GENERAL CONDITIONS FOR THE PROVISION OF TOURIST SERVICES
These General Terms and Conditions (GTC) are intended to regulate the relations between the trading company "EVROKOMPAS" LTD, a provider of tourist services (hereinafter referred to as the "tour operator") and the users of tourist services purchased through the website www.the-trips.com.
The headquarters of the tour operator is in Sofia 1504, str. "KRAKRA" № 26, ground floor, UIC 121373224, contact phone numbers: +359878797799, e-mail for administrative contact: office@the-trips.com, represented by Mr. Sivko Pachev – Manager.
The tour operator has a registration for carrying out tour operator activity №2896/16.06.2011 and a policy for insurance “Liability of the tour operator” № 03700100004176/30.11.2022, issued by the insurer ZD "EUROINS" AD, with headquarters and address of management in 1592 Sofia, bul. 43 Christopher Columbus, tel.: +359 70017241, www.euroins.bg/language/en, e-mail: office@euroins.bg. The policy is valid until 22.01.2024 and is concluded with insurance coverage under the current regulations.
Please read these terms and conditions carefully and comprehensively, as by booking travel services offered through www.the-trips.com website, you confirm that:
(a) you have read and understood these GTC, and
b) you express your explicit and unambiguous consent and agree to be bound by these GTC.
I. Definitions
1.The website (website) - www.the-trips.com is owned by the tour operator EUROCOMPAS LTD and is intended to serve its activities by offering consumers tourist services.
2.Website interface – a set of web design and web functionalities through which the user makes reservations for tourist services and stores electronic communication with the tour operator.
3.User – any adult and legally capable natural or registered legal entity who seeks to sign a contract with the tour operator for tourist services or a person who has signed such a contract and in accordance with these General Terms and Conditions.
4.User profile – each individual registered on the website has a personal profile that allows him to make inquiries and reservations of tourist services, to change and cancel reservations, as well as to carry out any communication with the tour operator.
4.1 Lead Traveller – owner of a user account who makes reservations for himself and his accompanying persons, signs contracts on his own and on their behalf for the provision of tourist services and is responsible as a party to the contract.
4.2 Accompanying travellers – participants in a trip requested by Lead Traveller. The accompanying people have rights and obligations of consumers under these GTC, although they are not a party to the contract. An exception is only the rights and obligations directly related to the conclusion, amendment and cancellation of the contract, as well as the communication with the Tour Operator through the website – signing annexes, a statement of amendment, receipt of notifications, etc.
4.3 Users who do not meet the requirements of these terms and conditions are not allowed to create a user account and purchase products and services from the website. In case of abuse, the Tour Operator terminates the contract, cancels the reservation and has no financial obligations to the abusive person and blocks his account.
5.Legal entity users- do not register a user profile, but request tourist services by e-mail reservations@the-trips.com and conclude a relevant contract.
6.Tourist services
6.1 Basic tourist services – accommodation, meals and transport.
6.2 Additional tourist services - services related to travel, entertainment, events and other events of cultural and cognitive nature, congress and business events (organization of meetings, conferences, seminars, trainings, presentations and other corporate events), sports animation and water attraction services, health, SPA and wellness services, use of ropeways, rental of beach facilities, ski equipment, vehicles and vessels for sports, tourism and entertainment, services provided by schools and clubs of dance, riding, sailing and other water sports, services provided by ski schools, and other services offered and consumed by tourists during their travel and stay.
6.3 Package – a combination of at least two different types of travel services (basic and additional) for the purposes of the same trip lasting 24 hours or more, including nights. The combination may be carried out by a single trader, at the request of or in accordance with the consumer's choice prior to the signing of a general contract for those services. Within the framework of the package, it is permissible to conclude separate contracts with individual suppliers for each tourist service, including after the conclusion of a contract, where the payment information on the part of the consumer, his e-mail address is transmitted by the tour operator with whom the first contract was concluded to another trader(s), and no later than 24 hours after the confirmation of the reservation for the first tourist service, a contract is concluded with that trader or with these traders.
6.4 Individual tourist services – basic and additional services that the Tour Operator sells independently at the request of the Users. The rules for packages are inapplicable to individual tourist services.
6.5 Linked travel services – a combination of at least two different types of travel services purchased as separate travel services for the purpose of the same trip, which do not constitute a package and result in the conclusion of separate contracts with separate travel service providers.
6.6 Additional mandatory services – these are services that are an integral part of the package, the price of which is announced separately.
6.7 Additional optional services – these are separate services with an advertised price, which the customer of his choice adds or does not add to the package.
7. Outdoor activities- The tour operator offers packages, related and separate tourist services for outdoor activities which, depending on the venue and the content of the activities, are classified into the following main categories and subcategories:
7.1 Mountaineering- Hiking & Trekking, High Mountains, Via Ferrata, Walking
7.2 Climbing- Sport Climbing, Rock Climbing, Alpine Climbing, Ice Climbing, Via Ferrata, Mixed Climbing
7.3 Cycling- Mountain Biking, Road Cycling
7.4 Caves- Solution, Sea, Eolian, Glacier Caves and Lava tubes
7.5 Winter- Ski Touring, Winter Hiking & Trekking, Winter Alpine Climbing, Ice Climbing, Winter Mixed Climbing
7.6 Water- Rafting, Canoeing, Kayaking, Diving, Windsurfing, SPA-holydays, Sea Holidays, Cruises
7.7 Air- Paragliding, Sky Diving, Hang gliding, Parachuting
7.8 Wildlife- Safari, Bird Watching, Fishing, Hunting,
7.9 Cultural- City Tours, Natural Phenomenons, Historical Trips, Religious Tours, Wine Tours, Gourmet Trips, SPA-holydays, Sea Holidays, Cruises, Round Trips Expeditions
8. Difficulty & Fitness Level. The services referred to in the preceding Article 7 shall be characterized by varying degrees of difficulty, and shall require a certain degree of prior training and user skills, which shall be classified on the following two scales:
8.1 Difficulty Level – degree of difficulty of the elements of the offered packages and tourist services on a scale from 1 to 10. Details here.
