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GENERAL TERMS FOR THE PROVISION OF ORGANIZED TOURIST TRAVEL by FABULOUS BULGARIA LTD
These general terms are effective from 01.01.2025 and remain valid until explicitly revoked.
I. ORGANIZER OF TOURIST TOURS AND EXPERIENCES
1. Fabulous Bulgaria Ltd
The owner and organizer of tourist tours with a price for group travel, officially published on the website www.fabulousbulgaria.com, is the company “Fabulous Bulgaria” Ltd, holding:
2. Contact information for the tour operator
3. Making payments to the tour operator: through the payment form on the website www.fabulousbulgaria.com or to the following bank account: D Bank, IBAN:BG20DEMI92401000326569, SWIFT: DEMIBGSF, Account holder: Fabulous Bulgaria Ltd
II. CONTRACT UNDER GENERAL TERMS
1. These general terms regulate the order and manner, as well as the general terms for concluding individual contracts for the provision of organized travel with a price for group travel.
2. The general terms are an integral part of the individual contract, which the tour operator signs with each consumer of the service.
3. For each reservation of a tourist package, an individual contract is concluded, provided by the Tour Operator to the consumer.
4. The parties to the individual contract are the Tour Operator and a natural person, identified by name and personal identification number.
A consumer is any person who concludes a contract for tourist travel organized by Fabulous Bulgaria Ltd.
5. In the individual contract, the parties agree on the following parameters:
a) The main characteristics of the specific tourist travel for which the reservation is made:
– Name of the tour, route, dates, accommodation places, and number of overnight stays;
– Type and characteristics of the means of transport;
– Meals provided;
– Visits to sites and other inclusions in the total price of the tourist package;
– The language in which communication will be conducted.
b) Name of the tour operator providing the service, headquarters and management address, phone number, and email.
c) The total price of the tourist package, indicated in euros, with a detailed list of all services included in the package price. The contract also describes all additional fees that may need to be paid by the consumer, indicated in their approximate amount, including entrance fees to tourist sites, lifts and other facilities, attractions, etc.
d) Terms and deadlines for payment.
6. In case different parameters apply to the specific organized travel than those described in these terms, relating to:
– The minimum number of participants required for the tourist package to take place, and the final deadline specified in Art. 89, para. 7, item 1 of the Tourism Law for possible termination of the contract before the tourist package takes place, in case the minimum number of participants is not reached;
– The possibility for the traveler to terminate the contract at any time before the start of the tourist package, after paying the corresponding termination costs, or when applicable – the standard termination costs required by the tour operator, according to Art. 89, para. 1-4 of the Tourism Law;
– Information on the conditions for concluding a voluntary insurance contract to cover the costs of terminating the tourist package contract by the traveler;
– Information on the conditions for concluding a voluntary or mandatory insurance contract to cover assistance costs, including repatriation of the traveler in case of accident, illness, or death, these parameters/conditions are described in accordance with the individual contract and take precedence over the clauses of these general terms.
III. CONCLUSION OF AN INDIVIDUAL CONTRACT AND ACCEPTANCE OF THE GENERAL TERMS
1. The consumer fills out a reservation form, which provides full and detailed access to these general terms through a hyperlink on the website.
2. After familiarizing themselves with these general terms, the consumer may accept them by checking the box “I am familiar with the general terms” and thereby confirm their reservation or may not accept them and terminate the reservation procedure. If the consumer checks the box “I agree with the general terms” and presses the “reserve” button, it is considered that they have familiarized themselves with the general terms and accept them as an integral part of the individual contract, after which the system will allow them to proceed to the payment form.
3. The Tour Operator receives an electronic reservation request after the consumer has accepted the general terms by checking the corresponding box and confirmed their intention to reserve a place in the organized travel by pressing the “reserve” button.
4. After receiving the request, the Tour Operator prepares an individual contract for each separate organized tourist travel. The contract is signed by a representative of the Tour Operator and sent electronically to the consumer.
5. If the consumer agrees with the text and terms of the individual contract, they may sign it remotely by performing conclusive actions such as making a payment via bank card online or to the specified bank account, indicating the contract number as the payment reference. The payment may be made personally by the consumer or by any natural or legal person on behalf of the consumer, provided that the individual contract number is indicated as the payment reference. The contract is considered signed by the parties from the date and time of receipt of the payment into the Tour Operator’s bank account.
