Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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    For the purpose of transposing Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, as published in the official journal of the European Communities L 158 of 23 June 1990, the Parliament adopted by this organic law.
Art. I.-the civil code of the Republic of Moldova nr. 1107-XV of 6 June 2002 (Official Gazette of the Republic of Moldova, 2002, no. 82-86, 661), as amended, is modified and completed as follows: 1. Article 1131 (1), the words "agent" shall be replaced with the word "retailer".
2. In article 1132: under paragraph (1), after the word "Organizer" shall be inserted the words "or" retailer;
article is supplemented with paragraph 11 with the following contents: "(11) in the preliminary information presented to the customer must be given in a clear, legible and accurate price and appropriate information concerning the destination of the voyage) means of transport available, their characteristics and categories;
b) the type of accommodation, its location, category or degree of comfort and its main features, its approval and tourist classification under the rules of the receiving State;
(c));
d) the itinerary;
e) conditions applicable to Passport and visa, as well as the health formalities required for the journey and the stay;
f) percentage of value or price is to be paid by way of advance and the timetable for payment of the balance;
g) that the package requires a minimum number of people and, in this case, the deadline for informing the customer in case of cancellation of the package;
h) conditions of prior bookings. "in paragraph (2) shall read as follows:" (2) the conditions included in the advertisement, offer or other information presented to the customer are binding on the organizer or retailer, except that: (a) modification of these conditions) has been communicated clearly to the customer before conclusion of the contract; in this case, the preliminary information must contain a special mention;
b) changes have occurred later as a result of an agreement between the Contracting Parties. "
3. In Article 1133: paragraph 1 shall read as follows: "(1) until a contract is concluded, the organizer and/or retailer is/are obliged to make available to the client, in writing or in any other appropriate manner, information on the conditions in the passport and visa requirements, including as regards the deadlines for obtaining them, as well as about health insurance requirements throughout the forthcoming voyage." (2) : in the introductory part, the words ' the Organizer is liable "shall be replaced with the words" established in the contract, the organiser and/or retailer are required ";
the letter b), the words "the organizer or" shall be replaced with the words "the organizer and/or retailer or", and the words "with the words" Organizer "of the organizer and/or retailer";
the letter d) shall read as follows: "(d)) the opportunity to purchase a policy to cover costs in the event of termination of the contract by the customer in accordance with art. 1143 or the cost of assistance, including repatriation, in the event of accident or illness, as well as other expenses. "
4. Article 1134: under paragraph (1) (f)), ' (the tourist agent) "shall be replaced with" the words "or retailer;
in paragraph 2, after the words "in writing" shall be inserted the words "on paper or on any durable medium available and accessible to the consumer," and in the final paragraph is completed with the text: "the client must receive a copy of these terms." in paragraph 3, the words "contract at the last minute" shall be replaced with the words ", at the last moment, the contract or reservation".
5. Article 1135: under paragraph (1), the word "Tourist" shall be replaced with the words "where the customer is unable to travel, it", and the word "tourist" with the word "client";
in paragraph 2, after the word "Organizer" shall be inserted the words "or retailer" and the word "tourist" shall be replaced with the words "customer service gives way his package one-third times".
6. article 1136: under paragraph (2), the words "exceptionally, in the case of a change in prices for transport, fees for certain services (fee for boarding and disembarkation fees at ports and airports, other charges)" shall be replaced with the text ", both in order to increase and decrease, if the modification occurs as a result of changes in costs for transport, changes in fees for certain services (fee for boarding and disembarkation fees at ports and airports)";
in paragraph 3, the words "can opt out of the contract" shall be replaced with the words "may terminate the contract," and after the word "Organizer" shall be inserted the words "or on" retailer;
Article shall be supplemented by paragraphs (4) and (5) with the following contents: "(4) if the customer withdraws from the contract pursuant to paragraph 1. (3) or if, for whatever cause, other than a customer's mistakes, the organizer or the retailer cancels the package before the agreed date of departure, the customer has the right to: a) to another package of equivalent or higher quality to the one initially, where the organizer and/or retailer is able to offer it. If the replacement package offered in compensation is of inferior quality to the one originally, organizer shall refund to the customer the difference in price; or b) to the reimbursement of any sums paid by the customer under the contract, no later than 14 calendar days from the moment of termination.
