Terms and Conditions
I. Booking for a travel
- Booking shall be possible by phone, fax or over internet, through tour agents in the country.
- А reservation shall be kept for 24 hours and shall be considered valid after the filling-in of a travel agreement (booking form) and payment of a deposit.
- The travel agreement may also be concluded in an electronic form, when it is about a proposal published on the TOUR OPERATOR’S webpage, by inserting a tick in a field entitled “I accept the general terms and conditions of the travel agreement”.
- In case of travels to countries, which require visas for Bulgarian nationals, the TOUR OPERATOR shall assist the CONSUMER by providing the CONSUMER with the necessary documents (reservations, voucher, tickets, etc.) required by the respective embassy.
- The issue of a visa for the respective country shall be within the competence of the embassy concerned only and is not be guaranteed by the TOUR OPERATOR. The TOUR OPERATOR shall be directly or through a tour agent bound to submit before the conclusion of the contract to the CONSUMER in writing or otherwise, as may be appropriate, information for the passport and visa regime and the deadline for receipt of the necessary documents, as well as information for the medical and health requirements related to the travel and stay, in accordance with art.80, par.4 of the Tourism Act.
III. Prices and Payment
- The payment shall be made in BGN in accordance with the exchange rate of the Bulgarian National Bank for the day. Payments shall be accepted in cash, by debit and credit cards or by bank to an account of the TOUR OPERATOR.
FIRST INVESTMENT BANK
IBAN: BG43FINV91501016724834 /account in leva/ BGN/
IBAN: BG16FINV91501016767515 /account in euro/ EUR/
- The amount of the deposit due shall be from 30% to 50% of total package price, unless otherwise mentioned in the TOUR OPERATOR’S travel agreement. The CONSUMER shall pay in the deposit at the time of signing of this agreement unless other term is set forth.
- The final payment shall be made 20 (twenty) days before the travel date, unless otherwise specified in the TOUR OPERATOR’S Travel Agreement.
- Early bookings shall be valid in case of a reservation and payments of up to 100% made within the announced promotional dates.
- Any change in the name of a tourist or travel date under an early booking reservation shall be paid until the respective date at standard rates.
- In case of cancellation of a travel and impossibility to change the travel date, the CONSUMER who reserved and paid an early booking package shall lose 100 % (one hundred per cent) of the amount paid.
- A change in the price shall be possible in the presence of one of the following reasons: upon an increase of the prices of fuels, in case of a change in the value of the transport costs, change in the amount of the travel-related fees, change in the currency exchange rates that have taken place after the signing of the agreement.
IV. Rights and Obligations
- The TOUR OPERATOR undertakes:
- To provide in accordance with the conditions of this agreement the tourist services paid by the CONSUMER.
- To provide the CONSUMER with a mandatory “Medical expenses in case of illness and accident” insurance for ORGANIZED (group travels by bus, airplane or a chartered flight) travels abroad in accordance with the standard conditions of the insurance companies represented by it by 2 submitting to the CONSUMER the original of the insurance policy before the commencement of the travel, and at the CONSUMER’S desire, to submit against additional payment an insurance for the individual travels abroad.
- To insure the CONSUMER at the CONSUMER’S request (against extra payment in accordance with the respective official tariffs of the above mentioned insurance company) against other risks during the travel.
- The TOUR OPERATOR has a concluded mandatory “Tour Operator’s Liability” insurance, insurance policy No. 1329160855000023/06.06.2016 to 08.07.2017 with insurance joint-stock company “Generali Bulgaria”, 68 Alexander Dondukov Blvd., 1504 Sofia. The certificate to the insurance policy number No. 1329160855000023 of 06.06.2016 is published on the webpage of the TOUR OPERATOR. The CONSUMER shall acquaint with the terms and conditions of the concluded insurance before the commencement of the travel.
- The TOUR OPERATOR shall have the right:
- To cancel the agreement without any liability if the CONSUMER fails to make payments within the established time limits and thus acts in bad faith in the fulfillment of his/her obligations. The fact that a payment has been made shall be certified by a document in due form. If the CONSUMER has paid a deposit but has not made in due time the further payments up to the full price of the travel, the CONSUMER shall be considered to cancel the travel and the deposit shall be nonrefundable.
- The CONSUMER undertakes:
- When travelling outside Bulgaria to ensure the necessary personal documents (ID card, international passport) in such form as is compliant with the laws of the visited country and of the Republic of Bulgaria.
- If the CONSUMER is a person under the age of 18 who shall travel abroad with his/her own international passport, he/she must present a notary certified declaration from both parents that they agree with his departure to the specified country on the specified date (if the minor travels with one of his parents, the minor must have a notary certified consent issued by the other parent).
