special reason that has been acknowledged by Helloocamp too.
9. Restriction of Responsibility
9.1. Helloocamp’s contractual liability is limited to the treble of travel costs in terms of damages occurred in human life, body or health, in case the damage of the passenger occurs as a result of substantial negligence; or because Halloocamp is responsible for the passenger’s damage as sole service provider. As far as possible, the demands over and above this are not subject to limitations as set out in the Montreal Agreement, the Warsaw Convention and the Aviation Code.
9.2. Helloocamp does not take responsibility for damages related to the fulfilment of the contract, such as fulfilment disturbances, personal and material damage that arise during the performance of extraneous service providers if these services were listed in the travel description and the booking confirmation together with the name of the service provider as extraneous services, and these partners are not parts of our contractual services. However, Helloocamp takes responsibility for performances such as transport from point of departure to point of arrival, transport in between and during travel, if and to the extent that one of the losses suffered arose as a result of Helloocamp’s highlighting, informative or organizational responsibility.
9.3. Helloocamp does not take responsibility for third party’s travel descriptions (e.g. travel agent), that it cannot control and accuracy of which Helloocamp could not verify. Service providers and/or third parties are not entitled to provide assurance to Helloocamp or to conclude and agreement that is not in agreement with the datas of the brochure, homepage or the travel descriptions and booking confirmations; or they contradict or change the content of the travel contract.
9.4. Helloocamp does not take responsibility for services made use of by passenger during the trip, that are not mediated by Helloocamp but a local agency, hotel, other persons or companies, etc. on their own responsibility.
10. Claims, Deadline for Claiming, Ban on Withdrawal
10.1. Passenger/Client has to submit their claim for warranty - in accordance with the travel contract - directly to Helloocamp 1 months after the contractual end of the travel through the contact details provided in Terms and Conditions. It is recommended to be done in writing.
10 2. After the expiry of the 1 month deadline, passenger/client can enforce their right to claim only if they were prevented from keeping the deadline through no fault of their own.
10 3. Deadline starts with the day following the last day of the travel. If the last day of the deadline falls on Saturday, Sunday, or a holiday recognized on the place where the claim is made, then this day is the first working day.
10. 4. The transfer of claims against Helloocamp to third party that does not participate in the travel, is impossible.
11. 1. Claims of passenger/client lapse after 2 years, except the claims that aim at ending bodily or health related harm; or that aim at a fatal error of Helloocamp or its failure to offer assistance. This applies to the reimbursement of damages too that occur - from the part of Helloocamp, a legal representative or executor - as a result of failure to comply with their obligations.
11.2. Other claims lapse after 1 year.
11.3. The lapse starts on the day that follows the end of travel. If the last day of the lapse falls on Saturday, Sunday, or a holiday recognized on the place where the claim is made, then this day is the first working day.
11. 4. In case of uncertainty between client/passenger and Helloocamp that concerns the claim or the circumstances that support the claim, lapse becomes suspended until the client/passenger or Helloocamp denies the resumption of negotiations. The lapse comes into force 3 months after ending the hindrance, as the earliest.
12. Passport, Visa and Health Regulations
12. 1. Before entering into a contract, Helloocamp shall inform the citizens of those EU member states about relevant passport, visa and health requirements and their incidental changes, where it offers its tours. The citizens of other countries shall obtain information from their consulate. Helloocamp assumes that there is no extraordinary case in case of any passenger/client, such as dual citizenship or statelessness.
12. 2. In case Helloocamp fulfilled its obligation of providing information, passenger/client is responsible to keep all regulations necessary for the implementation of the travel. Passenger/client is responsible to obtain and hold the necessary travel documents, and they have to ensure that the documents would be valid during the duration of travel.
Beyond that, client/passenger is responsible for arranging their own vaccination and for keeping customs and foreign currency regulations. If client/passenger suffers loss due to non-compliance with instructions (e.g. refusal of transport), then it would be charged to them. In this case rules of point 5.2 shall be operative.