8.2 Fitness Level – degree of physical condition and specific preliminary preparation of the user on a scale from 1 to 10. Details here.
9. Specific equipment - some of the offered tourist packages and tourist services are carried out with the help of specific equipment, the responsibility for the procurement of which the users have. The tour operator is obliged to make a detailed description of the necessary equipment in the offer.
10. Offer – published on the website www.the-trips.com a combination of basic and additional tourist services, formed in packages and / or related tourist services, with indicated: price and included in the price, minimum number of participants for the trip, duration, start date, conditions and method of reservation, cancellation of travel, etc.
10.1 Travel offers published on the website www.the-trips.com are considered to be an individually made offer for travel services, a package or related travel services to an indeterminate number of people and specifically to the consumer. Proposals for amendment and/or termination of a Contract shall also be considered as such.
10.2 The offers published on the www.the-trips.com website contain all basic information about the package and/or related travel services and the essential elements of the trip: the price, the date of departure and arrival, the duration of the stay, the itinerary of the trip, the type of transport used, the location, the type and category of accommodation, the specific requirements of the User accepted by the tour operator, as well as the minimum number of participants to organize the trip.
10.3 The offers published on the website www.the-trips.com contain information about the degree of difficulty and requirements for the physical condition and the specific skills of the users, typical and necessary for the offered program.
10.4 Minimum number of participants for organizing the trip – a previously announced number of participants in each offer, which, if not achieved, entitles the tour operator to cancel the trip and return the amounts paid without compensation.
10.5 The Tour Operator is responsible for the performance of the travel services included in the package travel contract, regardless of whether these services are performed by it or by other travel service providers with whom it is negotiated.
11. Registration - creating a user's profile on the website www.the-trips.com through which the user can make a reservation and purchase of tourist services under these GTC.
12. Reservation – an electronic application through the user's profile for the use of tourist services and consent to the offer, which is made by filling in the relevant reservation form in the interface of the www.the-trips.com website, ending with payment – deposit or the full amount.
13. Payments – all payments for the tourist services requested by the consumer (deposit or the full amount) are made only by bank transfer with debit or credit cards of the consumer or a bank transfer order. Refunds to the consumer in case of refusal or cancellation of a trip are also made by bank transfer.
14. Contract – a written agreement between the consumer and the tour operator, concluded electronically and in electronic form prior to the trip. The date of conclusion of the contract is the date on which the user made his reservation.
15. Essential clauses of the package travel contract are: the price, the date of departure and arrival, the duration of the stay, the route of the trip, the type of transport used, the location, the type and category of accommodation, the specific requirements of the User accepted by the tour operator, as well as other conditions included in the contract.
16. Electronic message – any e-mail message that the user and the tour operator exchange at e-mails specified by them.
17. Early booking – promotion of an offer, when booking an advance payment is required by a previously announced deadline. The announced dates for early bookings can be changed or the promotion can be terminated before the specified period of validity, in case of exhaustion of the earlier bookings provided for sale.
18. Refusal of travel – the user has the right at any time to cancel the trip by notifying the tour operator thereof by e-mail. In this case, the tour operator shall refund to the user the amount paid, deducting fees and penalties in accordance with these General Terms and Conditions.
19. Non-refundable fare - is the tariff that immediately confirms the reservation.
The non-refundable tariff, when available, must be announced next to the price in the offer. This information is also visible when filling in the reservation form. In case of cancellation of a reservation with a non-refundable tariff, the charged fee is 100%. Refunds and exchanges for reserved services with a non-refundable tariff are not possible. Changes or corrections after finalizing the reservation are not possible.
20. Charged fees – amounts or percentage of amounts that the tour operator retains in case of refusal of travel or changes in the contract, under conditions, terms and amount specified in these General Terms and Conditions.
21. Penalties – amounts that the consumer owes to the tour operator to cover non-refundable costs in case of refusal of travel such as costs for visas, consular services, state fees, non-refundable tariffs, etc. The penalties shall be deducted by the tour operator from the amount to be reimbursed by the consumer in case of refusal and/or cancellation of a trip of a party to the contract.
22. Compensation – amounts owed by the tour operator to the consumer related to the full and quality provision of the services in the package and/or related services resulting from substantial changes in the packages, cancellation of packages, replacement of packages, etc., according to these General Terms and Conditions.
23. Irreconcilable and exceptional circumstances in accordance with the laws in force: circumstances beyond the control of the party invoking them and the consequences of which could not have been avoided even if all reasonable measures had been taken to prevent them.
24. Low-cost airline – provides for a fee transportation of passengers at relatively affordable prices for consumers. With this type of airlines, fares are non-refundable. In case of cancellation of a plane ticket by a low-cost airline, a penalty of 100% of the ticket price is charged.
25. Time limit. When booking airline tickets, the so-called "air tickets" are taken into account. "time limit" you see in the query. During the "time limit" it is necessary to make the payment for the reservation. In case no payment is received within the specified deadline, tickets are automatically cancelled.
