GENERAL TERMS
- Scope
- The present General Terms refer to:
- Reservation, participation and cancellation of the package tours provided by Vagabond Travel Ltd (hereinafter referred to as the Tour operator) and form integral part of them.
- The settlement of disputes arising in relation to said services.
- The act of making a reservation and/or concluding the contract shall be deemed to be an evidence of their knowledge, understanding and acceptance by the user of the services.
- Vagabond Travel Ltd is a licensed tour operator with license РК – 01 – 7827, UIC (Unified Identification Code) 204868265, address: 1000 Sofia, 5 Knyaz Alexander Dondukov-Korsakov Blv., entr. V, app. 25, www.vagabondtravel.bg, e-mail: vagabondtravelbg@gmail.com , tel.: +359 897 984 983. The certificate is available on the internet site of the Tour operator http://www.vagabondtravel.bg/en/documents/
- Subject of the present General Terms is the provision by Vagabond Travel of pre-arranged group and individual tours at an inclusive price (package tours).
- „Consumer of pre-arranged group and individual tours at an inclusive price ” shall be a person:
- who concludes a package tour contract, or
- who agrees to conclude a package tour, or
- on whose behalf and/or in whose favour a package tour contract has been concluded or agreement to conclude such a contract has been reached, or
- to whose benefit a package tour has been transferred.In ca
- The present General Terms refer to:
- Making of package tour request and booking (reservation)
- Reservation for the package tours of Vagabond Travel can be made on the website www.vagabondtravel.bg by the sending a duly filled reservation form or by telephone +359 897 984 983.
- Vagabond Travel considers the reservation definite upon sending confirmation, concluding of contract and receiving 30% deposit or payment of the whole price.
- Sending the reservation shall be deemed as evidence of knowledge, understanding and acceptance of the General Terms.
- Prices, payment and terms
- The prices of the package tours on the internet site of Vagabond Travel can be named in BGN, EUR or USD.
- Every package tour has a description of what is included in the price. All expenses not mentioned in the section “The price includes” are considered personal and are not part of the package tour price.
- All payments are to be done in BGN by bank transfer to the bank account of Vagabond Travel in Unicredit Bulbank, IBAN: BG97 UNCR 7000 1523 1200 66 BIC: UNCRBGSF
- Prices named in foreign currency are calculated in leva according to the foreign exchange rate of Bulgarian NationL Bank as of day of payment.
- Deposit. Unless mentioned otherwise the deposit is 30% of the package tour price. The Consumer must pay the deposit within 2 (two) days following the confirmation from the Tour operator, unless other terms are mentioned.
- Balance payment. Unless mentioned otherwise balance payment is to be made 30 days prior to departure.
- The Tour operator reserves the right of revision of the price of the package tour in case of increased transportation costs, including the cost of fuel, the amount of dues, taxes and fees chargeable for certain services used under the contract (such as landing taxes or embarkation/disembarkation fees), the foreign currencies exchange rates, applicable to the contract during the period between the conclusion thereof and the date of departure. The price may not be increased during 20 days prior to departure. The revision of the price with less than 5% is not deemed as significant alteration of the contract.
- In case of revision of the price of the package tour in excess of 5% according to cause to reasons stated in 3.7. , the Tour operator shall inform the Consumer within 2 days but not less then 20 days prior to departure. The Consumer has the right to withdraw from the contract without penalty and shall inform the Tour operator of his election within three days after receipt of the notification. All changes in the contract must be made in writing only.
- If the Tour operator provides information about serviced prices which are NOT included in the package tour price (museum entry fees and/or attractions, excursions, food etc.) the parties agree that the prices are not final and the Tour operator does not bind to their accuracy and does not be hold responsible for the difference between the announced and the actual prices.
- Visa and passport
- The Client is fully responsible for all visa, passport, immigration, quarantine, customs, health and other requirements of the countries visited or transited. A valid passport must be carried by each person. Vagabond Travel Ltd. is not responsible if a client fails to ensure that they comply with these requirements.
- Rights and obligations of the parties
- Rights and obligations of the TOUR OPERATOR
- The Tour operator shall provide all tourist services paid for by the client in accordance with the present contract.
