Terms and Conditions
I. REGISTRATION
The tourist has the right to make a temporary reservation by filling in a reservation form for our trips, including by phone or e-mail. Reservation is kept for up to 2 working weeks if it is made up to 60 days before the day of departure. The booking is kept up to 1 week if the booking is made up to 30 days before departure and 48 hours in less than 30 days before departure. After which it must be confirmed by concluding a contract and paying the deposit. The information provided by a representative of the Tour Operator is up-to-date and takes precedence over that which can be obtained from other information sources (Internet, advertising brochures, radio and TV shows, etc.).
An official reservation for an agreed tourist service is made only after payment of the agreed deposit.
In the meantime, a signed contract is considered to have been concluded under a suspensive condition, in view of the expected confirmation, and in case there is none, the Tour Operator offers other options that the User can accept or refuse without owing a penalty or compensation. In case the User does not accept the other options, he has the right to be refunded the deposit paid without paid amounts for air tickets and other non-refundable expenses /hotels, services, etc./.
Booking for travel is made by a person over 18 years of age, who is considered to be the holder of the reservation and any subsequent communication regarding changes, cancellations, payments, etc. of the Tour Operator will be only with the specified person.
The person who signed the TPA represents the interests of all Tourists whose names appear in the contract, being responsible for their personal data, as well as for the fulfillment of all obligations under the contract, as well as assists third parties in assisting in conducting the TP.
When the contract is concluded through a Travel Agent, the Tour Operator shall contact the Tour Operator first for information, contacts, as well as in case of any problems and/or claims. All correspondence between the parties is carried out at the office of the Tour Operator, respectively for the tourist – the address, telephone and e-mail specified by him.
When the User books online through the website of the Tour Operator, he should indicate an e-mail for communication, as well as an up-to-date contact phone number, thereby declaring his consent to this form of communication. The e-mail will be used to send e-tickets, confirmations and possible changes to the trip.
In case of change of e-mail, the User is obliged to notify the Tour Operator in a timely manner in order to avoid loss of information. Otherwise, the Tour Operator is not responsible for all the resulting consequences..
II. PAYMENT
All payments are made in the respective currency, in cash, against a payment document or to the bank account of the Tour Operator.
Deposit: Unless otherwise stated in the offer for the specific tourist product or package, the amount of the deposit is 50% /fifty percent/ of the total price. The user pays the deposit at the time of signing the contract, unless another term is specified. Reservations for which no deposit has been paid are considered invalid. For reservations with a starting date of travel less than 60 /sixty/ days, the full amount of the reservation is paid.
Final payment: no later than 30 calendar days before the date of travel, unless otherwise specified in the offer for the specific tourist product or package.
The tour operator monitors the prices and all other conditions of the sold TP and takes the necessary measures in a timely manner to notify their amendments. The tour operator has the right to change the final price in the contract when, after its conclusion, they change by not less than 3% of the components involved in the formation of the value of the respective excursion /transportation, hotel, restaurant, exchange rate differences, etc./, as well as in case of changes in airport taxes.
An increase in the price of the organized trip is possible, but not later than 10 (ten) days before the date of departure in the presence of one of the following reasons: in case of an increase in fuel prices, in case of a change in the value of transport costs, a change in the amount of fees related to the trip /port, airport, etc./, a change in the exchange rates that have arisen after the signing of the contract until the date of departure.
If the Tour Operator makes a significant change in any of the essential Clauses of this Agreement, it is obliged to notify the User within two days of the occurrence of the circumstances under the previous paragraph, but not later than 10 (ten) days before the start date of the trip. A change in price of more than 5% (five percent) is considered a significant change in the contract. Replacement of the hotel or food and entertainment establishment with another of the same or higher category, without changing the price or replacing the means of transport with another, of the same or higher category or class, shall not be considered a change in the Agreement.
The prices published on the website of the Tour Operator www.karta-holiday.com are valid as of the date of publication. The tour operator reserves the right to change prices.
