GENERAL TERMS
TO TOUR OPERATOR "DETELINA TOURS" OOD FOR CONTRACT FOR TOURIST PACKAGES AND RELATED TOURIST SERVICES
The general conditions govern the provision of services under a tour package contract by TOUR OPERATOR "DETELINA TOURS" LTD.,V. Tarnovo, he is. Asen Raztsvetnikov, №10; Certificate of registration No. РKK- 01-5952 for tourist activity Tour operator, language. 062522010; 0886018750; 0879652640, e-mail: office@detelinatours.com www.detelinatours.com.
PRELIMINARY INFORMATION
1. The TOUR OPERATOR directly or through its travel agents provides a standard form for providing information and the information under Art. 82, take. 1, T. 1-9 from the Tourism Act.
2. When the trip under the offer is tied to recruiting a minimum number of participants, specified therein, The TOUR OPERATOR notifies the TOURIST within the period specified therein, when this number is not dialed, therefore the tour package contract will be terminated. To carry out the trip, the TOUR OPERATOR has the right to change the size of the vehicle depending on the registered tourists.
3. THE TOUR OPERATOR may change the pre-contractual information, by notifying the TOURIST clearly, comprehensible and visible way before the conclusion of the travel package contract. The information under Art. 82, take. 1, T. 1, 3, 4, 5 and 7 of the Tourism Act may be changed by express written agreement between the parties.
RESERVATION AND CONTRACT CONCLUSION
4. The reservation is a written application of the TOURIST, that he wishes to sign up for a particular trip, offered by the TOUR OPERATOR, and is done through:
• personal booking at the company's office /and the offices of its travel agents/,
•request by phone, e-mail address.
5. After making the reservation and concluding the travel package contract, The TOURIST receives a copy of the contract signed between the two parties.
6. Before concluding the travel package contract:
A. The TOURIST is obliged to declare in writing, if the service will be used by a tourist with limited mobility, when the TOUR OPERATOR has indicated, that the trip is suitable for persons with reduced mobility, by entering the relevant circumstances into the contract. TOURISTS declare and assume responsibility, that their state of health is responsible for their trouble-free participation in their chosen destination.
b. In case, that the TOURIST has requirements, beyond the scope of the offered package, regarding food, accommodation, mode of transportation and others, he must present them when completing the travel contract. The TOUR OPERATOR considers whether he can agree to their implementation or not and if no agreement is reached, the special requirements of the TOURIST are not included in the contract.
7. The contract includes a basic package of services/accommodation,meals and transport/ and additional services, which are included at the request of each TOURIST /if possible/ and are subject to additional payment.
8. The following expenses are not included in the price of the trip: the price of entrance tickets to tourist sites, museums, food, and etc. (except, when it is mentioned otherwise in the program of the given excursion/holiday).
9. To indicate the number of meals for each overnight stay and their location in time, The TOUR OPERATOR uses the following abbreviations common to the hotel and restaurant industry: BB – overnight stay with breakfast included; HB – overnight stay with breakfast and dinner included; FB (full board) – overnight stay with breakfast included, lunch and dinner; All inclusive- full board + bar consumption and others;
10. The TOURIST has the right to transfer the tourist package contract concluded by him to another person, which meets all requirements, applicable to the concluded contract.
PRICES AND METHOD OF PAYMENT - The announced prices are in BGN.
11. Upon signing the contract for an organized tourist trip, the TOURIST pays an initial installment in the amount and pays the full amount in addition within the term according to the contract.
12. Payment can be made in cash at the office or by bank transfer to specified accounts in BGN.
13. When booking at the last minute, the full amount is paid at the time of signing the contract.
14. In case of payment disputes, the fact of the payment is certified by a reliably formatted document /cash receipt or payment order/.
DOCUMENTS FOR PERFORMING THE JOURNEY
15. When traveling in and out of Bulgaria, the TOURIST undertakes to provide the necessary personal documents, formed in accordance with the laws of the visited country and of the Republic of Bulgaria, which are within the validity period for the period of the trip or according to the requirements of the visited country.
16. Necessary documents for foreign travel:
a. Valid foreign passport and medical insurance for the period of travel.
b. For EU countries, with which Bulgaria is in a visa-free regime, it is possible to travel with an ID card.
V. For children under 18 years, traveling without one or both parents, notarized parental permission is required (declaration) or a court order for the child to leave the country.
Mr. Other documents, depending on the legislation of the country/countries of destination.