- The Tour operator has an insurance contract “Tour operator liability” according to art. .93, § 1 of Bulgarian Tourism Law with “Grupama Insurance” . The certificate is available on the internet site of the Tour operator http://www.vagabondtravel.bg/en/documents/
- No travel or mountain rescue service insurance is included in the package tour. Vagabond Travel recommends purchasing a policy of own choice for the time of the travel.
- The Tour operator has the right to refer to section 6 in case of changes and cancellations.
- The Tour operator reserves the right to cancel the contract without any consequences in case the Client fails to make payments within deadline and the set terms of payment and thus does not carry out his contact obligations. The payment is acknowledged by a duly drawn document. If the Client has paid the deposit for the tour and has not made the balance payment in due time, the tour operator retains the deposit.
- In case the Tour operator makes a significant change in some of the clauses of the present contract art. 93, § 1- 5 from the Bulgarian Tourism Law apply.
- Rights and obligations of the Client
- The Client has the right to transfer to another suitable person his rights and obligations in accordance with the present contract at latest 20 days prior to departure. In that case both the Client and the third person are responsible to the Tour operator in solidarity for the payment of the total price of the organized tour plus administration charge for the transfer. The third person declares that he approves of the transfer conditions and he fully agrees with the contract and annex regulations and that he is aware of the transfer information before the date of the transfer.
- The Client has the right to make changes and cancellations according to art. 5 of the General terms and conditions.
- The Client shall notify the Tour operator immediately in case of change of his address, ID or passport, way of communication stated in the present contract.
- The Client is obliged to make a full payment of the tourist services within the terms indicated by the present contract.
- The Client is obliged to abide by the laws of the country of destination.
- In case the Client intends to travel to countries of higher risk of infectious diseases, he/she is obliged to get a vaccination or go trough prophylaxis according to the international medical regulations.
- The Client is obliged to provide all personal documents needed for traveling abroad /valid passport, obligatory immunization, etc./, which must be drawn up in accordance both with the laws of the travel destination and the Republic of Bulgaria.
- In case the Client is minor of age and is going to travel abroad with his/her own passport, a notary certified declaration signed by both parents and two copies have to be presented to the effect that they agree with the departure of the Client to the travel destination on the departure date (if the under-age Client is going to travel with one of the parents, he/she has to present a notary certified assent of the other parent).
- Rights and obligations of the TOUR OPERATOR
- Cancellations and penalty
- Cancellation. Unless stated otherwise:
- When cancelling 31 or more days prior to departure – 100% refund less the deposit.
- When cancelling less than 30 days prior to departure – 100% of the total tour price.
- In case the Client fails to present at departure the Tour operator will retain 100 % of the tour cost as a cancellation fee.
- If the Client quits the tour or the tour is discontinued by events beyond the Tour operator ’s control no refunds are due by the Tour operator.
- If the Tour operator makes a significant change of the contract the Client shall be notified immediately. The Client is bound to inform the Tour operator about his decision on the changes within 3 days after receiving the notice of the Tour operator. he Client guarantees that the telephone and e-mail address he has given in the contact can be used by the Tour operator for quick and reliable delivery of messages.
- In case the Client does not accept the changes set in art. 6.6., the Tour operator has to offer another tour at the same or higher/lower price with the corresponding additional payment or refund of the price difference. If the Client does not accept the offer of the Tour operator, he can cancel the Contract without having to pay any cancellation fee or compensation and the Tour operator has to refund sums paid by the Client within 7 days of the date of receipt of the deny-notice.
- Changes in hotels or places of accommodation with others of the same or higher category without changing the price or changes in transportation means with other of the same or higher category or class is not considered a substantial change of the contract. Shall the Client refuse to accept the change § 6.3 and 6.4 apply.
- Cancellation. Unless stated otherwise:
- Liability and Claims
- The tour operator is not liable for not-fulfillment or inaccurate fulfillment of the present contract and no claims are to be raised in case the not-fulfillment or inaccurate fulfillment is due to:
- The Client;
- Third party, not related to the fulfillment of the contract and beyond the control of the Tour operator;
- Force majeure circumstances – an extraordinary event beyond the control of the Tour operator that has occurred after the conclusion of the contract and that prevents the Tour operator from fulfilling his obligations. The force majeure circumstances are sush as but not limited to: Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service, emergency medical care to any of the participants in the group, etc. If such circumstaces occur the Tour operator reserves the right to change the program according to the situation.