Subsequent price reductions as a result of special offers are valid only for the specified period and cannot be applied to already made reservations or concluded contracts.
In case of late payment, the Tour Operator has the right, at its option, to amend the terms of the TP or to cancel the reservation, including by terminating the contract, with the appropriate consequences.
The tourist has the right, within a month before the start of the TP, to transfer his rights and obligations under the contract to a third party by notifying the Tour Operator in writing within three days and remains jointly and severally liable for all arising obligations. In these cases, among other possible costs (air tickets, reservations for services, etc.), the Tour Operator is due an administrative fee for the transfer, in the amount of the actual costs, but not less than BGN 90. per person.
The tourist is obliged to pay for the additional services that are not included in the cost of the TP separately.
The contract is valid only in relation to the services explicitly described in it. The provision of additional services beyond those described in the contract is carried out by a separate agreement of the parties and the user owes an additional fee for them. In case the additionally requested tourist service, outside of this contract, cannot be provided due to objective reasons, the Tour Operator shall refund to the tourist the full amount of the price paid for it. Failure to provide the additional tourist service may not lead to the consumer's refusal of this contract for organized travel.
If necessary, the Tour Operator shall ensure that the necessary measures are taken in accordance with European and national legislation, including:
Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 on the rights of persons with disabilities and persons with reduced mobility when travelling by air, hereinafter referred to as "Regulation (EC) No 1107/2006,
Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55/1 of 28 February 2011), hereinafter referred to as 'Regulation (EU) No 181/2011', as regards persons with disabilities or reduced mobility for the purpose of travelling by bus;
Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 on the rights of passengers travelling by sea or inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334/1 of 2010), hereinafter referred to as 'Regulation (EU) No 1177/2010', as regards persons with disabilities or reduced mobility for the purpose of travelling by sea or inland waterways.
IV. RIGHTS AND OBLIGATIONS OF THE PARTIES
The Tour Operator undertakes to provide in accordance with the general terms and conditions of this contract the tourist services paid by the User.
In case it is not available, to ensure the conclusion of compulsory medical insurance of the User for trips outside the country under the terms of the respective insurance company.
At the request of the User and for an additional fee, to insure him for other risks during the trip or a Trip Cancellation insurance policy.
The Tour Operator has the right to withdraw from the contract without bearing any responsibility if the User does not make payments within the established deadlines and thus shows bad faith in the performance of his obligations. Payments in cash against a duly executed document by employees of the Tour Operator and payments by bank transfer, with which the account of the Tour Operator is credited, will be considered as a payment made. If the User has made a deposit, but has not made payments within the established deadlines up to the full amount of the total cost of the trip, the deposit is not refunded and the tour operator has the right to refuse to perform the contract.
The tour operator has concluded an insurance contract under Article 97 of the Tourism Act with the Insurance Joint Stock Company "Lev Ins" – Sofia. Sofia. The certificate for concluded insurance "Liability of the Tour Operator" is presented at the request of the User before the start of the trip.
The Tour Operator reserves the right to change the carrier in the event of reasons that make it impossible or inexpedient for the carrier specified in the contract to fulfill its obligations by notifying the User thereof.
The Tour Operator has the right to replace the hotel with one of the same or higher category, in the same resort, without changing the total price paid by the User, in case of duplicate booking, closure of the respective hotel or reluctance at the last minute of the hotel to receive tourists.
The Tour Operator reserves the right to change the departure time in case of a change of carrier or the occurrence of other objective reasons that require it, notifying the User in a timely manner.
The exact time and place of departure from Bulgaria, reg. The vehicle number and telephone number of the accompanying representative shall be communicated two days before departure.
The Tour Operator reserves the right to change the places for accommodation of the User in order to accommodate mothers with children, pregnant women, elderly people and in the presence of other similar objective reasons.