26. Abbreviations used to indicate the type of meals for each night stay in accommodation establishments:
- RO – overnight stay;
- BB - bed with breakfast;
- HB – bed and breakfast and dinner included;
- FB – bed and breakfast including breakfast, lunch and dinner;
- All inclusive – bed and breakfast, lunch and dinner included, but also with bar consumption / incl. and local alcohol/ and other services depending on the place of accommodation;
- ULTRA All inclusive – bed and breakfast, lunch and dinner included, but also with bar consumption / incl. and local, and imported alcohol/ and other services depending on the place of accommodation.
II. Registration
27. The registration of a user on the website of tour operators is done by entering user data according to the registration form on the website.
28. The registration is considered to have been made by creating a user profile. By registering, the user declares that:
- accepts these General Terms and Conditions.
- that he is an adult natural person who uses his real identity at the registration and subsequent reservations and purchase of tourist services.
28.1 The User undertakes to notify the tour operator of any change in the data he has provided.
28.2 The Tour Operator shall not be liable if the User has filled in incorrect data at check-in or booking, which has led to the impossibility of performance or inaccurate performance of the agreed services, the issuance of documents with incorrect data or any other actions. In this case, the user is responsible for paying for the ordered services in full, as well as for the additional costs, damages and lost profits of the tour operator.
28.3 In case of doubt, the Tour Operator has the right to request additional information from the user about his identity and to refuse service when it is confirmed that the latter has not reached the age of majority or for another reason. In this case, the Tour Operator has no future obligations to the consumer and does not owe compensation to the latter.
28.4 The User undertakes not to provide his/her username and password to people who do not wish to make reservations on his/her behalf and at his/her expense. If the User provides them to a person, it is considered that he has authorized him to make reservations on his behalf and at his expense and undertakes to pay the tour operator the price of the services booked by such person.
III. Offers and their offerings
29. Offers are the tourist services published on the website of the Tour Operator, in the form of packages, individual tourist services and related tourist services.
30. Irrespective of whether the travel services are offered directly by the Tour Operator or by other traders, where they collectively meet the criteria for a package under the legal framework, the Tour Operator shall be equally responsible for their implementation.
31. The Tour Operator directly or through its agents provides preliminary information to the Users about the offers offered by it.
31.1 Information on offers for packages and tourist services is disseminated in the form of travel programs, holidays on the Tour Operator's website and/or through electronic newsletters, brochures, catalogues and other information materials in electronic and paper form.
31.2 In the event of differences between the same offer advertised and distributed in different forms, the one published on the website www.the-trips.com shall apply.
32. The Tour Operator is bound by the offered offers until the designated places for subscription are exhausted or until the occurrence of other conditions explicitly provided for in each offer. The Tour Operator may change the conditions in the offer exceptionally when the interests of the Users so require. The changes will be reflected on the Website and will be visible to all Users.
33. The Tour Operator provides the User with all tourist services reserved by him described as "included in the price", as "additional mandatory services", as well as the selected and paid by the consumer "additional optional services" and other paid tourist services and is responsible for their quality performance. Activities and tourist services outside the paid ones are not subject to the contract with the consumer.
34. The Tour Operator, through its employees and/or representatives, provides information, guidance or advice regarding travel documents, vaccines, clothing, luggage, special equipment and equipment, local customs, weather conditions, specific safety risks, physical challenges or local laws and regulations. To the extent provided for in the applicable legislation, the Tour Operator does not guarantee such information in terms of its completeness and/or accuracy and is not responsible for errors or omissions in it.
35. The User is fully responsible for assessing whether he meets the requirements for participation in his chosen excursion and whether he is physically prepared to participate in all activities related to the booked services.
35.1 Before departure, each User should consult with specialists (doctors, mountain guides, instructors in the relevant activities) about their health, physical fitness and possession of specific skills to participate in the selected excursion / trip.
35.2 The Tour Operator and its employees and/or representatives are not competent and do not provide medical advice.
36. Tourist services of 4th (and higher) level of difficulty may not be suitable for every user for various reasons - age, physical activity, physical and mental state, health, pregnant women after 8 weeks of gestation, preliminary preparation and availability of specific skills, and / or others.
36.1 On this basis, before the trip, the Tour Operator may at any time refuse the participation of the user in the trip by refunding the amount paid by the user, reduced by the relevant fees and penalties, under these GTC, without owing him compensation.
36.2 During the trip, on the grounds set out in Article 36 above, the Tour Operator may make substantial changes to the program for an individual user corresponding to its capabilities, and if this is impossible - terminate his participation in it without owing him compensation.
IV. Reservations
37. Reservations of tourist services are made only electronically (online) through the profile of the User on the e-mail reservations@the-trips.com. Reservations made through other means of communication, such as telephone, paper letters sent by mail, request for reservations through social networks such as Facebook, Twitter and others are not accepted.
37.1 The User chooses from among the offers published on the website of the Tour Operator www.the-trips.com and declares his desire to use the relevant tourist services at the parameters chosen by him in his favour and in favour of travellers designated by him, by filling in the relevant reservation form.
37.2 In the event that the seats under the offer of the Tour Operator at the time of booking are not exhausted, the User, at the e-mail address specified by him, receives from the post office of the tour operator reservations@the-trips.com confirmation of the reservation and a contract concluded.