(5) in the cases referred to in paragraph 1. (4) the customer shall be entitled to compensation for non-performance of the contract, which shall be paid by the organizer or retailer, except that: (a) the cancellation is due to) number of persons enrolled for the package is less than the minimum number required, and the client is informed of the cancellation in writing within the period indicated in the package description; or (b)), except for the cases of cancellation of overbooking, are due to a case of force majeure. "
7. In article 1137: is completed with paragraph 11 with the following contents: "(11) the organizer and/or retailer is/are liable for performance of the obligations under the contract, including in the event that these obligations must be fulfilled by other service providers." article is completed with paragraph 21 with the following contents: "(21) in the case of claims of tourists concerning the implementation of the services specified in the contract the organizer and/or retailer, as well as service providers will act immediately to resolve all claims and sample her efforts to this end. "in paragraph (3) shall read as follows:" (3) If, after departure, a significant proportion of the services contracted for is not provided or the Organizer perceives that he will be unable to procure a significant proportion of the services provided for Organizer: a) performs at no extra cost for a tourist, suitable alternative arrangements for the continuation of services; and b) as appropriate, compensate the tourist to the limit of the difference between the services provided and the rendered. "article is supplemented by paragraphs (4) and (5) with the following contents:" (4) where the arrangements mentioned in paragraph 1. (3) are impossible or are not supported by the tourist for good reasons, the organiser shall provide to the tourist, at no extra cost, a means of transport equivalent will take you back to the place of departure or to another agreed in advance with the latter, their one.
(5) one must notify as soon as possible both the service provider and to the organizer and/or retailer in writing or any other appropriate form, failure in the performance of the contract which it finds on the spot. This requirement must be stated clearly and explicitly stated in the contract. "
8. Article 1140 shall read as follows: "Article 1140. Reparation for damage caused through the fault of (1) One can ask, regardless of whether the requested price reduction or dismissed, compensation for non-fulfilment of the contract where the deprivations of the trip is due to circumstances for which they are responsible, an organizer and/or retailer.
(2) the organizer and/or retailer is/are exempted from liability provided for in paragraph 1. (1) where such failure to perform or improper performance is attributable neither to their not, nor other supplier of services, because such failures are attributable to a third party unconnected with the provision of services specified in the contract and have an unforeseeable and inevitable.
(3) in the cases referred to in paragraph 1. (2) the organizer and/or retailer party to the contract are obliged to give prompt assistance to tourists in difficulty.
(4) without prejudice to the provisions of article 7. 1142 cannot derogate from the provisions of paragraph 1. (1) to (3) of this article by contractual clause. "
9. the code shall be supplemented with the following article: 11401

11401 "Article. Guarantee the organizer or retailer should bring guarantees to ensure that, in cases of insolvency, refund of amounts paid by the traveller and its repatriation. "
10. The second paragraph of article: 1142 unique becomes paragraph 1;
article is supplemented with paragraph (2) with the following contents: "(2) If a service provider liability is conditional, limited or excluded in accordance with international conventions, the organizer and/or retailer is able to rely in equal measure, towards the tourist."
Art. II.-in article 3 of law No. 352-XVI of 24 November 2006 on the Organization and conduct of tourist activity in the Republic of Moldova (Official Gazette of the Republic of Moldova, 2007, nr. 14-17, art. 40), as amended, the notions of "travel agency" and "operator" shall read as follows: "travel agency (also called the retailer)-individual or legal person who sells or offers for sale or contracted travel services from other providers as well as service packages established by the operator; "
"operator (also referred to as the Organizer)-the natural or legal person who organizes packages and sells or offers them for sale, whether directly or through travel agents;".
Art. III.-(1) this law shall enter into force 6 months after the date of publication.
(2) the Government shall, within six months from the date of publication of the present law:-will present proposals to the Parliament for bringing current legislation in accordance with the provisions of this law;
-will bring its normative acts in compliance with the provisions of this law;
-to adopt normative acts necessary for the execution of this law.