GENERAL TERMS AND CONDITIONS FOR PRE-ARRANGED TOURISM TRAVEL, INTEGRAL PART TO THE AGREEMENT FOR PRE-ARRANGED TOURISM TRAVEL
1. Subject matter of the general terms and conditions.
1.1. The subject matter of these general terms and conditions shall be the sale of tourist travel (a combination of primary and / or additional tourist services for accommodation, transportation and meals for the Tourists, as well as other services depending on the purpose of the travel), provided by the Tour Operator and set out in the tourist voucher of the User. The specific details of the tourist travel and the period for such travel shall be set out in the Agreement for the pre-arranged tourist travel, the tourist voucher and / or other document issued, which shall form integral part to the agreement signed.
1.2. It shall be taken into account that the terms tourist, tourist product, travel agency operations, travel agent, tourist package, user of inclusive price pre-arranged travel, primary tourist services and additional tourist services shall be used with the meanings assigned to them in the Tourism Act (TA) of the Republic of Bulgaria.
2. Registration for travel
2.1. Registration is possible over the phone, fax or on the internet, through travel agents in the country, or directly in the Tour Operator's offices. The booking shall be deemed valid following provision of the data from the personal ID card or passport (depending on the chosen destination and tourist package), signing of an agreement for pre-arranged travel with registration form and payment of a deposit. If as at the time of the signing of the Agreement the booking shall have the status "order" it shall be accepted that the Agreement is signed under a deferral condition, in view of the confirmation expected by the Tour Operator within 3 (three) working days. If no such confirmation shall be available the Tour Operator shall offer other options, which the User may accept or reject, without any default or compensation.
2.2. Where the Agreement shall be signed via a Travel Agent, the latter shall provide to the Users the information provided for in the TA, including such information provided for in the legislation of the Republic of Bulgaria. For information, contact details, as well as in case of potential problems and / or claims, the Users shall turn firstly to the Travel Agent and if resolution by the latter shall fail, the Users shall seek resolution with the Tour Operator.
3.1. For trips to countries that require visas for Bulgarian nationals, the Tour Operator may assist the User by providing the consultations and the documents required, including (hotel and or flight booking, booking, voucher, bus or airplane tickets, insurance). At the request of the User and against additional payment the Tour Operator shall submit the documents of the User to the respective embassy, where possible. In this case the User shall be obliged to provide the Tour Operator with the personal documents and data required by the embassy, as well as pay any fee in relation to the visa. Non-provision of the documents or non-payment of the fees, or non-appearance at the embassy for a personal interview, if required, shall be considered trip cancellation by fault of the User.
3.2. The issuance of a visa for the respective country is solely within the powers of the embassy and shall not be guaranteed by the Tour Operator. In case of refusal by the embassy visa issuance fees paid by the User shall not be refunded. The fees shall be specified in the respective information under art. 80 of the TA.
4. Prices and payment
4.1. Payments under this Agreement shall be made by the User in Bulgarian lev at the official exchange rate quoted by BNB on the payment date. In case of an increase in the exchange rate of the US dollar /USD/ or Euro /EUR/ to the Bulgarian lev, at the official exchange rate quoted by BNB by more than 1% (one percent) the Tour Operator shall have the right to change the price under the Agreement.
4.2. Cash, debit / credit card payment or payment by bank transfer to the account of the Tour Operator shall be accepted.
4.3. The deposit shall amount between 30% and 50% of the total package price. For bookings placed for New Year's Eve, other national holidays and special offers the deposit shall amount to 50% of the total package price, unless otherwise stated in the Tour Operator's Agreement for pre-arranged travel. The User shall pay the deposit at the time of the signing of the Agreement for pre-arranged tourism travel, unless another deadline is stated.
4.4. Final payment shall be made up to 15 days before the departure date, unless otherwise stated in the Tour Operator's Agreement for pre-arranged travel. For New Year's Eve and packages on national holidays – final payment of 100% within one month before the departure date.
4.5. Early registrations shall be valid in case of bookings and payments of up to 100% made in accordance with the terms and conditions, within the deadlines and payment methods, set out in the Agreement for pre-arranged travel.
5. Rights and obligations of the parties:
5.1. Obligations of the Tour Operator.
5.1.1. The Tour Operator shall be obliged to provide the tourist services paid for by the User in accordance with the terms and conditions of this agreement.
5.1.2. The Tour Operator shall be obliged to secure for the User the mandatory "Medical costs for illness and accident" insurance for travel abroad, in accordance with the standard terms and conditions of insurance companies represented, while providing to the User the original of the insurance policy before the departure on the trip, if the User is purchasing a package trip. In case of booking only for hotel accommodation or another tourist service, which is not part of the tourism package, the Tour Operator shall offer to the tourist, at the tourist's discretion, to sign "Medical costs for illness and accident" insurance against additional payment with Armeets Insurance Joint-Stock Company or AWP P&C S.A., branch Bolgaria of Mondial Assistance. If requested by the tourist and against additional payment "Travel cancellation" insurance with Armeets Insurance Joint-Stock Company or AWP P&C S.A., branch Bolgaria of Mondial Assistance shall also be provided.