37.3 Legal entities may make reservations for tourist services - packages, related tourist services and individual tourist services on the e-mail of the tour operator reservations@the-trips.com
38. Confirmation of reservation
38.1 The reservation is considered completed with a message for successful payment (deposit or the full amount).
38.2 After successfully completed reservation, the User receives a contract for a package and / or tourist service(s). The contract enters into force after confirmation by the Tour Operator sent to the e-mail that the amount paid has been received in the account of the Tour Operator (deposit or the full value of the package/service). The confirmation is an integral part of the contract and certifies its entry into force.
38.3 The date of entry into force of the contract is the date of sending by the Tour Operator an e-mail/notification confirming the payment received by the User.
38.4 If from the moment of making the reservation to the moment of receipt of the deposit on the accounts of the tour operator there are changes in the prices of the reserved services, he has the right to ask the User to pay the difference.
38.5 If from the moment of booking until the deposit on the accounts of the Tour Operator is received, the available seats are exhausted, the tour operator has the right to refuse the trip or provide information to the User about the possibilities of replacing the desired package or service with others.
36. Contract
36.1 The contract between the tour operator and the consumer includes:
- these General Terms and Conditions;
- the Tour Operator's offer, including the services in the package, and/or individual travel services and/or related travel services;
- the confirmation by email of the amount paid by the consumer (deposit or the total amount) received in the account of the Tour Operator;
- the documents for made/received payments – deposit and balance payment;
36.2 Additional agreements between the parties, made electronically, have the status of Annexes to the contract.
37. The parties to the contract agree:
37.1 The package travel contract, individual travel services or related services, together with all other accompanying communications/notifications and ancillary agreements to be exchanged by means of previously announced e-mails;
37.2 The documents under the preceding item 37.1 shall be considered as handwritten signed by the user and the legal representative of the Tour Operator.
38. The communication between the parties (the Consumer and the Tour Operator) in connection with new or already made reservations and signed contracts in the form of messages / notifications and additional agreements is carried out only through the e-mail provided by the user in his profile and the e-mail of the Tour Operator reservations@the-trips.com
39. The Tour Operator shall keep the correspondence under each contract only with the consumer who is a party to the relevant contract (Lead Traveller). Lead Traveller undertakes to promptly notify the accompanying persons (if any) who benefit from this contract of its content and any subsequent changes (if any).
40. The User – party to this contract (Lead Traveller) declares that he is authorized by the accompanying people to register them for the respective trip, to represent them before the Tour Operator, to receive and give information on their behalf and to agree to the processing of their personal data when necessary.
41. In the cases under the preceding paragraph, if the traveller is a minor, the User declares that he has received notarized consent of both parents / guardians that the minor has the right to leave the country and travel abroad.
42. Pets, regardless of type and size, are not allowed under the Tour Operator's programs.
V. PRICES AND PAYMENTS
42. The prices of the tourist services on the website are in euro.
43. The value of the contracted services is formed as the sum of:
- (1) the price of the package requested,
- (2) the price of the "additional mandatory services" (if any),
- (3) the cost of "additional elective services (if any) and
- (4) the price of individual services requested by the user.
44. Payments. At the time of booking, the User pays online part (deposit) or the full value of the requested tourist services under item (1), item (2), and item (3,) of the previous paragraph (43) depending on the terms and period of the reservation specified in these General Terms and Conditions. Otherwise, the interface of the website does not allow the reservation to be completed.
45. The rest of the payment on the reservation (balance payment) is made by bank transfer to the account of the Tour Operator, within the terms specified by the reservation form, the contract and these General Terms and Conditions. In case of non-fulfilment of this obligation in time, the contract is considered terminated due to the fault of the User, the services cancelled, the penalty fee is 100% of the amount paid by the specified period, and the tour operator has no financial obligations to the consumer.
46. If the reservation is made after the period of the balance payment (45), the consumer pays 100% the price of the package.
47. The amount of the deposit and the term of the final one is specified in the Offer for the respective service, in these GTC and is part of the Travel Package or other Travel Service Contract.
48. The deadlines for final payment of reservations, unless otherwise specified on the site, are as follows:
- For journeys in the Arctic, Antarctica and Oceania, regardless of the duration of the journey - 120 days before the start of the package
- For intercontinental journeys (defined in relation to Europe), regardless of the duration of the journey and the means of transport used- 90 days before the start of the package
- For trips with air transport included, regardless of the duration of the trip - 60 days before the start of the package
- For all other journeys (other than those specified in Groups above) depending on the duration of the journey
- at least 30 days before the start of the package - for trips lasting from 2 to 6 days;
- at least 14 days before the start of the package for trips of less than two days' duration
49. When registering in a period shorter than the days specified in the previous Article 28 - the full amount is paid at the time of booking. This also applies to changes and penalties on the reservation.
50. Other deadlines may be indicated in the interface of the tour operator's website. In this case, the time limits specified in the www.the-trips.com interface are valid. http://www.the-trips.com/
51. The balance payment is made by Bank transfer to the following account of the tour operator:
Account: " EVROKOMPAS " LTD
Bank: UniCredit Bulbank AD
IBAN: BG49UNCR70001522507696
BIC: UNCRBGSF
Reason for payment: Contract No ................................................................
(specify reservation/contract number)
Address of the Bank: sq. Sveta Nedelya №7, 1000, Sofia, Bulgaria
52. After making a balance payment within a reasonable time (2-7 days) before the start of the trip, the User receives a voucher for the paid services, respectively an event access code, a reservation form or other supporting document confirming various services on the reservation.
