GENERAL ТERMS AND CONDITIONS FOR ORGANIZED TOURIST TRAVEL, PART OF THE ORGANIZED TOURIST TRAVEL AGREEMENT
Bookings for all tourist services, offered by Smartplanny EOOD (Tour Operator), shall be performed through the company website (www.smartplannytour.com) or per mail, as follows: email@example.com. The reservation is considered to be valid after providing of the ID card or passport (if booking of plane tickets), a conclusion of the agreement for touristic package and payment of the deposit.
The Tour Operator may change the pre-agreemen information by informing the Traveler in a clear, understandable and visible way prior to the conclusion of the package agreement.
2. Immigration formalities
All nationals of the countries of the European Union can travel with their valid Identity cards.
The nationals of other countries have to inquire about conditions of the regime of circulation between their country and Bulgaria. The Tour Operator will not take the responsibility of settlement of all formalities before departure under no circumstances whatsoever. The Traveler itself must take care of all formalities prior to travel (passport, visa if necessary), including customs formalities.
3. Prices and payment
Payments under the agreement shall be made by the Traveler in EUR.
Payments are accepted by bank transfer to the Tour Operator’s account.
Smart Bulgaria and Weekend Tours: 20% advanced payment (deposit) of the full price + additional services must be paid at the time of booking. The remaining amount should be paid no later than the four weeks of the scheduled travel service.
Smart Ski Holiday Week Borovets: 50% advanced payment (deposit) of the full price + additional services must be paid at the time of booking. The remaining amount should be paid no later than the four weeks of the scheduled travel service.
In case of purchasing flight tickets, hotel rooms or other services, which require special conditions and which do not allow a full or partial refund, a full amount for these services could be required earlier, for what customer will be notified in written form by e-mail.
4. Rights and obligations of the parties:
4.1. Obligations of the Tour Operator.
4.1.1. The Tour Operator undertakes to provide, in accordance with the terms of the agreement, the tourist services paid by the Traveler.
4.1.2. The Tour Operator provides upon request of the Traveler a tourist insurance for a travel in Bulgaria.
4.1.3. The Tour Operator reserves the right to unilaterally change terms other than the price in the agreement, provided that the change is insignificant. In such cases, the Tour Operator informs the Traveler in a clear, understandable and visible way in writing.
4.2. Rights of the Tour Operator.
4.2.1. The Tour Operator has the right to withdraw from the agreement without any liability if the Traveler fails to make payments within the set deadlines. The fact of payment is certified by a document. If the Traveler has made a deposit but has not completed the surcharges up to the full cost of the trip within the specified time limit, he or she is deemed to be giving up the trip and the deposit is not returned. If the Traveler has deposited and/ or made additional payments to the full price, but the fault of the Tour Operator does not lead to the conclusion and performance of the agreement, the amounts actually paid by the Traveler are returned to him so far.
4.2.2. The Tour Operator reserves the right to change the transport service (if applicable) without changing the total price to another, in the event of reasons which make it impossible or inappropriate for the transport provider to fulfill its obligations.
4.2.3. The Tour Operator is entitled to replace the hotel with one of the same or higher category without any change in the total price paid by the Traveler, in case of a duplicate reservation, closure of the respective hotel or reluctance at the last moment of the hotel to accept the tourists.
4.2.4. The Tour Operator has the right to increase the agreed total price of the package in the event of a change in:
• the cost of transporting as a result of a change in the price of fuel or other energy sources;
• the amount of taxes or fees on the travel services included in the agreement, imposed by a third party not directly involved in the execution of the package, including tourist taxes;
• the exchange rates for the tourist package;
The order and the way to recalculate the price in these cases are: the price is increased only with the actual increase of the component, which has influenced the price change.
4.2.5. The Тraveler shall be entitled to a reduction in the cost of the package corresponding to any reduction in costs in the cases referred in point 4.2.4 where the reduction has occurred after the conclusion of the agreement until the start of the package. The order and method of price recalculation in these cases is: the price is reduced only by the actual decrease of the component that has influenced the price change.
4.2.6. The Tour Operator shall notify the Traveler in a clear and comprehensible manner about it, together with a justification for the increase and calculations in writing, no later than 20 days before the start of the execution of the package.