The Tour Operator reserves the right to cancel the trip if the conditions in the destination have changed and the Tour Operator could not carry out the trip without putting the User's security at risk. Such conditions are considered to be force majeure, including but not limited to: military actions, natural disasters, volcanoes, strikes, epidemics, and other events that pose a threat to the security of the User.
The Tour Operator undertakes to notify the User about the cancellation of the trip and the conditions for refund of the amount paid as soon as possible.
In the event of force majeure circumstances arising during the User's stay at the destination, the Tour Operator reserves the right to cancel the trip and take all necessary measures to change the travel itinerary.
The user undertakes:
– When traveling outside Bulgaria, to provide the necessary personal documents /passport, identity card/, drawn up in accordance with the laws of the visited country and the Republic of Bulgaria, as well as with the requirements for validity.
– If the User is a person who is under 18 years of age and who will travel abroad with his/her own passport, identity card (for persons over 14 years of age), he/she must submit a notarized declaration from both parents that they agree with his/her departure to the specified country on the specified date (if the minor travels with one of his/her parents, it is necessary to have a notarized consent from the other parent).
– To pay in full and within the terms established in this Agreement the cost of the tourist services.
– To comply with the laws of the country to which he is traveling; the rules established by the representatives of the Tour Operator and in the relevant accommodation facilities. Failure to comply with the laws and regulations, as well as the User's indecent behavior or behavior that disrupts the normal course of the trip, gives the Tour Operator the right to refuse to perform the contract without owing penalties for this to the User. In this case, the User is responsible for his further accommodation and return trip, and all costs are at his expense.
– The user who intends to travel and stay in countries with an increased risk of infectious diseases is obliged to undergo appropriate prophylaxis /vaccination/, according to international medical requirements, for which he is obliged to inform himself/herself.
If the User, or another person on the reservation, is a person with reduced mobility or health condition that requires special measures, this must be communicated to the Tour Operator at the time of booking for travel. The tour operator will try to satisfy these requirements, but cannot guarantee them.
– If the User needs help from the Tour Operator during the trip in connection with an illness or has become a victim of a crime, as well as if, at the request of the User, the Tour Operator has organized an earlier departure of the User from the destination, or other special preparations that give rise to additional costs, then these costs are at the expense of the User and are paid by the User within 7 /seven/ days after the end of the trip.
– The tourist is obliged to observe the announced starting times for departure and to appear in a condition and appearance that allow him to participate in the trip and that do not cause inconvenience to the other tourists and to the employees of the Tour Operator and its co-contractors. The tour operator is not responsible for missed transfers due to the delay of the tourist or for non-provided services due to the inadequate condition or appearance of the tourist. In the event that additional costs arise for the tourist or the Tour Operator due to the stated reasons, they are fully covered and are at the expense of the tourist.
The User has the right:
– Not later than 30 /twenty/ days before the date of the trip, to notify the Tour Operator that he/she wishes to transfer his/her rights and obligations under this Agreement to a third party that meets all the requirements for the trip. In this case, it is necessary to conclude an additional agreement that regulates the liability to the Tour Operator for the paymentthe total cost of the journey and the costs associated with the transfer.
If the package includes a flight with scheduled airlines, the ticket cannot be transferred to another person and the amount on it is not refundable. An insurance policy also cannot be transferred to another person and the amount on it is not refundable.
V. LIABILITY
When the liability of the Tour Operator's counterparties for damages caused by the non-performance of services is limited by international treaties ratified, promulgated in the State Gazette and entered into force for the Republic of Bulgaria, the liability of the Tour Operator is within these limits.
The tour operator may cancel the trip if the required minimum number of participants has not been recruited or if the cancellation is due to force majeure. In these cases, the Tour Operator is not responsible for the non-fulfillment of the Contract by returning to the User all amounts paid, except for that part of them for the actual costs incurred /paid insurance, fine for returned tickets, visa fees, etc./. The actual expenses incurred shall be certified by duly executed documents.