VII. Conditions for conducting tourist packages and services
53. When traveling, the User undertakes to provide the necessary personal documents prepared in accordance with the laws and visa regime of the visited country with the country that issued the identity document (passport or identity card) of the User.
Necessary documents for overseas travel:
53.1 For children under 18 travelling without one of their parents, notarized parental permission (declaration) from both parents for the child to leave the country is required.
53.2 Other documents, depending on the legislation of the country/countries and/or destination.
54. In the case of group travel, if the User does not present or presents an incorrectly completed declaration or other document, as a result of which he is not allowed to cross the border of the respective country, the Tour Operator does not delay the conduct of the program of the rest of the group and does not owe the User penalties for the trip not made.
55. The User undertakes to comply with the legal order of the country in which he travels, as well as to leave the countries included in the trip within legally authorized periods, otherwise, all consequences are at his expense and the Tour Operator is not responsible for the costs and formalities associated with his return.
56. The User who intends to travel and stay in countries with an increased risk of infectious diseases is obliged to undergo appropriate prophylaxis according to international medical requirements.
57. In organized group trips, the User undertakes to appear on time at the meeting points specified by the driver. All costs incurred by the User due to delay or non-appearance and subsequent dropping of the vehicle (bus, plane, ship, train) are entirely at his expense, regardless of the reason for the delay.
58. The Tour Operator undertakes to provide, in accordance with the terms of these GTC and the Contract with the User, the tourist services paid by the User, regardless of whether these services are performed by him or by other providers of tourist services.
58.1. The Tour Operator is not responsible for services that the User has purchased individually, when the service is not part of the package or related services for which the Tour Operator is responsible;
58.2. The Tour Operator shall not be liable for damages that the User has caused to third parties or belongings during the trip.
58.3. The Tour Operator is not responsible for non-implementation of the program when this is due to reasons that cannot be attributed to him. Including when sites from the program cannot be visited for reasons beyond the control of the Tour Operator.
59. The organizer shall, without undue delay, provide appropriate assistance to travellers in difficulty, in particular by:
- provide useful information to the traveller on health services, local authorities and the provision of consular assistance.
- assist the traveller in carrying out long-distance and/or international communications and in finding alternative tourist services.
- where the traveller's difficulty is caused intentionally or through negligence by the traveller, the Tour Operator may require the payment of a reasonable fee from the traveller for the assistance provided.
60. Insurance. In all cases, the User is obliged to have concluded insurance "Medical expenses in case of illness and accident" for the period of the trip.
60.1 At the request of the customer, the Tour Operator provides the conclusion of one, which is added to the package price for an additional fee, which depends on the age of the insured person.
60.2 The User is released from his obligation if he presents a valid policy for a long-term "Medical Expenses in Case of Illness and Accident", the period of validity of which also covers the period of the contract for the particular trip.
60.3 At the request of the User, the Tour Operator may insure him against other risks during the trip for an additional fee.
60.4 At the request of the Tour Operator, the User is obliged to insure himself against other risks. The user can insure himself alone or assign the service to the tour operator for an additional fee.
61. For trips to countries for which visas are required, the User is obliged to prepare the necessary identity documents, as well as all additional required documents / for vaccinations and tests, reservations, voucher, tickets, etc. /.
- The refusal of the relevant diplomatic service to issue a visa to the User, regardless of the reasons, is considered a refusal of travel due to the fault of the User.
- The issuance of visas for the respective country is within the competence only of the respective diplomatic service and is not within the competence of the Tour Operator.
62. Each User accompanying a minor(s) shall be jointly and severally liable for the conduct and condition of the person(s), and the Tour Operator and its employees and/or representatives shall expressly assume no responsibility for the care, control and/or supervision of the minor.
63. In the case of group conduct of Tourist Packages and Combined Packages, the Tour Operator reserves the right to cancel the trip of any User whose behaviour is such that it causes danger, stress, harm, anger among the other tourists in the group, has criminal acts during the trip or causes serious inconvenience to employees of the Tour Operator or its partners, or in any other way by its behaviour makes impossible the smooth running of the trip. in such a case, the Tour Operator shall not bear any responsibility for the termination of the trip of the guilty person.
64. Particular rules applicable to travel with a low-cost airline
64.1 The low-cost airline provides passenger transport at relatively affordable prices for a fee. In this type of airlines, the fares are non-refundable.
64.2 In case of cancellation of a plane ticket by a low-cost airline, a penalty of 100% of the ticket price is charged.
64.3 Time limit: When booking airline tickets, the so-called Time Limit is taken into account. "time limit" you see in the query. During the "time limit" it is necessary to make the payment for the reservation. In case no payment is received within the specified deadline, tickets are automatically cancelled.
65. Special rules for airline tickets:
65.1. Reservations for air tickets at a refundable fare must be paid within 3 days. No changes or corrections are made after finalizing the reservation.
65.2. Reserved airline tickets with a non-refundable fare must be paid within the specified "time limit" of the airline. This payment is reported within 1 day. If a User finds that the payment will not be credited to an account before the expiry of the "time limit", he must send a notification to the tour operator with an attached bank advice for an ordered transfer to the address payment@the-trips.com
65.3. Low-cost airline tickets are paid immediately after booking by credit card or credit line and actual payment within 3 days;
65.4. The amounts of reserved tickets from low-cost airlines are not refundable and the tour operator has no future obligations if the consumer does not take advantage of the already paid service a ticket booked by a low-cost airline.