In the event of a reduction in the price, the Tour Operator shall be entitled to deduct the administrative costs incurred by the Tour Operator from the amount to be recovered to the Traveler. Upon request, the Tour Operator shall provide the Traveler with proof of the administrative costs incurred.
4.3. According to the requirements under Art. 97 of the Law of Tourism, the Tour Operator has concluded “Tour Operator’s Liability Insurance”, Insurance Policy № 1329180131000070/ 28.09.2018 valid until 27.09.2019 of Generali, with headquarters and address of management at 1000 Sofia, 68 Knyaz Al. Dondukov Blvd. , phone (+359 2 9267 111).
4.4. Obligations of the Traveler.
4.1.1. If he is a person who is not over 18 years old and who will travel abroad with his or her own passport or valid ID, where possible, a declaration by a notary certified by both parents that they agree he/ she to go to Bulgaria on that date (if the person travels with one of his parents, he/ she needs to have a notarized consent from the other parent).
4.1.2. To pay in full and within the deadlines set in this Agreement the value of the tourist trip.
4.1.3. To observe the laws of Bulgaria where he travels;
4.3. Rights of the Traveler.
4.3.1 Within a reasonable time but not less than 7 days prior to the start of the execution of the package to transfer its rights and obligations under this agreement to a third party that meets all travel requirements. To make use of this right, the Traveler should send a notice to the Tour Operator in writing. In this case, the transferor and the person to whom the package travel agreement is transferred are jointly and severally liable to the Tour Operator for payment of the total cost of the trip and any additional fees, or other additional costs resulting from the transfer for which the Tour Operator informs the person transferring the rights. The person to whom the agreement is transferred declares to him that he accepts the transfer and fully complies with the terms of the agreement and the appendices thereto and that he is aware of the travel information prior to the acceptance of the transfer. The person transferring the agreement declares to the latter that he transfers all rights and obligations under it. The traveler is aware of the fact that there is an objective impossibility to transfer the package when, due to the requirements of the carriers or the place of accommodation, it is impossible to change the name.
4.3.2. To contact anytime Smartplanny EOOD, with address Sofia 1712, Mladost 3, bl.386, ap.6.4., phone +359 895 653 369, e-mail firstname.lastname@example.org to request assistance in case of difficulty or to complain about a finding of discrepancy in the course of the implementation of the package.
5. Responsibility of the Parties.
5.1. Where one of the tourist services does not comply with the Package Agreement, the Tour Operator shall be required to remedy the non-compliance unless:
• this is not possible, or
• is associated with disproportionately high costs due to the degree of discrepancy and the value of the affected tourist services.
5.2. When a substantial part of the tourist services cannot be fulfilled as provided in the Travel Package, the Tour Operator offers to the Traveler, without incurring additional costs, other appropriate tourist services, possibly with the same or higher quality compared to those specified in the contract, to continue the execution of the package agreement, including when the return of the Traveler to the starting point of the trip has not been provided as agreed.
5.3. The upper limit of the liability of the Tour Operator for damages caused to the Traveler as a result of the non-performance or improper performance of the contract is the minimum possible in relation to Art. 91, para. (5) of the Law of Tourism.
5.4. The Tour Operator has the right to terminate the Package Agreement by canceling the trip and reimbursing to the Traveler all payments made for the package without additional compensation when:
5.4.1. The Tour Operator is prevented from complying with the agreement due to insurmountable and extraordinary circumstances and has notified the Traveler of the termination of the contract without undue delay before the start of the package.
5.4.2. In such cases, the Tour Operator shall not be liable for the non-fulfillment of the agreement by returning to the Traveler all sums paid, excluding that part for the actual expenses (paid insurance, air tickets, etc.). The actual costs incurred shall be certified by duly completed documents.
5.5. The Tour Operator does not owe compensation when it proves that the non-compliance of the services provided with the package agreement is due to:
• The Traveler;
• Refusal of the Authorized Authorities to issue a Visa to the Traveler;
• Non-admission by the customs and border services the traveler to enter the country due to lack of duly documented documents or committed offenses;
• A third party not related to the provision of tourist services included in the tourist package that can not be predicted or prevented;
• Insurmountable and extraordinary circumstances.