The Tour Operator reserves the right to change the carrier with another carrier in the event of reasons that make it impossible or inexpedient for the carrier specified in the contract to fulfill its obligations, notifying the User thereof within 24 hours before the date of departure. The Tour Operator reserves the right to change the departure time in case of a change of carrier or the occurrence of other objective reasons that require it, notifying the User in a timely manner.
The Tour Operator shall not be liable for damages caused by non-performance or inaccurate performance of this Agreement, if the reasons for this are due to:
1. The User
2. actions of a third party unrelated to the performance of the Treaty;
3. force majeure or an event that cannot be foreseen or avoided by the Tour Operator and its contractors in the conscientious performance of their obligations. Force majeure or event will be considered: bad weather conditions, complicated traffic conditions, fires, floods, earthquakes and other natural disasters, volcanoes, delays at border or control posts, assistance to a tourist, national or religious holidays, mass public events, strikes, technical accidents, changes in the working hours of institutions, incl. of museums, administrative acts issued after signing the contract, defect of a vehicle.
In these cases, the tour operator reserves the right to change individual elements of the tourist program or change the same, without owing penalties or compensations.
In case of refusal of the border services to allow the User to enter the territory of the respective country /for any reason/, the Tour Operator is not responsible and does not owe a refund of the price paid for the tourist trip.
If the Tour Operator makes a significant change in any of the essential Clauses of the Organized Travel Agreement, it is obliged to notify the User of the change directly or through the travel agent within two days of its occurrence, but no later than 10 days before the start date of the trip.
The User may:
1. Accept the changes, which is certified by an additional written agreement to the contract, which specifies their impact on the price, or:
2. Withdraw from the contract without owing a penalty or compensation. The user undertakes to notify of his decision regarding the changes made within 3 days after receiving the notification from the tour operator, but not later than the start date of the trip. The User declares that the telephones specified by him in the Agreement, faCS, e-mail are in fact those that can be used by the Tour Operator for quick and irrevocable transmission of the notification. Replacement of the hotel or food and entertainment establishment with another of the same or higher category, without changing the price, or replacement of a means of transport with another of the same or higher category or class, is not considered a change in the Organized Travel Agreement.
The acceptance of the amendments under the preceding Article shall be certified by an additional agreement to the Organized Travel Agreement.
In case of significant change in some of the essential clauses of the contract for the organized trip, the User may withdraw from the contract without owing a penalty or compensation, having the right to choose one of the following options:
1. To be offered another trip of the same or higher quality /category/;
2. To be offered another trip with a total price of lower quality, in which case the Tour Operator is obliged to refund the difference in price between the canceled and the proposed trip, or
the User has the right to cancel the trip without penalty 3 days after signing up and paying a deposit. In case of cancellation of the trip, the amounts paid by the User for air tickets and medical insurance are not refunded, regardless of the cancellation terms above.
In case of refusal of the Tourist from the TP for reasons not related to the failure of the Tour Operator to fulfill his obligations, the amount paid is refunded in full, within three working days, and the following penalties are deducted / can be claimed from it, as a percentage of the value of the TP: more than 3 months before the date of travel – 20%; from 3 months up to 30 days – 50%; from 29 to the beginning of the trip – 100%, of the full value of the TP / or other terms specified in the contract of the respective trip /.
Failure to pay the full amount of the selected TP on time is considered a refusal of the Tourist with the consequences provided for in this clause.
In case of cancellation of the trip due to illness or other personal reasons related to the User, he loses the amounts paid to the Tour Operator in accordance with the cancellation terms and in the amounts under the previous paragraph, respectively he owes payment of these amounts, in case he has not paid them.
In case the User terminates his/her vacation /excursion/ during its conduct at his/her own will, all additional costs, including transport costs, are at his/her expense. In this case, there can be no claims for the return of part of the value of the requested services, insofar as they are subject to return.