66. Reservations for airline tickets at a non-refundable fare are also charter airlines and flights.
67. Airline tickets on charter flights are paid immediately after booking. A credit line is applied in the cases explicitly mentioned by the tour operator. The issuance of a flight document is possible only after immediate payment.
VIII. Amendments to the termination of the package travel contract
68. The rules of this Section shall apply only in the case of a Package Travel Contract and/or related travel services.
69. The consumer may, at any time before the start of the package, terminate the contract in accordance with the provisions of these General Terms and Conditions. These General Terms and Conditions specify the terms and conditions under which the consumer pays or does not pay a termination fee.
70. When, before the start of the package, the Tour Operator makes a significant change to any of the essential clauses of the contract, he is obliged to immediately notify the Consumer:
70.1. The essential clauses of the package travel contract are: the price, the date of departure and arrival, the duration of the stay, the route of the trip, the type of transport used, the location, the type and category of accommodation places, the specific requirements of the User accepted by the Tour Operator.
70.2. The replacement of accommodation establishments or catering establishments of the same or higher category or class shall not be considered a significant change of contract.
70.3. The change of the order of the visited tourist sites or the replacement of separate tourist sites with other, equivalent sites, shall not be considered a significant change of the contract.
71. In the event of a significant change in any of the essential clauses of the contract, the User has the right:
71.1. To accept the changes, which is certified by e-mail agreement with the changes made, including the price (where any). The expressed consent is considered an Annex to the contract;
71.2. To withdraw from the contract without owing penalty or compensation;
71.3. The User undertakes to notify the Tour Operator of his decision within 72 hours of receipt of the notification under the previous article, but no later than 72 hours before the start date of the trip.
71.4. If the User fails to notify the Tour Operator of its decision within the period under the preceding paragraph (73.1), the Tour Operator will consider that the proposed changes have been accepted and the User loses the right to withdraw from the contract without owing fees and penalties.
72. In the event that the consumer chooses to withdraw from the contract, he has the right:
- to accept another package of the same or higher quality, where the tour operator is able to offer one, or
- to accept a package of lower quality, in which case the tour operator (or travel agent, if such was involved in the transaction) is obliged to reimburse the User for the difference in price between the cancelled and the proposed trip, or
- transfer his rights under the package travel contract to a third party, not including those rights which are non-transferable – visas, certificates, etc., and those whose transfer requires the consent of persons other than the tour operator;
- to be reimbursed the amounts paid by him under the contract within 14 days from the date on which the tour operator has received the notification of withdrawal.
73. The tour operator is entitled to an increase in the price of the package only in the event of an increase in:
73.1. The cost of passenger transport, which is due to a change in the price of fuel or other sources of energy;
73.2. The amount of taxes or charges on travel services included in the contract imposed by a third party not directly involved in the implementation of the package, including tourist taxes, landing fees or charges for taking to or disembarking ports and airports;
73.3. The exchange rates applicable to the package.
74. The price increase must meet the following conditions:
74.1. The price increase must be economically justified and correspond to the amended costs;
74.2. The price shall be increased by as much as it has appreciated since the conclusion of the contract the cost of the service offered by the Tour Operator, without increasing the profit;
74.3. An increase in the price by more than 8% is considered a substantial modification of the contract;
74.4. The Tour Operator is obliged to notify the consumer about the increase at the latest 20 days before the start date of the package, the notification being by e-mail, through the User's profile on the website and to contain a justification for the increase, written in a clear and comprehensible manner.
74.5. The consumer has the right to request a corresponding price reduction if the values under the previous article have decreased.
75. The Tour Operator reserves the right to make changes to the start time and place of departure and the time of arrival when the traffic situation or the carrier's behaviour so require.
76. The Tour Operator may change the accommodation places agreed with the User if, for reasons beyond its control, the nights spent are impossible. The Tour Operator shall ensure that in such cases it engages accommodation establishments with equivalent or better conditions and location.
77. For organized group trips, the Tour Operator reserves the right to change the sequence of implementation of the elements of the programs, when this is necessary for their better operation.
78. The Tour Operator has the right to amend other non-essential clauses of the contract when the interests of the Users so require.
79. In the event that during the trip it becomes impossible to perform a significant part of the services, the Tour Operator shall take all appropriate measures to continue the trip without incurring additional costs for the User and shall compensate him only if there is a difference between the agreed and the services actually provided.
79.1. When it is not possible to take appropriate measures under the preceding sentence or they are not accepted by the User for a valid reason, the Tour Operator is obliged to:
- provide transport to the starting point of the trip or to another agreed place without incurring additional costs for the User, and
- compensate the User for the damages caused.
79.2. If the inability to continue the trip is due to the User, the Tour Operator has the obligations under this Article, but the costs are at the expense of the User.
80. If, at the request of the User, changes to the package travel contract or the conditions of the trip after its confirmation must be undertaken, he shall owe a fee for the additional costs incurred as a result of the change.
81. Within a reasonable time before the start of the package, but not less than 20 days before the date of departure, the Consumer shall be entitled to transfer the right to use the package travel to a third party other than that previously recorded.
81.1. In case there is such a desire, the User must declare it by an electronic statement in his Profile, or by a message in an appropriate way to the announced addresses and contact points of the Tour Operator or its Agents (if such were involved in the conclusion of the transaction).
81.2. The transfer takes place when there is a written consent of the third party sent by his personal e-mail. The Tour Operator shall notify the consumer and the substituting third parties about the change.