17. In case, that the TOURIST did not submit or submitted an incorrectly completed declaration, as a result of which he was not allowed to cross the border of Bulgaria, The TOUR OPERATOR does not delay the program of the rest of the group and does not owe a fee to the TOURIST for the missed trip.
18. About traveling in countries, for which visas are required for Bulgarian citizens, The TOUR OPERATOR undertakes to assist the TOURIST, by providing him with the necessary documents/reservations, voucher, tickets etc./.
RIGHTS AND OBLIGATIONS OF THE PARTIES
19. Upon request by the TOURIST, the TOUR OPERATOR provides accurate information as to whether the trip or vacation is suitable for the TOURIST's needs;
20. The TOURIST undertakes to pay the cost of the tourist services, described in
The contract.
21. The TOURIST undertakes to comply with the legal order of the country, in which he travels.
22. In case of organized group trips, the TOURIST undertakes to show up on time according to the contract and at the meeting points specified by the driver. Non-compliance with the agreed place and time is at the expense of the TOURIST.
23. The TOURIST is obliged to have insurance, as the TOUR OPERATOR ensures the conclusion of such /included in the price or for an additional fee depending on the country and type of trip/.
A. The TOUR OPERATOR is not responsible for basic and additional services, which the TOURIST purchased individually on the spot, and not through a representative of the TOUR OPERATOR.
b. The TOUR OPERATOR is not responsible for damages, which the TOURIST has inflicted on third parties during the trip and stay.
ACCOMMODATION CONDITIONS
24. The TOUR OPERATOR presents in its offers the contract with the TOURIST - accommodation, meals and transport with categories/classes of such, as they are according to the categorization of the countries, in which they are located.
25. Accommodation price:
< b. Single room supplement may apply, if the hotel has conditions for it
V. The third bed is in a triple room or extra, as in most hotels it is a type of sofa bed.
AMENDMENT OF THE AGREEMENT AT THE INITIATIVE OF THE TOUR OPERATOR
26. After the conclusion of the contract, the increase in the price of the tourist package is possible only by:-exception due to changes in the price of fuel or of
other energy sources.
-the amount of fees for the tourist services included in the contract, imposed by a third party, etc.
27. When the price increase exceeds 8 per cent of the total price of the tourist package, The TOURIST has the right to 7 daily deadline to accept the proposed change, or terminate the contract, without paying a fee.
28. When the TOURIST terminates the travel package contract, he may accept a substitute travel package of equal or higher quality, if the TOUR OPERATOR offers one.
29. When the contract for a travel package is terminated according to para. 27, The TOUR OPERATOR refunds all payments, which he received from the TOURIST or on his behalf - no later than 14 days after that.
30. Regardless of its size, the increase in the price of the tourist package is only possible, if the TOUR OPERATOR has notified the TOURIST in a clear and understandable way, not later than 20 days before the start of the implementation of the tourist package.
31. If the TOURIST does not notify the TOUR OPERATOR of his decision within the 7-day period under item. 30, The TOUR OPERATOR will consider, that the proposed changes have been accepted.
32. Before the start of the implementation of the tourist package, the TOUR OPERATOR can unilaterally change clauses in the contract for the tourist package, other than price, when the change is minor and the TOUR OPERATOR clearly informs the TOURIST about the change, comprehensible and visible way on a durable medium:
1. the proposed changes to the contract and their impact on the price of the travel package;
2. deadline, within which the TOURIST has the right to notify the TOUR OPERATOR of his decision;
3. the consequences, if the TOURIST does not respond within the specified period.
4. when applicable, for the proposed substitute travel package and its price.
33. When changes to the contract for a travel package or for a substitute travel package lead to a lower quality or value of the travel package, THE TOURIST has the right to a corresponding price reduction.
TERMINATION OF THE AGREEMENT AT THE INITIATIVE OF THE TOUR OPERATOR
34. The TOUR OPERATOR has the right to terminate the tour package contract and refund the TOURIST in full all payments, made for the tourist package, without owing additional compensation, when: 1. the number of participants for the travel package is less than the minimum number, specified in the contract, and the TOUR OPERATOR has notified the TOURIST of the termination of the contract within the following terms:
A) 20 days before the start of the implementation of the tourist package - in the case of long-term trips, greater than 6 days;
) 5 days before the start of the implementation of the tourist package lasting from two to 6 days;
V) 48 hours before the start of the tourist package - for trips with duration, less than two days.
2. The TOUR OPERATOR is prevented from fulfilling the contract due to insurmountable and extraordinary circumstances and has notified the TOURIST of the termination of the contract.
