Tourist Agreement
I.I Recitals
a. The relationships between the Organising Travel Agency TRAVELCARPATHIA SRL and the Tourist/Beneficiary are governed by the terms set forth herein, by the legal provisions, as well as by the travel customs and practices. These relationships are based on mutual trust and good faith.
II. Subject of the Agreement
2.1 The subject of this Agreement is the sale of travel service packages and related travel services, composed of several travel services offered by the Organising Travel Agency and selected and agreed by the Tourist in the booking form, with the express specification of the travel period, accommodation and travel destination, in exchange for a price that shall be set for each offer.
2.2 The actual marketing operations for travel service packages and related tourist services are carried out based upon the firm orders submitted through the Booking form.
2.3 The travel services shall be provided to the tourists entered in the Booking form.
The name and data entered in the Booking form shall automatically appear on all travel documents (vouchers, airline tickets, etc.). By signing this Agreement, the Client confirms the accuracy regarding the tourists’ names, as indicated in Chapter I. The Contracting Parties. If these do not comply with the documents (Id/passport) held by tourists, the providers of the Organising Travel Agency may refuse boarding or accommodation of the individuals in question, and the latter may not request reimbursement of the amounts paid or any other compensation for this situation from the travel agency.
If a single person hires services for a larger number of tourists, the contractual terms automatically and irrevocably extend to all persons for whom the travel services have been paid.
III. Price and payment method:
3.1 The total price of the travel service packages subject to this Agreement is the one provided by the Organising Travel Agency and accepted by the Tourist. The acceptance of the Contractual terms and conditions shall be acknowledged by signing the Agreement, in its entirety. The Agreement for marketing travel service packages and related travel services shall be validly entered into when the Beneficiary receives the written confirmation of the booking. The silence or lack of action on behalf of the Beneficiary shall not be deemed as acceptance of the offer.
3.2 The above-mentioned price includes all taxes, fees, charges, except for costs that cannot reasonably be calculated prior to entering into this Agreement. Such additional costs may be, for example, termination penalties (to be determined where applicable based upon the provisions of this Agreement and applicable legislation), city/resort fees, sanitation fee and other local taxes, visa and border crossing fees, additional costs arising from the accommodation of a single tourist in a double room, when the price of the package considered the occupancy of the double room by two tourists, or any other services mentioned as not included in the description of the offer.
3.3 Any change (related to the change of accommodation facility, the date of departure, the name or the change of the client indicated in the Agreement or any essential main element that is the subject to the Agreement) upon the request submitted by the client indicated in the Agreement shall be charged EUR 25 per person; the change shall be valid only if possible and unless it conflicts with the package cancellation penalties.
3.4 The payment of the travel services related to this Agreement may be settle in a single currency, in foreign currency (EUR) or in RON at the NBR reference exchange rate + 2% (fee for exchange rate differences and foreign exchange risk) valid upon issuance of the advance payment invoice.
IV. Payment terms
4.1 The Tourist must pay 40% of the total price of the service package upon entering into this Agreement, and the remaining amount no later than 14 days before departure to the travel destination.
4.2 In case of individual accommodation services, the applicable payment terms shall be as explicitly stipulated at the time of booking. The exceptions to these conditions are the offers in which other payment/cancellation conditions shall be explicitly mentioned.
4.3 The Tourist is bound to pay the amount for the travel package/service according to the aforementioned terms.
4.4 The Tourist shall pay a penalty amounting to one percent, in case of the trip cancellation by the Tourist, in relation to the total price of the travel package/service, to be retained immediately and without the intervention of a court of law, from the advance paid by the Tourist, the amount of which is calculated by the time when cancellation occurs (number of days before the departure date), as follows:
● 0% of the Agreement price for its termination up to 30 days before departure
● 50% of the Agreement price for withdrawal between 30 days – 15 days before the first day of the trip
● 100% of the Agreement price for withdrawal less than 15 days before the first day of the trip
4.5 Failure by the Tourist to comply with the payment terms entitles the Organising Travel Agency to terminate the Agreement without any prior formality, in which case the Tourist owes compensation in the same amount as the one applicable in the event of its cancellation by the Tourist, as indicated above.