81.3. If the transfer costs additional costs, they must be paid by the User prior to the amendment of the Agreement.
81.4. The change may be refused if the other person does not meet the requirements for the trip or if his participation is contrary to legal provisions, morality or if the additional costs incurred as a result of the change are not paid.
82. All changes to the contract, including cancellation of the trip, shall be documented by e-mail through the user's profile or in another appropriate way.
IX. Cancelations and liability
83. If the User has paid a deposit but has not made the remaining payments within the deadlines specified in the contract, the package is considered cancelled due to the fault of the User and the Tour Operator has no financial obligations to him.
84. In the case of packages, the Tour Operator may cancel the trip if the required number of participants specified in the Contract or the offer has not been recruited or if the cancellation is due to force majeure / military actions, terrorist acts, strikes, epidemics, pandemics, disasters, etc. /
85. When the trip cannot be made due to the lack of sufficiently enrolled participants, the Tour Operator is obliged to notify the already enrolled users through the persons who have concluded the contract within the terms as follows:
- 20 days before the start of the package – in the case of trips lasting more than 6 days;
- 7 days before the start of the package - in the case of trips lasting two to 6 days;
- 48 hours before the start of the package – in the case of trips of less than two days' duration
86. In the cases under the preceding 2 articles, the Tour Operator is not responsible for the performance of the contract by returning to the User all amounts paid, excluding this part of them for the non-refundable costs / reservation fee, non-refundable deposits, paid insurance, fine for returned tickets, visa fees, etc. /.
87. The Tour Operator shall not be liable for non-performance or improper performance of a contract for a tourist package or other tourist service and shall not owe penalties if the reasons for this are due to:
87.1. The User, including non-appearance on his part and on the part of the persons traveling with him at a place and time specified for departure;
87.2. Actions of a third party unrelated to the performance of the contract, which cannot be foreseen or avoided;
87.3. Force majeure or event that cannot be foreseen or avoided by the Tour Operator and its contractors in good faith performance of their obligations. Force or event majeure is considered: delay at border checkpoints, complicated situation on the roads, including strikes by transport companies, airlines, ferry companies, etc., any kind of checks at border crossings conducted by the control bodies, taking time in excess of the foreseen, medical assistance to a tourist from an organized group and other exceptional circumstances. In these cases, the Tour Operator reserves the right to change the program and to act according to the specific situation, without owing penalties for this.
88. The liability of the Tour Operator for damages suffered by the User as a result of non-performance of the package travel contract is limited as follows:
88.1. The Tour Operator is not responsible for damages exceeding 3 times the value of the package, calculated for 1 tourist.
88.2. When the liability of the Tour Operator's contractors for damages caused by the non-performance or improper performance of services under the contract is limited by international contracts, the liability of the Tour Operator is limited in accordance with the provisions of these contracts;
88.3. The limitation of the Tour Operator's liability does not apply to personal injury or death suffered, as well as to non-performance due to intent or gross negligence.
89. In case of cancellation of the trip or termination of the contract due to the fault of the User, the Tour Operator shall refund the amount paid for the trip, deducting the withdrawal fees specified in these General Terms and Conditions, as part of the Package Travel Agreement. It is possible that the different services included in the package provide for different withdrawal fees and different deadlines, in which they are activated. In this case, in case of refusal, the User will owe a different amount depending on when he has given up on which services.
90. In the cases under the preceding article, the Tour Operator shall determine the conditions, terms and amounts of the fees, which shall be deducted as follows:
90.1 Taxi for travel in the Arctic, Antarctica and Oceania, regardless of the duration of the trip
- 120 days before the start of the package – free of charge
- 70-119 days before the start of the package – 50% of the deposited amount
- less than 69 days before the start of the package – 100% of the amount deposited
90.2 Charges for intercontinental journeys in relation to Europe, irrespective of the duration of the journey and the means of transport used:
- 90 days before the start of the package – free of charge
- 60-89 days before the start of the package – 50% of the deposited amount
- less than 59 days before the start of the package – 100% of the amount paid.
90.3 Charges for journeys involving air transport (excluding 68.1 and 68.2), irrespective of the duration of the journey
- 60 days before the start of the package – free of charge
- 30-59 days before the start of the package – 50% of the deposited amount
- less than 29 days before the start of the package - 100% of the amount deposited
90.4. Charges for trips without using air transport depending on the duration of the trip:
90.4.1 In the case of a package lasting more than 6 days
- in case of refusal 45 days before the start of the package - free of charge;
- in case of cancellation 30 days before the start of the package - a fee of 50% of the cost of the trip;
- in case of refusal 30 days before the start of the package - a fee of 100% of the cost of the trip;
90.4.2 For a package lasting from 2 to 6 days
- in case of refusal 30 days before the start of the package - free of charge;
- in case of refusal 21-29 days before the start of the package - a fee of 50% of the cost of the trip;
- in case of refusal 19 days before the start of the package - a fee of 100% of the cost of the trip;
90.4.3 In the case of a package with a duration of less than 2
- in case of refusal 14 days before the start of the package - free of charge;
- in case of refusal 7-13 days before the start of the package - the fee is 50% of the cost of the trip;
- in case of cancellation 6 days before the start of the package - a fee of 100% of the cost of the trip;
91. By concluding the package travel contract, the User declares that he is familiar with the possibility of concluding a travel cancellation insurance.
X. CLAIMS:
92. The tour operator shall be liable for the performance of the travel services included in the package travel contract, regardless of whether those services are performed by it or by other travel service providers.