- For services the Client has bought direcly on site or without the participation of the Tour operator;
- In case of failure to provide or inadequate provision of the services, described in the “Tour contract” on the part of the Tour operator, the Tour operator is liable to compensate the Client to the extent of the benefits missed or damages suffered. The limit of liability of the Tour operator in similar cases cannot exceed 100% of the total cost of the service.
- The Tour operator reserves the right to cancel any tour prior to departure for any reason whatsoever, including insufficient signup, or if there are a force majeure circumstances. In this case the Tour operator is not liable for non-fulfilment of the contract and a refund is due, except for the expenses already made /insurance, charges for returned airplane tickets, visa expenses etc/. These expenses must be duly acknowledged by proper documents..
- In case of insufficient signup and upon request from the Client the Tour operator may offer the tour with less participants and stetes the package tour price according to the changed circumstances;
- The tour operator is not liable for cancellation, delay or changes in the tour’s terms and conditions, not depending on the Tour operator, as follows:
- delays of flights arising from mechanical failures, bad weather;
- cancellation or stop of the tour due to personal reasons of the Client;
- theft or loss of or damage to luggage or travel documents during the tour;any problems with the customs authorities upon leaving Bulgaria or entering the country of destination, caused by failure to deliver the necessary travel documents or any law-breaking committed;
- Any disputes and claims will be arranged by consensus between the parties. In case no consensus can be worked out the disputes will be related to a competent Bulgarian court and judged in accordance relevant Bulgarian laws (The Obligations and Contracts Law).
- In case of non-fulfillment or inaccurate realization of the contract’s conditions during the tour, the Client is bound to inform immediately the relevant supplier or the Tour operator in writing, as for the latter to be able to react on time with a view to the due taking of adequate measures as to the satisfaction of all concerned parties.
- In case the claims of the Client regarding the quality of the provided services can not be satisfied in the moment of providing the service, the Client has the right to present a duly drawn up claim to the Tour operator not later than 3 work days after the end of the tour. The Tour operator is obliged to announce his statement regarding the claim within 30 days after its receipt.
- The tour operator is not liable for not-fulfillment or inaccurate fulfillment of the present contract and no claims are to be raised in case the not-fulfillment or inaccurate fulfillment is due to:
- Provisions in relation to the specifics of the package tours offered by the Tour operator. In relation to the specifics of the offered package tours:
- The act of making a reservation shall be deemed as evidence of knowledge and acceptance of the risks and inconveniences of the adventure travel. Due to political and/or cultural differences as well as the rougher natural conditions travelling in certain regions of the world involves some inconveniences of daily character.
- The Consumer is supposed to be aware of his/her physical condition and ability to undertake the tour without any risk of incurring upon himself/herself any health problems and/or impeding the usual progress of the tour.
- The Consumer accepts the tour leader’s authority and respects his decisions. Due to certain reasons – climatic, political, physical and/or others it may not be possible to follow the itinerary as planned. In case the tour leader – representative of the Tour operator – deems a situation dangerous, even if included in the program he/she can make changes as to avoid it and this could not be subject to claims.
- Changes and Termination of the contract
- Each of the parties has the right to ask change or terminate the contract in case considerable alterations.
- All changes and/or termination of the contract are to be made in writing only.
- In case of changes in the contract the obligations of the parties remain unchanged. In case of termination of the contract the obligations are terminated after setting accounts.
- Other terms
- The present General terms and conditions are drawn in accordance with the Bulgarian Tourist Law and the legislation.
- All changes and additional agreements between the parties are to be made in writing and are considered integral part of the contract.
- Any disputes and claims will be arranged by consensus between the parties. In case no consensus can be worked out the disputes will be related to a competent Bulgarian court and judged in accordance relevant Bulgarian laws (The Obligations and Contracts Law).
- The General terms form an integral part of the Vagabond Travel package tour contract.