V. General terms
5.1 The travel agency TRAVELCARPATHIA S.R.L. has the Tour operator license no. 3074/August 26th, 2024. The Tourist is insured for the reimbursement of repatriation expenses and/or the amounts paid, in case of insolvency or bankruptcy of the Agency, through the Insurance Policy against insolvency from: Omniasig – No. 51834: Validity May 1st, 2025 – April 30th, 2026, displayed on the travel agency’s website – https://travelcarpathia.com/. The Agreement for marketing travel services gives rise to the legal relationship between the Organising Travel Agency and the Tourist, being subject to the regulations of Government Ordinance no. 2/2018, of the Civil Code and other applicable regulations.
VI. Rights and obligations of the Organising Travel Agency
6.1 The Organising Travel Agency undertakes to make all efforts to ensure the contracted services under normal and timely conditions.
6.2 The Organising Travel Agency informed the Tourist, correctly and completely, about all the essential elements provided by the applicable legislation.
6.3 The Agency shall not be liable for any damage caused by the failure to make the booking, if this is due to objective grounds, such as, but not limited to: change by the service provider until the time of booking the price of the offered product/service, unavailability of the offered product/service.
6.4 The Organising Travel Agency reserves the right to modify or cancel the travel program in certain cases: natural disasters, social movements, strikes, wars, political changes, delays, cancellations or temporary closures of traffic by road, rail, air or sea, without notifying tourists if these occur within a time frame too short to notify all participants.
6.5 The Agency reserves the right to cancel the travel service/travel service package if the minimum number of persons, as notified in advance, is not met, when these services include transport. In the event of such cancellations, the amounts paid by the Tourist shall be returned to him without any additional compensation.
6.6 The Agency reserves the right to change the type or category of means of transport or accommodation facility, without the right to compensate the Tourist.
6.7 The Organising Travel Agency shall be in charge of properly rendering of all travel services included in the Agreement and is bound to provide assistance should the Tourist face difficulty. If the travel schedule has been met, no claim for damages or penalties or reimbursement of the price can be made.
6.8 The Organising Travel Agency shall not be liable for booking errors attributable to the Tourist or caused by unavoidable and extraordinary circumstances.
6.9 In the event of errors (technical, computer, human, etc.) that may generate temporary display of wrong tariffs (erroneous mapping, computer system errors, etc.), the Organising Travel Agency shall immediately communicate them to the Tourist, and he has the right to decide whether to waive the Agreement, but without the right to claim penalties or if the Tourist accepts the Agreement under the corrected price conditions. In case of withdrawal from the Agreement, the Organising Travel Agency shall refund the collected price as soon as possible.
6.10 Before enforcing the service package, the Organising Travel Agency may unilaterally change the Agreement terms regarding the travel service package other than those related to the price, when the change is insignificant and the Tourist has been informed in writing of the change.
6.11 If, before the package is enforced, the Organising Travel Agency must significantly modify any of the main features of the travel services covered by this Agreement or cannot meet the special requirements of the Tourist, which it has previously accepted, or proposes to increase the package price by more than 8%, the Tourist may accept the proposed change or terminate the Agreement, within 24 hours, without paying any termination penalty. If the changes to the travel package agreement result in a decrease in the quality or cost of the package, the Tourist is entitled to a corresponding reduction in the price. If the Tourist chooses to terminate the Agreement, under the previous terms, the Organising Travel Agency reimburses all payments made by or on behalf of the Tourist, within 14 business days from the Agreement termination date. Reimbursement of any paid amounts shall be made exclusively by wire transfer to the bank account designated by the Tourist, in the identification data.
6.12 If the Tourist terminates the travel package agreement, he/she may accept another package, when this is offered by the Organising Travel Agency, if possible, having an equivalent or higher quality. The Organising Travel Agency shall inform the Tourist, in writing, about the proposed changes and their impact on the package price. When necessary, it shall notify the Tourist regarding the replacement package offered and its price. The Tourist has 24 hours to inform the Organising Travel Agency of his/her decision. In the absence of a reply by the aforementioned deadline, it shall be deemed that the Tourist has accepted the changes proposed by the Organising Travel Agency and can no longer terminate the Agreement or request any compensation.
6.13 The Organising Travel Agency may change the order of visits in the schedule in case of circuits or cruises.
6.14 For the purposes of this Agreement, any notice shall be valid only if made in writing, including by electronic mail (e-mail).