93. The liability of the Tour Operator under Art. 90 and Art. 91 of the Tourism Act concerns only the performance of the contract for a package or a combined package and does not cover services purchased on the spot by travellers. For the latter - all complaints of tourists must be provided to the respective provider from whom the service was purchased.
94. All claims must be made by the tourist at the place of violation or without undue delay to the Tour Operator or his representative. The User shall draw up a protocol describing his complaints and they shall be submitted to the Tour Operator.
- In such cases, the Tour Operator is obliged to take all reasonable measures to establish and eliminate the discrepancy between the service provided by him and the agreed in the Package Travel Agreement.
95. In the event that the User is not satisfied, the Tour Operator provides him with the opportunity to seek compensation – through a claim in written or oral form within 14 days of the discovery of the discrepancy.
95.1. The User shall provide the Tour Operator or its agent with a written claim form (or oral, by written recording of the User's statement by an employee of the Tour Operator or its agent), the compiled statement of findings signed by a representative of the Tour Operator, a copy of the contract and other documents proving his claim on grounds and amount.
95.2. The claim may also be submitted through the user's profile on the website.
96. The tour operator undertakes to respond in writing within 30 calendar days after receiving the claim.
97. In case of liability of the Tour Operator for damages caused by the actions of his counterparty, the User is obliged to assist the Tour Operator in submitting the claims of the Tour Operator to the counterparty.
- In such cases, the compensations received by the User from the counterparty shall be deducted from what is due by the Tour Operator on this basis.
- This rule also applies to liability for repayment of amounts paid when the User has already received such from a counterparty of the Tour Operator as compensation for the unperformed service for which a refund of paid amounts is due.
98. The Tour Operator shall not be liable for damages to the User as a result of discrepancies between the package travel contract and the service provided if:
- has not been notified in a timely manner by the User;
- the discrepancy is remedied before any harm to the User occurs;
- the elimination of non-compliance was impossible;
- the remedying of the non-compliance entailed disproportionate costs, taking into account the extent of the non-compliance and the value of the tourist services concerned;
- when the lack of conformity is due to an action or inaction on the part of the User.
XI. Copyright and other intellectual property rights
99. All content of the website, including all published texts, images, photos, video materials, articles, program code, are protected by copyright. They belong to the Tour Operator and are protected by the Copyright and Related Rights Act. Copying and using them constitutes a gross violation of the rights of the Tour Operator and the imperative provisions of the Bulgarian legislation.
100. The user may not copy, store, process, publish, distribute in original or revised form, as well as use in any other way the texts, images or other parts of the content of the Website.
101. When creating an account on the Website, the User does not acquire any rights or licenses to the content of the Website, the products or brands of the Tour Operator or third parties.
102. The User has no right to access the program code of the Website and has no right to copy or modify it in any way. Any attempt by the User to access, copy or change the program code of the platform is considered a gross violation of these General Terms and Conditions and the rights of the Tour Operator.
103. In case of non-fulfilment of the above conditions, the Tour Operator has the right to immediately terminate the use of the Website by the User without notice, notice or compensation, as well as to claim compensation for all damages and lost profits from the User's actions.
104. The User undertakes to ensure the consent of all persons to whom he has granted access to his account to respect the copyright and other intellectual property rights of the Tour Operator.
105. The tour operator has the right to capture in photo and video footage the programs conducted by him.
105.1 By accepting these terms and conditions, the user declares that he agrees to be photographed and filmed during the programs conducted. All footage taken by the tour operator or its representatives has the exclusive copyright of the tour operator and has the right to use them indefinitely by publishing them for its own purposes on its website as well as in all social media accounts maintained by the latter on the Internet.
105.3 The User may refuse to be filmed during the programs conducted by the Tour Operator. For this purpose, it is necessary to notify the tour operator in writing before the start of the program.
106. The The-trips trademark and the domain www.the-trips.com are the property of the Tour Operator. The use of this trademark, domain or name, directly or indirectly (such as, but not limited to, through meta tags and other indexing or search techniques on the Internet) without the prior written permission of the Tour Operator is prohibited and punishable by law.
107. The prohibitions for infringement of the copyright and other intellectual property rights of the Tour Operator are valid for all third parties, regardless of whether they are registered on the Website and/or have an account, and in case of violation the Tour Operator is entitled to compensation for all damages and lost profits from the actions of third parties.
XII. Additional provisions
108. Contracts for packages and individual tourist services may be amended, supplemented or cancelled by additional written agreements between the parties or on the grounds provided for in these General Terms and Conditions (GTC) and the legislation in force.
109. The written form shall be deemed to have been complied with both traditional written forms and electronic forms provided for in these GTC and admissible by the legislation in force, including through the use of the Website Interface.
110. In case of a dispute between the parties, the Tour Operator undertakes to take measures for voluntary settlement of the dispute, including through opportunities for claims, signals, complaints, petitions and other addressed by the User to him. If the User is not satisfied with the claim, he may turn to the following institutions for alternative dispute resolution:
- General Conciliation Commission at the CPC, address: Sofia 1000, sq. Slaveykov № 4A, tel. 02/ 9330 517, e-mail: adr.sofia@kzp.bg
- The European Commission's electronic platform for online dispute resolution for consumer disputes, which is available at: http://ec.europa.eu/odr.
111. In the event that the parties cannot resolve a dispute between them out-of-court, the court will be authorized to rule.
112. Privacy policy of the TOUR OPERATOR and the use of the so-called. Cookies: Details here
These General Terms and Conditions are in force from 01.12.2022 and are valid until their explicit cancellation.
Manager – Sivko Pachev