5.1.3. The Tour Operator shall be obliged to notify the User as to the User's rights under art. 89 of the Tourism Act in case of significant amendment in any of the existing provisions of the agreement.
5.2. Rights of the Tour Operator.
5.2.1. The Tour Operator shall have the right to withdraw from the agreement, without any liability, if the User shall fail to make payment within the deadlines set and thus fails to perform his / her obligations in good faith. Duly made payment shall be certified with a duly drawn document. If the User has paid a deposit but has not made the additional payments up to the total price of the trip within the deadlines set, it shall be considered that the User has cancelled the trip and the deposit shall not be subject to refunding. If the User has paid the deposit and / or has made the additional payments up to the total price, but by fault of the Tour Operator, no signing and performance of the agreement shall occur, any amounts actually paid by the User to date shall be refunded and the Tour Operator shall not owe any other compensation or default.
5.2.2. The Tour Operator shall have the right to change the carrier and / or the type of transport vehicle with another one, in case of circumstances that make impossible or inappropriate for the carrier / transport vehicle set out in the agreement to perform their obligations.
5.2.3. The Tour Operator shall have the right to replace the hotel with a hotel of the same or higher category, without a change in the total price paid by the User in the cases of double booking, closure of the respective hotel, or refusal at the last minute by the hotel to accommodate the tourists.
5.2.4. The Tour Operator shall have the right to change the seats of the User in the transport vehicle in case of bus programmes and due to objective reasons such as: seating of mothers with children, pregnant women, senior citizens, etc.
5.2.5. The Tour Operator shall have the right to change the total price of the tourism travel agreed in the following cases:
- In case of change in transport costs, including fuel costs. The procedure and method of revision of the price in this case shall be: the price shall be increased solely with the actual increase in the component that has affected the price change.
- In case of change in the fees, related to the services used under this agreement, such as airport fees, security fees, etc.
- In case of change in the exchange rate applicable to the agreement in the period between its signing and the departure date. The Tour Operator shall have the right to request additional payment by the client up to the actual cost of the airplane ticket, even if 100% of the travel cost has already been paid.
5.3. In accordance with the requirements of art. 97 of the TA, the Tour Operator has concluded Tour Operator Liability Insurance, insurance policy No 18 260 1315 0000640034 /valid as of 17.01.2018 until 18.01.2019/ with Armeets Insurance Joint-Stock Company, 2, Stefan Karadzha str. 1000 Sofia.
5.4. The User shall be obliged:
5.4.1 to secure the personal ID documents required for travel outside Bulgaria (passport), drawn up in accordance with the laws of the destination country and of the Republic of Bulgaria;
5.4.2. if the User is an individual of less than 18 years of age, who shall travel abroad with his / her own passport or valid personal ID card, where possible, he / she shall present notarised declaration by both parent stating their consent to the trip of the individual to the specific country on the date stated (if the minor shall travel with one of the parents, that parent shall be required to present notarised consent to the trip by the other parent);
5.4.3. to pay the full amount and within the deadlines set in this agreement the price of the tourism travel;
5.4.4. to abide by the laws of the destination country;
5.4.5. User who shall intend to travel to countries with a heightened risk of infectious diseases shall be obliged to undergo the respective prophylaxis in accordance with the international medical requirements.
5.5. The User shall have the right to:
5.5.1. to assign his / her rights and obligations under this agreement to a third party, meeting all requirements to make the trip, within up to 15 days before the departure date. In this case both the User and the assignee shall be jointly liable to the Tour Operator to pay the total price of the trip. The third party shall declare on the agreement that he / she accepts the assignment and that he / she agrees entirely with the terms and conditions of the agreements and any attachments thereto, as well as that he / she has read the information concerning the trip prior to accepting the assignment, except in the cases, when due to requirements of the carriers or the accommodation location it shall be impossible to change the name and assign these rights and obligations to a third party;
5.5.2. to conclude "travel cancellation" insurance, at his / her discretion, up to 5 days after the initial payment on the booking and no less than 30 days as of the departure date. The insurance shall be concluded at additional cost.
6. Responsibilities of the parties.
6.1. In case of non-performance or improper performance by the Tour Operator of the services under this Agreement, the Tour Operator shall be obliged to compensate the User for duly evidenced damage suffered.
6.2. The Tour Operators liability as to damage suffered by the User as a result of non-performance or improper performance of the Agreement shall be limited up to the price paid by the User under the Agreement for pre-arranged tourism travel.