6.15 The Organising Travel Agency shall not be liable for postponements or delays of any kind caused by the fulfilment of formalities required by the representatives from the countries of destination or transit, such as the issuance of late visas and shall not be liable for any damage caused to the Tourist by such delays.
6.16 The Organising Travel Agency shall not be liable for delays throughout the travel schedule for reasons that are not attributable to it, such as flight delays, adverse weather conditions, customs formalities, etc. The Organising Travel Agency is exempted from liability for any damages resulting from the loss of connections, commercial meetings, etc. In the event of purchasing travel service packages with air transport, the air carrier, without requesting the consent of the travel agency that manages the travel schedule, is entitled to change the flight times. Therefore, the Agency shall not be held liable for the take-off/landing of aircraft at a different time than the one registered in the travel schedule. For these delays, the airline is bound to assist tourists in accordance with Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 laying down common rules on compensation and assistance to passengers in the event of denied boarding and the cancellation or long delay of flights and repealing Regulation (EEC) No 295/91, implemented by Government Decision No 1912/2006. Any problem with the operation of the flight and the adjacent actions shall be under the competence and responsibility of the carrier, the flight ticket being the contract between the passenger and the carrier. In case of such travel service packages, the departure and arrival date are not considered travel days, being intended for transport.
6.17 In case of travel services or travel packages that also include meal services in the destination hotel/hotels, they shall be provided to tourists according to the meal serving schedule of each hotel. Specifically, tourists shall be given meal services as stated in the Agreement, but only after checking-in at the hotel and according to the meal serving schedule of each hotel. If the tourist needs to obtain a tourist visa or other such approvals to travel, and they are not granted or he/she does not obtain them, the Organising Travel Agency shall not be liable, in any way, and the above situation cannot justify termination requests without penalty of the Agreement with the tourist or reimbursement of the paid amounts. The Organising Travel Agency is also exempted from liability when the tourist is denied departure for the trip or entry into the territory of another state by the authorities of said country or when such authorities decide to expel/return a tourist to the country of origin. In any such or similar situation, the responsibility lies entirely with the tourist.
6.18 Furthermore, in any such or similar situation, where the authorities of the country of destination do not allow the tourist access to its territory and the procedure for immediate return to the country of origin involves the payment of additional costs (such as but not limited to: a new flight ticket for return flight in Romania), these costs shall be fully borne by the tourist. When such costs are initially/provisionally paid by the Organising Travel Agency, the Agency shall notify the tourist and send him/her the amount for payment and proof thereof, and the tourist shall have to make the payment within 5 days of the notice, under the penalty of late payment penalties, as set forth in this Agreement.
VII. RIGHTS AND OBLIGATIONS OF THE BENEFICIARY (TOURIST)
7.1 The Tourist is entitled to correct and complete information about the service package offered by the Organising Travel Agency, including its price, so that no equivocal interpretations are possible. The Tourist declares that such information was received during the pre-contractual period.
7.2 The price, content and schedule of the service package can also be described in leaflets, brochures, etc., enclosed to this Agreement. The Organising Travel Agency shall not be liable for the faulty rendering of the services specified in the section ‘PRICE DOES NOT INCLUDE’. These are optional only if not otherwise specified and set forth by the local partners of the Organising Travel Agency or by other providers.
7.3 The Tourist may make known to the Organising Travel Agency his/her special requests during the pre-contractual period, to be included in the Agreement, if they are accepted by the Organising Travel Agency. No special requirement of the Tourist is deemed accepted unless it is entered into the Agreement.
7.4 If the Tourist is unable to travel, he/she may transfer the travel package agreement to a person who meets all the requirements applicable to such Agreement, after notifying the travel agency, in writing, at least seven days before the package is used. The Organising Travel Agency informs the person transferring the Agreement about the actual costs of the transfer. The person transferring the package travel Agreement and the person to whom the Agreement is transferred shall jointly and severally be liable for the payment of the balance and all fees, tariffs and other additional costs generated by this transfer.
7.5 If the Organising Travel Agency does not receive these amounts, within the time limit set by it and communicated to the person wishing to transfer the Agreement, the Agreement shall be deemed unaffected (not transferred), and the tourist’s absence from the travel schedule does not give him the right to request any price reimbursement or compensation.