- To pay in full and within the time limits set forth in the present Agreement the value of the tourist services.
- To comply with the laws of the country that he/she travels to.
- A CONSUMER who intends to travel and stay in countries featuring higher risk of infectious diseases shall be bound to undergo respective preventive treatment in accordance with the international medical requirements.
- The CONSUMER shall have the right:
- Within up to 15 days before the travel date to transfer his/her rights and obligations under the present Agreement to a third party who meets all requirements for the travel. In such case both of them shall be jointly and severally liable before the TOUR OPERATOR for the payment of the total price of the travel. The third party shall declare on the agreement that this third party accepts the transfer and fully agrees with the terms and conditions of the agreement and the appendices to it, as well as that he/she was acquainted with the information for the travel before accepting the transfer, except in the cases when due to carrier’s requirements it is not possible to change a name and to transfer these rights and obligations to a third party.
V. Parties’ liabilities
- When the TOUR OPERATOR’S counterparties’ liability for damages caused through the provision of the services is limited by international agreements, which are ratified, promulgated in State Gazette and have entered into force for the Republic of Bulgaria, the TOUR OPERATOR’S liability shall be within such limits.
- The TOUR OPERATOR may cancel a travel if the necessary minimum number of participants is not reached within the time limit announced in advance or if the cancellation is due to force majeure. In such cases the TOUR OPERATOR shall not be liable for the non-performance of the agreement as the TOUR OPERATOR shall refund to the CONSUMER all the amounts paid, except for the part of them for 3 the factual costs made (insurances paid, fine for returned tickets, visa fees, etc.). The factual costs made shall be certified by documents in proper form.
- The TOUR OPERATOR shall not be held liable before the CONSUMER in case of cancellation, delay or change of the terms and conditions of the travel that are beyond the TOUR OPERATOR’S control, and namely:
- Delay of flights or bus transportation for technical or meteorological reasons (mists, storms, heavy snowfalls, torrential rains, etc.), as well as in case of a change in the timetable on the part of the carrier (airline or bus company)
- Annulment or interruption of the travel on account of personal circumstances of the CONSUMER
- Loss or damage of luggage during the travel
- Refusal on the part of the authorized authorities to issue a visa to the CONSUMER
- Rejection on the part of the customs and border services to allow the CONSUMER to leave Bulgaria or to enter the destination country on account of the lack of documents in the proper form or committed legal offences.
- In case of force majeure events such as: diseases, epidemics, natural disasters, strikes, military acts both in the countries subject of the present agreement and their neighboring countries, which endanger the security of both countries, governmental decisions or any other extraordinary event that is not foreseen or cannot be surmounted and that has arisen after the conclusion of the agreement.
- The TOUR OPERATOR shall not be held liable and shall not refund amounts for completely or partially non-conducted travels on account of failure of the CONSUMER to show at the place and time fixed for departure.
- Amounts for services that are ordered but have not been used, whether in full or in part, through fault of the CONSUMER shall not be refunded by the TOUR OPERATOR.
- In case that during an organized travel the CONSUMER inflicts bodily injuries and causes property and moral damages to counterparties of the TOUR OPERATOR, staff or third parties, all costs arising as a result thereof shall be on account of the culpable person.
- The TOUR OPERATOR shall not be held liable for damages such as death, bodily injuries or disease of the persons included in the reservation, provided that such damages have not been caused by nonperformance or inaccurate performance of the tourist services agreement and of the present General Terms and Conditions, if the reasons for this are attributable to:
- The CONSUMER
- Acts of a third party that is not connected to the performance of the Agreement;
- Force majeure or an event that cannot be foreseen or avoided on the part of the TOUR OPERATOR and its counterparties upon good-faith fulfillment of their obligations.
- The TOUR OPERATOR shall not be held liable for non-performance or inaccurate performance of the present Agreement, if the reasons for it are attributable to:
- The CONSUMER
- Acts of a third party that is not connected to the performance of the Agreement
- Force majeure or an event that cannot be foreseen or avoided on the part of the TOUR OPERATOR and its counterparties upon good-faith fulfilment of their obligations.