6.3. Where the liability of the Tour Operator's counterparties for damages suffered due to the non-rendering or improper rendering of the services shall be limited by operation of international treaties, the Tour Operator's liability shall be limited within the range set by such treaties.
6.4. The Tour Operator shall have the right to cancel the trip, if the minimum required number of tourists has not been reached within the initially announced deadline or if the cancellation shall be due to force majeure. In such case the Tour Operator shall not be held liable for non-performance of the Agreement and the Tour Operator shall refund to the User all amounts paid, excluding the portion related to the actual costs incurred (insurance paid, penalty for ticket returns, visa fees, etc). The actual costs incurred shall be supported by the due documents.
6.5. The Tour Operator shall not be liable to the User in case of cancellation, delay or change in the periods and terms and conditions of the trip, that are beyond the control of the Tour Operator, namely:
- cancellation or interruption of the trip due to the User's personal circumstances;
- refusal by the authorised bodies to issue a visa to the User;
- - non-admission of the User to leave Bulgaria or to enter the destination country by the customs and border authorities due to absence of duly drawn documents or violations of the law committed;
- third party actions not related to the performance of the Agreement;
- force majeure events such as: disease, epidemic, natural disasters, strikes, war both in the countries subject to this agreement, and the neighbouring countries, threatening the security of both countries, government decisions or any other unforeseen or insurmountable event of extraordinary nature occurring after the signing of the agreement.
6.6. In case of occurrence of any circumstance under the preceding paragraph, the Tour Operator shall have the right to withdraw from the performance of the obligations under this Agreement and in such case the User shall have no right to compensation for any possible or suffered losses, forfeited benefits and / or other damage.
6.7. If the Tour Operator shall amend significantly any of the material provisions of the Agreement in the meaning of the TA, the Tour Operator shall be obliged to notify the User within two days as of such amendment, but not later than 10 days before the departure date. The User shall be obliged to notify the Tour Operator as to his / her decision in relation to the amendments made within 3 days following receipt of the notice thereto by the Tour Operator but not later than 7 days before the departure date. If the User shall not accept the amendments, the Tour Operator shall offer another trip at the same or better terms and conditions. If the User shall not accept such proposal the User may withdraw from the Agreement without owing any default or compensation and the Tour Operator shall be obliged to refund to the User any amount paid on the Agreement within 7 days as of receipt of the refusal notice. A change of the transport means (airplane, bus), the hotel or a restaurant and entertainment with another one of the same or higher category or class, without any change in the price, shall not be deemed an amendment of the Agreement.
6.8. The User shall declare that the telephone, fax numbers, e-mail set out by the User in the Agreement may actually be used by the Tour Operator, if necessary.
7.1. Hotel accommodation upon arrival shall be after 14.00 – 15.00 h, and check-out - after 10.00 -12.00 h on the departure day and these terms depend on the specific policies of the chosen hotel. The Tour Operator may have notified the User in advance as to an earlier departure time, which the latter has to comply with.
7.2. The User shall have in mind that no services shall be used in the hotels before check-in or after check-out in accordance with the times announced, or if any such services shall be used, they shall be paid for additionally.
7.3. In case of accommodation of three people in a three-bed room, the availability of three standard beds shall not be guaranteed, as the third person is given discount from the price.
7.4. Accommodation in rooms with a view to the sea or rooms in the central wing of the hotel shall only be made when additional payment has been charged and such payment has been made in advance in the offices or representative offices of the Tour Operator.
8. Cancellations and defaults.
8.1. In case of cancellation of the travel and termination of the agreement by the User, the Tour Operator shall withhold the following default payments:
8.1.1. for travel / vacation abroad:
- up to 60 days before the departure date – no cancellation fee, unless defaults shall be due on cancelled airplane, ferryboat or bus tickets. If defaults or other penalties and fees shall be due upon cancellation of already issued airplane, ferryboat or bus tickets, which have been part of the package price of the travel, the cancellation fees and terms and conditions of the respective carrier (airline, bus or ferryboat company) shall apply;
- 59 to 30 days before the departure date – 10% cancellation fee of the total price of the travel, if no defaults shall be due on cancelled airplane, ferryboat or bus tickets. If defaults or other penalties and fees shall be due upon cancellation of already issued airplane, ferryboat or bus tickets, which have been part of the package price of the travel, the cancellation fees and terms and conditions of the respective carrier (airline, bus or ferryboat company) shall apply;
- 29 to 15 days before the departure date – default at the amount of the deposit, if no defaults shall be due on cancelled airplane, ferryboat or bus tickets. If defaults or other penalties and fees shall be due upon cancellation of already issued airplane, ferryboat or bus tickets, which have been part of the package price of the travel, the cancellation fees and terms and conditions of the respective carrier (airline, bus or ferryboat company) shall apply;
- 14 days before the departure date or non-showing on the departure date – 100% of the total price of the trip.