7.6 With the payment of additional costs from the transfer of the Agreement or incurred later on, but until the travel services commence, both the transferor and the person taking over the Agreement shall appear at one of the Organising Travel Agency’s places of business and shall sign the termination of the initial Agreement, and the entering into of a new one. If the means of transport is the plane, the assignment of the Agreement shall depend upon the possibility of transferring the seat in the plane, which lies exclusively with the airline.
7.7 If the Tourist has booked the travel service package for a price that takes into account the accommodation in a double room, and this is not possible because the tourist is travelling alone or with other tourists, but together they make an odd number, the tourist/tourists accept one of the following mechanisms:
a. Guaranteed arrangements – the client pays a fixed, non-refundable fee, above the initial price of the package (which is determined for a place in the double room but presuming that two tourists stay in the double room); Should the payment of this additional cost be accepted and paid, the tour operator guarantees that it shall find a roommate or, if it fails to do so, the tour operator shall bear the cost of the single room supplement.
b. Non-guaranteed arrangements – the tour operator shall book the double room at the hotel, and if until 30 days before departure no one of the same sex is included in the group arrangement to which the tourist belongs, the client shall presume payment of the single room supplement.
7.8 The Tourist may not, under any circumstances, waive the Agreement or request its termination, for reasons related to the payment of additional amounts, as set out above. Also, the tour operator shall not be liable in any way and shall not pay any compensation for any potential disagreements between tourists who are travelling alone but sharing a double room during the stay.
7.9 The Tourist shall be fully liable for compliance with the legal provisions regarding the visa terms, tourist documents, customs and health terms, etc. in the countries of destination or transit.
7.10 The Tourist must check the tourist documents (tickets, insurance, etc.) as well as other documents issued by the Organising Travel Agency and shall retain all the information provided by the Agency representatives, regardless of how it is submitted (written or verbal).
7.11 Optionally, the tourist may enter into an insurance agreement, covering the transfer fees, or an assistance agreement covering the repatriation fees in case of accidents, illness or death, or of a baggage insurance agreement.
7.12 The Tourist acknowledges and accepts that the optional travel services, purchased in addition to those included in the travel package offered by the Organising Travel Agency, are under the strict responsibility of the local provider, are governed by the legislation of the country of destination, and the Organising Travel Agency shall not be liable in any way for them.
7.13 The Tourist knows and accepts that accommodation units are classified by the competent authorities of the destination countries, according to the legal rules applicable said countries. Any inconsistencies between the official classification of the accommodation facility and the expectations of the tourist may not, under any circumstances and for any reason, result in compensation being paid by the Organising Travel Agency, nor may they be used by the tourist as a reason for terminating the Agreement. If, however, the Tourist terminates the Agreement for such reasons, the Organising Travel Agency cannot be forced to refund the price and/or to pay any penalty/compensation. This paragraph shall also apply mutatis mutandis with regard to the classification/comfort category of the means of transport (road, naval/sea, rail, air).
7.14 The Tourist acknowledges and accepts that the legislation of some states prohibits the conduct of tourist guidance services by foreign guides: in such situations, the Organising Travel Agency shall provide tourist guidance services (if they are included in the travel package) through local guides in the country of destination.
7.15 The Tourist cannot claim any compensation from the Agency if the cancellation of the trip occurs as a result of failure to achieve the minimum number of persons, a case of force majeure, and if the Tourist was previously informed with at least 7 calendar days about such changes/cancellations.
VIII. CHANGES IN THE AGREEMENT PRICE
8.1 The prices and tariffs for service packages are set forth by Agreement.
8.2 Any change (related to the change of accommodation, the date of departure, the name or change of the persons holding the Agreement or any main element which is the subject to the Agreement) upon the request of the Agreement holder shall be charged. The Organising Travel Agency shall communicate to the Tourist the amount requested for the change, and the change shall be enforced only if possible and if it does not conflict with the package cancellation penalties.
8.3 After entering into the Agreement regarding the travel service package, the prices can be unilaterally increased by the Organising Travel Agency or reduced upon the tourist’s request. Price increases are only possible as a direct consequence of changes related to at least one of the following: (i) the price for transport of passengers resulting from the cost of fuel or other energy sources, (ii) the amount of fees or charges applicable to the travel services included in the Agreement required by third parties, who are not directly involved in the performance of the package, including travel charges, landing fees or boarding or landing fees for ports and airports; and (iii) the exchange rate relevant to that package.