TERMINATION OF THE AGREEMENT AT THE TOURIST'S INITIATIVE AND THE AGREEMENT TERMINATION FEE
35. THE TOURIST has the right to terminate the contract for a travel package at any time before its commencement and is entitled to a full refund of the sums paid except, if he has not violated the terms of the contract for this.
36. THE TOURIST has the right to terminate the contract for a tourist package before the start of the implementation of the tourist package, without paying any termination fee in case of force majeure and extraordinary circumstances / natural disasters, etc./, but is not entitled to additional compensation.
CLAIMS AND INDEMNIFICATION
37. The TOURIST shall notify the TOUR OPERATOR without undue delay of any discrepancy, established during the performance of the tourist service, included in the travel package contract, taking into account the specific circumstances of the case.
38. When any of the tourist services does not meet the provisions of the contract for the tourist package, The TOUR OPERATOR is obliged to remedy the discrepancy, except when:
1. this is not possible, or 2. is associated with disproportionately high costs given the extent of the discrepancy and the value of the tourism services concerned.
39. When a significant part of the tourist services cannot be performed as stipulated in the tourist package contract, The TOUR OPERATOR offers the TOURIST, without this being associated with additional costs for him, other suitable travel services where possible of the same or higher quality than these, specified in the contract, in order to continue the performance of the contract for the travel package, including when the return of the TOURIST to the starting point of the trip is not provided, as agreed.
40. When other tourist services offered by the TOUR OPERATOR under para. 7 for the continuation of the performance of the contract lead to a change in the tourist package to a package of lower quality than provided for in the contract, The TOUR OPERATOR offers the TOURIST an appropriate price reduction.
41. The TOURIST has the right to refuse other tourist services offered by the TOUR OPERATOR to continue the performance of the contract only when they are not comparable to what is provided in the contract for a tourist package or when the proposed price reduction is not appropriate.
42. When, due to insurmountable and extraordinary circumstances, it is not possible to ensure the return of the TOURIST, as provided in the travel package contract, The TOUR OPERATOR bears the costs of the TOURIST's accommodation, if possible in an equivalent accommodation category for a period of no more than three nights. When another normative act in the field of passenger rights provides for longer terms in relation to the relevant means of transport for the return of the TOURIST, these terms apply.
43. The limitation of terms does not apply to persons with limited mobility according to the definition in Art. 2, letter “a” from Regulations (EO) № 1107/2006 of the European Parliament and the Council from 5 July 2006 Mr. on the rights of disabled persons and persons with reduced mobility in air travel, as well as in relation to the persons accompanying them, pregnant women, unaccompanied minors, as well as the persons, in need of special medical care, provided that the TOUR OPERATOR has been notified of their specific needs at least 48 hours before the start of the execution of the travel package contract.
44. The complaint must be made in writing or in another appropriate form, including electronic mail or other technical means, which enables it to be reproduced.
45. When submitting a complaint, the TOURIST must also attach the documents, on which the claim is based: 1. receipt, or invoice.
2. protocols, deeds or other documents, establishing the inconsistency of the goods or service with the agreed, 3.other documents, establishing the claim by basis and amount.
46. The complaint takes place until 14 days from the discovery of the non-compliance of the service with the agreed upon.
47. The TOURIST has the right to an appropriate price reduction for the time, during which there was a discrepancy between the services provided and the contract for the tourist package, unless the TOUR OPERATOR proves, that the lack of compliance is due to the TRAVELER.
48. THE TOURIST has the right to receive compensation from the TOUR OPERATOR for all property and non-property damages, suffered as a result of non-compliance with the package tour contract.
49. The TOURIST is not entitled to compensation for damages suffered, when the TOUR OPERATOR proves, that the lack of compliance is due to the TOURIST, to a third party, unrelated to the provision of tourist services included in the travel package contract and insurmountable and extraordinary circumstances.
AMENDMENTS AND SUPPLEMENTS
50. This contract may be amended, supplemented or terminated only by bilateral written agreements and in compliance with the Tourism Law.
51. The provisions of the Tourism Act apply to unsettled clauses of the contract, Commercial law, The Law on Obligations and Contracts and other current legislation of R. Bulgaria.
52. In the event of a dispute between the parties, The TOUR OPERATOR undertakes to take measures for the voluntary settlement of the dispute, including through claims capabilities, signals, complaints and others, sent by the TOURIST to him.
53. In case, that the parties cannot resolve a dispute between them out of court, the dispute is referred for resolution to the competent court.
From DETELINA TOURS Ltd