In case of submission of documents with false data and non-compliance with the deadlines by the User, the Tour Operator has the right to cancel the trip, withholding the above penalties.
In the absence of a minimum number of tourists (only if it is specified in the relevant offer), the Tourist is offered an additional payment for an individual trip, reorientation for another group or route, and within a reasonable time, before the start, the Tour Operator, after notifying the Tourist, has the right to cancel the trip, refunding the entire amount, without mutual penalties and/or compensations being due.
The tour operator is not responsible for the performance of services that are not part of the program, ordered by the tourist on the spot of third parties and suppliers.
The tour operator is not responsible for fines and/or other penalties imposed on the touristby authorized persons in the host country for offenses committed by the tourist, such as throwing garbage in an unregulated place, smoking in a public place, indecent appearance and/or behavior, non-compliance with traffic rules and other violations of local legislation and public rules, moral and religious values.
The tour operator has the right at any time during the trip to unilaterally refuse to provide part of the services included in the package or terminate this contract unilaterally and with immediate effect without owing penalties or compensations in case the tourist with his behavior creates a serious risk to the security or comfort of the other tourists, employees or contractors of the tour operator, or to state or municipal officials in the host country or for the successful continuation of the journey. In this case, the tour operator does not owe a refund of the amounts paid by the consumer under the contract and is entitled to compensation for all damages caused to him by the illegal behavior of the tourist, in case they exceed the value of the price of the tourist package.
VI. DISPUTES AND CLAIMS
All disputes regarding the implementation of this Agreement will be resolved through negotiations by mutual consent of the parties. In the event that an agreement cannot be reached, they will be referred to the court in the area of which the defendant has his permanent address or registered office. A user's claim can also be filed at his current or permanent address.
In the event that during the trip facts of non-fulfillment or inaccurate fulfillment of the terms of this Agreement are established, the User undertakes to immediately notify the service provider and the Tour Operator in writing or orally, in order to take timely measures that satisfy all interested parties. Complaints not stated in writing on the spot of the respective service provider, which are raised for the first time after the end of the stay of the traveler, the Tour Operator has the right not to consider.
In the event that the User's claims related to the quality of the service provided cannot be satisfied on the spot during the provision of the service, the User has the right to file a duly executed claim, accompanied by a protocol signed by a representative of the receiving agency in the respective country, the administration of the site providing the tourist service to the Tour Operator in writing within 7 days from the discovery of the non-compliance of the service with the Agreed. Any other agreement in this regard, which preliminarily excludes or limits the rights of the consumer, is null and void and unlawful.
The Tour Operator undertakes to give its opinion on it to the User within 30 (thirty) days after receiving the claim.
Any services other than the packages purchased by the Tour Operator and paid for in the Republic of Bulgaria, which are purchased and paid for on the spot by the travelers, should be presented to the welcoming tour operator and to the organizing company that has provided them. The Tour Operator is not responsible for such services and for claims to such services.
VII. PROCEDURE FOR AMENDMENT AND TERMINATION OF THE CONTRACT
Each of the parties has the right to request an amendment or termination of the Agreement in connection with significant changes in the circumstances under which the Agreement was concluded, and for all unsettled issues the Tourism Act and the applicable Bulgarian legislation apply.
An agreement to amend or notice of termination of the Agreement will be made in writing.
In case of amendment of the Agreement, the obligations of the parties shall remain in an amended form. Upon termination of the Agreement, the obligations of the parties shall be terminated after the settlement of the financial relations.
The User declares that he/she is aware of the voluntary nature and conditions for the collection and processing of personal data for the purposes of the execution of this Agreement, and that he/she accepts these terms, including that he/she agrees to reproduce and maintain the documents containing personal data provided in connection with this Agreement for the purposes of its implementation.
The Tour Operator guarantees that the personal data provided by the User are protected under the Personal Data Protection Act, are processed only in connection with the performance of this contract and are stored in accordance with the regulatory requirements.