8.4 In the event of a price increase, the Organising Travel Agency shall send the tourist a written notice of this increase, accompanied by a reasoned explanation for such increase, as well as a calculation, at least 14 days before the package is enforced. The potential decrease in the costs requested by the Tourist can be based only a cost decrease, as mentioned above, which occurs after entering into the Agreement and before the package is enforced.
IX. AMENDMENTS, WITHDRAWALS, CANCELLATIONS
9.1 The Tourist may terminate the travel service package agreement at any time before the package is enforced. If the Tourist terminates the travel service package agreement, he/she shall be bound to pay to the Organising Travel Agency an adequate and justifiable termination penalty.
The Contracting Parties freely agree that the termination penalty requested by the Organising Travel Agency is appropriate and reasonable, as follows:
● 0% of the Agreement price for its termination up to 30 days before departure
● 50% of the Agreement price for withdrawal between 30 and 15 days before the first day of the trip
● 100% of the Agreement price for withdrawal less than 15 days before the first day of the trip
9.2 The offers/bookings for which other payment/cancellation terms are explicitly stipulated are exempted from these penalty requirements, as well as if higher penalties are stipulated in this Agreement.
9.3 The Organising Travel Agency may terminate the travel service package and may offer the Tourist full refund of all payments made for the package, but he shall not be held liable for payment of additional compensation, in one of the following cases:
a) the number of persons enrolled for in the package is less than the minimum number set out in the Agreement, and the Organising Travel Agency shall notify the tourist on termination of the Agreement within the interval set forth herein, but no later than:
(i) 20 days before the package is enforced, in case of tourists for more than six days;
(ii) seven days before the package is enforced, in case of tourists between two and six days;
(iii) 48 hours before the package is enforced, in case of tourists for less than two days;
b) the Organising Travel Agency cannot perform the Agreement due to unavoidable and extraordinary circumstances and shall notify the tourist on the termination of the Agreement without delay and before the package is enforced.
Throughout the travel schedule or the rendering of travel services, the Tourist may give up all or part of the offered services; in this case he/she is not entitled to any reimbursement or compensation.
9.4 If the Tourist has medical reasons to claim unilateral termination, the travel service package shall be reimbursed by the insurance company, if the tourist has such a storno insurance valid. Storno insurance can be obtained only on the date of entering into this Agreement.
9.5 If a significant part of the travel services cannot be performed as agreed in the Agreement, the Organising Travel Agency shall provide, without additional costs for the Tourist, appropriate alternative services for the continuation of the package, equivalent to the extent possible or of better quality than those specified herein, including where the return of the tourist to the place of departure is not ensured as agreed. In case of changes in the accommodation, another accommodation facility shall be ensured in the same location or area, closest to the initial one, available at that time. When the alternative services proposed by the Organising Travel Agency result in a lower quality package than the one specified in the travel service package agreement, the Tourist shall benefit from an adequate price reduction, established by the Agency.
9.6 The Tourist may reject alternative services only if they are not comparable to what was agreed in the Agreement or if the price reduction granted is inadequate.
X. COMPLAINTS AND LITIGATION, TOURIST ASSISTANCE AND CONTRACTUAL LIABILITY
10.1 The Tourist has the obligation to inform, without undue delay, the Organising Travel Agency of any non-compliance it finds throughout the performance of a travel service included in the travel service package Agreement. Only complaints made in person shall be considered. Complaints made on behalf of more than one person shall not be accepted.
10.2 If one of the travel services is not performed in accordance with the travel service package, the Organising Travel Agency, if immediately informed by the tourist, shall remedy the non-compliance, except in one of the following cases:
a) the non-compliance cannot be remedied;
b) the remedy involves disproportionate expenses, taking into account the extent of the non-compliance and the value of the travel services affected.
10.3 If, for such reasons, the Organising Travel Agency does not remedy the non-compliance, the Tourist is entitled to a price reduction. If the Organising Travel Agency does not remedy the non-compliance within a reasonable time set by the Tourist, the Tourist may do so himself/herself and request reimbursement of the necessary expenses.