In the event of the occurrence of a circumstance under this paragraph, the Tour Operator shall have the right to waive the performance of its obligations under this agreement and in such case, the Traveler shall not be entitled to compensation for the suffered or possible loss, loss of profits and/ or other damages.
5.6. When, prior to the start of the tourist package, the Tour Operator is forced to substantially change one of the main features of the tourist services under Art. 82, para. 1, item 1 of the Law on Tourism or cannot fulfill any of the specific requirements under Art. 84, para. 1, item 1 of the Law on Tourism or offers an increase of the price of the tourist package by more than 8%, the Tour Operator shall notify the Traveler accordingly without undue delay in a clear, comprehensible and visible way on a durable medium. The Traveler is obliged to notify the Tour Operator of his / her decision on the changes made within 3 days after receipt of the notification by the Tour Operator but not later than seven (7) working days prior to the commencement date of the trip. In the event that the Traveler fails to provide a response to the Tour Operator within the specified period, the Traveler agrees and accepts the proposed changes.
5.7. If the Traveler does not accept the changes, the Tour Operator offers him another trip under the same or better conditions. If the Traveler does not accept the offer, he may withdraw from the agreement without due compensation or indemnity, and the Tour Operator shall reimburse him the amounts paid by him under the agreement within 14 days of the date of receipt of the notice of withdrawal. Replacement of the vehicle/ airplane/ hotel with another of the same or higher category or class without any change in the price is not considered to be a change to a core feature of the agreement.
5.8. The Traveler declares that the telephones and e-mail mentioned in the agreement can actually be used by the Tour Operator if necessary.
6.1. Check-in at arrival is done after 14.00 – 15.00, and the rooms will be released after 10.00 – 12.00 on the day of departure and will depend on the specific policies of the selected hotel.
6.2. The Traveler should bear in mind that before or after check-in, according to the announced hours, no services are available at the hotel or are available at an additional cost.
7. Cancellations and penalties.
Smart Bulgaria and Weekend Tours:
– Up to 31 days before the departure date – cancellation fee: 20% of the basic price + additional services
– 30 days or less before the scheduled beginning of the services – the amount will not be refunded.
Smart Ski Holiday Week Borovets:
– Reservations must be cancelled up to 14 days prior to arrival to avoid cancellation charges and receive a full refund on the deposit taken.
13 – 7 days prior to arrival: 50% of the amount on the cancelled period is refunded to the customer;
6 or fewer days prior to arrival, no-show or early departure: the full amount is kept.
All paid amounts for services, subject to special cancellation conditions by third-party providers, which do not allow a free cancellation will not be refunded.
8. Disputes and Claims.
8.1. All disputes about the performance of this agreement will be resolved by mutual consent of the parties. If consent can not be reached, they will be referred to a competent Bulgarian court.
8.2. In the event that faults are detected during the voyage, the Traveler shall immediately notify the service provider and the Tour Operator in order to take timely measures that satisfy all interested parties.
8.3. In the event that the Traveler’s claims regarding the quality of the service provided can not be met on the spot when providing the service, the Traveler has the right to make a duly formulated claim to the Tour Operator, in writing within 14 days of his return, at email@example.com. The Traveler is obliged to provide a protocol (complaint) signed by a representative of the service provider, providing the tourist service and by himself. The Tour Operator shall notify the Traveler of his / her response within 30 days of the deposit of the claim.
8.4. In the event that the Traveler himself cancels a tour during his/ her stay, he/ she shall not be entitled to claim reimbursement of any sums. In this case, the Traveler himself arranges for his return.
9. Other terms.
9.1. The agreement and the general terms and conditions, which are an integral part thereof, have been prepared in accordance with the Law on Tourism and the Bulgarian Legislation.
9.2. All amendments and additions between the parties in writing are considered an integral part of the contract.
9.3. Upon amendment of the agreement, the parties’ obligations are retained in an amended form. Upon termination of the agreement, the parties’ obligations shall be terminated after the settlement of the financial relationship.
9.4. The agreement enters into force from the moment of signing it and has effect until the end of the tourist trip.