- If the TOUR OPERATOR makes a considerable amendment to any of the material clauses of the present Agreement, the TOUR OPERATOR shall be bound to notify the CONSUMER. The CONSUMER undertakes to notify of his/her decision about the amendments made within up to 3 days after the receipt of the notice from the TOUR OPERATOR. The CONSUMER represents that the telephones, fax, e-mail specified by him/her in the Agreement can be actually used by the TOUR OPERATOR if need arises. In case that the CONSUMER does not accept the amendments, the TOUR OPERATOR shall offer him/her another travel under adequate conditions. If the CONSUMER does not accept the offer, he/she may cancel the agreement without owing any default interest or indemnity, as the TOUR OPERATOR shall refund to him/her the amounts paid by him/her under the Agreement within 7 days from the date of receipt of the notice of cancellation, except for the costs made by the TOUR OPERATOR in relation to the cancelled reservation. Any replacement of the transport vehicle (airplane, bus), hotel or catering and entertainment facility by other one of the same or higher category or class without a change in the price shall not be considered a material amendment to the Agreement.
- In case of cancellation of the travel and cancellation of the agreement on the part of the CONSUMER, the TOUR OPERATOR shall deduct the following default interests:
- In case of a travel/holiday abroad:
- а) Up to 60 days before the travel date – without default interests, if no default interests are due under annulled airplane, ferryboat or bus tickets. In case that annulment entails defaults interests or other fines and fees for annulment of already issued airplane, ferryboat or bus tickets, which are a part of the package price of the travel, the tariffs and rules and conditions for annulment of the respective carrier (airline, bus company or ferryboat company) shall apply;
- b) From 59 to 30 days before the travel date – in the amount of the deposit;
- c) From 29 to 20 days before the travel date – 50% of the total value of the travel;
- d) Less than 20 days before the travel date – 100% of the total value of the travel.
- In case of a travel/holiday in the country:
- a) Up to 20 days before the travel date – without default interests;
- b) From 19 to 15 days before the travel date – in the amount of the deposit;
- c) From 14 to 8 days before the travel date – 50% of the total value of the travel;
- d) Less than 7 days before the travel date – 100% of the total value of the travel.
- In case of a travel/holiday abroad:
- In case of travel annulment on account of personal reasons related to the CONSUMER, except for a disease (subject to properly submitted medical documents and depending on the counterparty’s policy), the CONSUMER shall lose the amounts paid to the TOUR OPERATOR in accordance with the annulment terms, respectively owe payment of such amounts, in case he/she has not paid them.
- In case that the CONSUMER terminates his/her holiday/excursion before the end thereof at his/her own desire, all additional costs, including the transportation costs, shall be on his/her account. In such case there may be no claims for refund of a part of the value of the ordered services.
- Upon submission of documents containing untrue data and failure to comply with the time-limits on the part of the CONSUMER, the TOUR OPERATOR shall have the right to annul the travel and to deduct the above default interests.
VI. Disputes and Claims
- All disputes concerning the performance of these General Terms and Conditions and the Organized Travel Agreement shall be resolved by mutual consent of the parties.
- In case that consent cannot be reached they shall be referred for consideration to a competent Bulgarian court.
- In case that during the travel facts of non-fulfillment or inaccurate fulfillment of the conditions under the present Agreement are ascertained, the CONSUMER undertakes to immediately notify in writing the TOUR OPERATOR or the TOUR OPERATOR’S service provider in view of the timely taking of measures that satisfy all the parties concerned.
- All claims related to the services paid by the CONSUMER must be brought on the spot before representatives of the TOUR OPERATOR or before the servicing company for elimination of the weaknesses. If it proves to be impossible, the CONSUMER must require from the local representative of the TOUR OPERATOR to draw up record, which must be signed by:
- a) a representative of the hosting tourist company,
- b) the administration of the establishment providing the tourist service, and
- c) by more than 50% of the travelling tourists.
- Within up to 5 (five) days after his/her return the CONSUMER may submit a written claim to the TOUR OPERATOR or to the agency, in which the booking was made. Claims shall not be accepted after the expiry of this time-limit.
- Following a respective inspection on the part of the TOUR OPERATOR, within 30 (thirty) days after the receipt of the claim, the CONSUMER shall receive a written opinion on the raised claim.
- All claims that the CONSUMER has not submitted in writing on the spot in the visited tourist establishment, as well as claims that are raised for the first time after the end of the stay of the tourist 5 travel concerned shall not be considered by the TOUR OPERATOR and shall not be subject to indemnification.
VII. Amendments and supplementation
- The present agreement may only be amended, supplemented or annulled by bilateral written annexes and subject to the Tourism Act.
- Clauses not settled under the agreement shall be governed by the provisions of the Tourism Act, the Commercial Act, the Obligations and Contracts Act and the other legislation in force of the Republic of Bulgaria.
- Declaration – the CONSUMER voluntarily submits all personal data necessary for the organization of the travel and the TOUR OPERATOR undertakes to use it only for the purpose of the travel-Certificate of Personal Data Administrator with License No. 421219/16.05.2016.