10.4 The Organising Travel Agency is absolved of any liability for any non-compliance that was not immediately informed by the tourist and therefore was not able to remedy them during the stay.
10.5 The Tourist is not entitled to compensation for damages if the non-compliance occurs in one of the following situations:
a) it is attributable to the Tourist;
b) it is attributable to a third party which is not related to the rendering of travel services included in the travel package agreement and is unpredictable or inevitable;
c) it is caused by unavoidable and extraordinary circumstances.
10.6 By this Agreement, the Parties agree that the compensation to be paid by the Organising Travel Agency for any damages (material and/or moral), when it is due to the Tourist, may in no case exceed the value of the travel services that he/she benefits from.
10.7 In the event of any differences in connection with the entering into or performance of this Agreement, the parties shall make every effort to resolve the dispute amicably. They may also use alternative dispute resolution mechanisms, called ADR, in accordance with Government Ordinance no. 38/2015 on alternative dispute resolution between consumers and traders, as amended.
10.8 Any disputes that cannot be settled amicably shall be settled by court, the competent court being the one corresponding to the place where the Agreement was entered into, namely the office of the Organising Travel Agency.
10.9 The Organising Travel Agency shall ensure support to tourists in difficulty by:
(i) providing appropriate information on health services, local authorities and consular assistance; and
(ii) conducting remote communication and supporting the tourist in finding alternative travel services.
10.10 Whenever the tourist has caused the difficulty intentionally or through his/her own negligence, the Organising Travel Agency may claim a reasonable fee for such assistance. To contact the Organising Travel Agency, including to request assistance when in difficulty or to report any non-compliance detected during the performance of the package, the Tourist may use the following contact details:
Contact details of the Agency:
● TRAVELCARPATHIA SRL (Monday – Friday 9:00 a.m. – 5:00 p.m.)
● Phone . +40754 227 763
● Email reservation@travelcarpathia.com;
XI. FINAL TERMS
11.1 The Agreement is consistent to the legal provisions in force at the time of its drafting. It may be subject to changes imposed by the new legislation.
The Tourist: I declare under oath that I have acknowledged and agree with all the terms stipulated in the Agreement, the Commercial Appendix to the Agreement (travel schedule, travel service details, price, other information) and the GDPR Appendix.
APPENDIX to the Agreement for the sale of travel services/service packages
NOTICE OF INFORMATION TO THE TOURIST regarding the processing of personal data
According to the requirements of the Regulation no. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), TRAVELCARPATHIA S.R.L., based in Str. Feldioarei, nr. 27, Brașov, Brasov county, tax identification number RO 47323636, registered at Brașov Trade Register Office with no. J2022003928080, duly represented by the director, is bound to process personal data by law, for the purpose they were collected for, under the security and confidentiality terms, abiding by the principle of proportionality and according to the legal rights of the client.
The personal data of the customer (tourist) are processed for the purpose of entering into and performing this Agreement, based on the provisions of art. 6 paragraph (1) letter b) of the GDPR and, subject to the consent, for advertising and marketing purposes, based on the provisions of art. 6 paragraph (1) letter (a) of the same regulation.
The personal data of the client shall be disclosed to our company employees, partner travel agencies, partner accommodation and service units, partner land, air or naval transport companies, as well as any individual and legal entities whose participation is necessary in order to perform our corresponding obligations. Also, your personal data may be disclosed to competent courts, public institutions and authorities, competent bailiffs, experts, translators, lawyers, upon their reasoned request.
The Client consents regarding the personal data processing by TRAVELCARPATHIA SRL for:
enforcement of the agreement; receipt of newsletters.
(the tourist shall check the purpose for granting consent)
Your personal data shall be stored and processed throughout the Agreement term, as well as for the time required by the legal provisions on archiving documents, respectively until the withdrawal of consent regarding the processing carried out for advertising purposes.
In accordance with the GDPR, you have the following rights:
● to request from our agency, access to your personal data, its rectification or erasure or restriction of processing or the right to object to processing, as well as the right to data portability;
● to withdraw the consent, at any time, without affecting the lawfulness of the processing carried out based upon the consent prior to its withdrawal;
● to submit a complaint to a supervisory authority; The supply of personal data by the Client is mandatory for this Agreement. Failure to comply with this obligation with regard to personal data necessary to enter into and enforce the Agreement may deem these operations to be null and void.