8.1.2. for trips abroad for New Year's Eve and national holiday packages:
- up to 31 days before the departure date – no cancellation fee, except any penalties due on cancelled airplane, ferryboat or bus tickets. If defaults or other penalties and fees shall be due upon cancellation of already issued airplane, ferryboat or bus tickets, which have been part of the package price of the travel, the cancellation fees and terms and conditions of the respective carrier (airline, bus or ferryboat company) shall apply;
- 30 days before the departure date – 100% of the total price of the travel;
8.1.3. travel / vacation in the country:
- up to 30 days before the departure date – no cancellation fee;
- 29 to 14 days before the departure date – 50% of the total price of the travel;
- 13 to 0 days before the departure date – 100% of the total price of the travel.
8.1.4. travel / vacation in the country for New Year's Eve and on national holiday packages:
- up to 31 days before the departure date – no cancellation fee;
- 30 days before the departure date – 100% of the total price of the travel.
9. Disputes and claims.
9.1. All disputes related to the performance of this Agreement shall be resolved by mutual agreement between the parties. If no agreement shall be reached, the dispute shall be taken before the competent Bulgarian court.
9.2. If during the travel facts of non-performance or improper performance of the terms and conditions of the Agreement shall be found, the User shall be obliged to notify forthwith the service provider of the Tour Operator in writing for the purpose of the timely undertaking of measures satisfactory to all parties involved.
9.3. If the claims of the User concerning the quality of the service rendered may not be satisfied on site upon the provision of the service, the User shall have the right to file a duly drawn claim to the Tour Operator in writing or orally within 14 days as of his / her return, at the offices of the Tour Operator. The User shall be obliged to provide a protocol (claim), signed by a representative of the accepting tourist firm, the administration of the tourist site providing the service and the User. In the absence of such trilateral protocol or claim the User may not file any claims to the Tour Operator. The Tour Operator shall notify the User as to the Tour Operator's response within 30 days as of the filing of the claim and the protocol.
9.4. If the User shall cancel the tour himself / herself during its duration, he / she shall have no right to claim refunding of any amount. In this case the User shall arrange his / her return himself / herself.
10. Personal data.
10.1. Astral Holidays International AD (the Tour Operator), UIC 203815332, having its registered address and address of management in the Republic of Bulgaria, Plovdiv, 56, Kapitan Raycho str. is personal data controller.
10.2. The Tour Operator shall process the User's personal data in accordance with the Personal Data Protection Act in effect in the Republic of Bulgaria (PDPA). As of 25 May 2018 the User's personal data are processed in compliance with the requirements of Regulation (ЕU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and all provisions that shall supersede the PDPA.
10.3. The Tour Operator shall ensure the security of the data through a complete technical and organisational mechanism put in place, built on the following underlying principles:
- Personal data are processed lawfully, in good faith and transparently with respect to the data subject – the principle "lawfulness, fairness and transparency";
- Personal data are collected for specified, explicit and legitimate purposes and are not processed further in any way incompatible with these purposes – the principle of "purpose limitation";
- Only adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed – the principle of "data minimisation";
- Personal data that are accurate and up to date are collected, and every reasonable step are undertaken to ensure that personal data that are inaccurate having regard to the purposes for which they are processed, are erased or rectified without delay– the principle of „accuracy";
- Personal data are kept in a form, which permits identification of the data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as they will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, – the principle of "storage limitation";
- Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures – the principle of "integrity and confidentiality";
- The Tour Operator shall be liable and able to demonstrate compliance with the above principles ("accountability "). Accordingly the Tour Operator shall cause these principles to be applied through the implementation of appropriate hardware and software protection measures (including implementation and control of system access, key locks, alarms, firewalls, etc.). The Tour Operator has put in place procedures and technologies to maintain the security of all personal data categories since the stage of their collection through to their destruction.
10.4. The declaration – consent signed by the User shall form integral part to the Agreement for pre-arranged tourism travel and the general terms and conditions thereto.
11. Miscellaneous provisions.
11.1. The Agreement and the general terms and conditions shall form integral part thereto and are drawn up in accordance with the Tourism Act and the Bulgarian legislation.
11.2. Any amendments and supplementations drawn by the parties in writing shall form integral part to the agreement.
11.3. Either party shall have the right to request an amendment or termination of the Agreement in view of material change in the circumstances under which this Agreement was signed. In case of amendment of the Agreement the obligations of the parties shall prevail as amended. In case of termination of the Agreement the obligations of the parties shall be deemed discharged following settlement of their financial relations.
11.4. The Agreement shall enter into force as of the date on which it shall be signed and shall have effect until completion of the travel.