13. Law Applicable, Competent Judicial Body
13.1. The Italian legislation is applicable to the contractual relationship between client and Helloocamp. Parties record that they shall endeavor to settle the disputes that arise from present contract by amicable means; in case of failure to settle a dispute this way, they specify the jurisdiction of the Court of Livorno. Questions untouched upon present contract as well as disputable questions shall be settled by the prevailing operative Italian Civil Code and relevant regulations (Italian law).
13.2. Client/passenger can litigate Helloocamp only on its seat. In case of a lawsuit against client by Helloocamp, client’s seat is competent. In case of proceedings against clients who are traders, public or privaty entities; or persons whose seat or normal residence is abroad; or if in the time of entering a litigation their seat or residence is unknown, then the Court of Livorno is competent, where Helloocamp resides.
13.3. Above specifications are not operative
a) if and to the extent that the contractually not negligible regulations of international agreements, that are applicable to the contract between client/passenger and Helloocamp, specifies differently in favour of client/passenger.
b) if and to the extent that the contractually not negligible regulations of the travel contract are more favourable for client/passenger in the EU member state where client/passenger belongs, than the former defines or relevant Italian regulations.
References to Termination in Case of Force Majeure
If the travel becomes appreciably more difficult, compromised or influenced at the time of contracting due to unforeseen circumstances, then both the travel agent and the passenger can solely terminate the contract on the grounds of this regulation. Parties must bear half of the additional cost of restitution each. Otherwise additional costs shall be charged to passenger.
Hajdu Jozsef Attila from Helloocamp.
Data protection requirements: clients’ personal datas provided on booking shall be processed electronically, and remain in use during the fulfillment of contract.
Passenger is bound to obtain a valid accident, illness and luggage insurance (hereafter: Insurance) for the duration of the trip. Helloocamp draws Passenger’s attention that in lack of Insurance, Passenger shall be charged for the losses suffered and caused.
Helloocamp informs Passenger that the participation fee does not include Insurance costs.
Helloocamp undertakes the intermediary role between Passenger and Insurer for an extra insurance fee in accordance with the conditions set out by insurers. The description of various insurance methods mediated by Helloocamp are available through the homepage.
If Passenger takes an insurance and/or an insurance for the cancellation of the travel through Helloocamp; and if Helloocamp concluded an insurance for the benefit of Passenger, then Helloocamp is bound to provide Passenger with the insurance policy, and the rules of given insurance product, the certificate that qualifies for the use of the insurance, together with the documents that authorize the recourse of travel services as stated in the travel contract.
1. Minors under the age of 14 can participate in the trip only together with an adult attendant. If this adult is not the minor’s caregiver, then the condition of the child’s participation in the trip is a private document representing conclusive evidence obtained from the child’s guardian, in Hungarian and in the language of the country of visit, or in the language of the transit country; or it has to be accompanied by a translation, or rather, if the translation of this statement presents difficulty into the language of the country of visit, then a declaration of consent in English is sufficient. To the participation of children between the age of 14 and 18 in the trip, a private declaration of consent representing conclusive evidence obtained from the child’s guardian is necessary.
2. Signing TC, Passenger agrees that in connection with the fulfillment of travel contract, the personal datas provided to Helloocamp would be stored and managed by Helloocamp.
3. Passenger is bound to obtain and hold valid travel documents and visas, as well as keeping relevant customs, entry and exit regulations.
4. Passenger is aware that Helloocamp can take photos and make video recordings during the trip. By signing the travel contract passenger agrees to taking photos and making videos. By signing the travel contract passenger agrees that the photos and videos made by Helloocamp, that possibly depict Passenger too, would be shared on its Homepage, on Facebook, Instagram and other social media, and use them in the course of business and other promotional activities. Present consent does not apply to sharing pornographic recordings and that are against human dignity.
5. By signing the travel contract, Passenger agrees to receiving travel offers and other promotional offers from Helloocamp by post, e-mail, or text message.
6. Notifications sent in e-mail shall be considered as delivered on the day after their dispatch. Marina di Bibbona, 25/10/2017