IV. RESERVATION
Reservations and registrations for organized or individual tourist travel are accepted by Fabulous Bulgaria Ltd, according to the terms of the price offer and the travel program. Reservations are accepted only through the reservation form on the operator’s website – www.fabulousbulgaria.com. The reservation is considered made only after filling out and submitting the reservation form, and registration for the program – after receiving an individual contract for the tourist package electronically according to Art. 84 of the Tourism Law and after payment has been made.
V. ACCOMMODATION
1. Consumers are accommodated in hotels with 1, 2, 3, 4, or 5 stars (rooms with 1, 2, 3, or 4 beds), apartment hotels with 1, 2, 3, 4, or 5 stars (rooms with 1, 2, 3, or 4 beds), hostels, mountain huts, villas, guesthouses, tents, yurts. For each proposed program, the type of accommodation, categorization (when possible), room type, and accommodation method are specified.
2. Accommodation of consumers is prioritized according to their wishes – couples, families, groups of friends, traveling together.
3. Check-in is after 14:00, and check-out is until 12:00. If possible, check-in may be earlier, and check-out, respectively, later.
4. Consumers are obliged to comply with the rules and internal regulations of the accommodation places.
5. Consumers must respect local customs, way of life, and behavior rules. The Tour Operator reserves the right to refuse to provide services during the trip in case of non-compliance with the rules.
6. The Tour Operator is not obliged to provide an explanation or compensation for cancellation if the event causing the cancellation is documented with a protocol signed by on-site officials or tourists.
7. When departing on a tourist program to the city or place where overnight stay is planned, late tourists are not waited for, and unconsumed services are not refunded to them.
8. When using a mini-bar, phone, paid channel, or any other paid services not included in the package price, these services are at the consumer’s expense, and they are obliged to pay for them according to the price lists of the accommodation places.
9. In case of damage to property owned by the respective accommodation place, payment is due from the person/persons who caused the damage, respectively accommodated in the room where the damage occurred.
10. Drinks are paid additionally, unless explicitly stated that they are included in the price.
11. The Tour Operator is not responsible for the loss of valuables, money, and documents during the trip. Searching for forgotten/lost items is at the consumer’s expense.
VI. NECESSARY DOCUMENTS FOR TRAVEL
1. For tourists from the European Union – a valid ID card with a validity period of at least 6 months from the date of completion of the trip;
2. For tourists outside the European Union – a valid travel document with a validity period of at least 6 months from the date of completion of the trip;
3. For tourists from third countries – a visa with a validity period of at least 6 months from the date of completion of the trip.
4. In case of non-compliance with these conditions, the Tour Operator is not responsible, and all inconveniences and damages resulting from this are at the expense of the affected parties.
VII. INSURANCES
1. The Tour Operator provides all consumers with medical insurance with coverage of 2000 BGN. The insurance is valid during the trip in Bulgaria.
2. The medical insurance does not cover insurance events resulting from chronic diseases, any type of dental services, as well as health damage to the insured due to the use of alcohol and other intoxicants.
3. For programs involving entry into mountainous and hard-to-reach areas, consumers are insured with “Mountain Insurance,” which necessarily includes coverage for search and rescue expenses with a minimum coverage of 2000 BGN.
4. The Tour Operator provides the consumer with the original insurance policies on the day of departure.
5. At the consumer’s request, the Tour Operator may insure them against other risks during the trip for an additional fee, including offering the conclusion of “Travel Cancellation” insurance.
6. If the consumer wishes to be insured with higher coverage insurance, they must explicitly state this to the Tour Operator and pay the difference.
7. The Tour Operator has concluded an insurance contract under Art. 42 of the Tourism Law for mandatory “Tour Operator Liability” insurance. The current insurance policy, its coverage, and contacts with the insurer are listed in the “Documents” section of the Tour Operator’s website www.fabulousbulgaria.com.
VIII. LIABILITY AND COMPLAINTS
1. The Tour Operator is responsible for the performance and quality of all tourist services included in the offered program, regardless of whether these services are performed by them or by other providers of tourist services.
2. The Tour Operator is not responsible for services that complement the tourist program, are performed by third parties, and are described in special documents for their performance, transport services that are arranged with separate documents for their performance – plane tickets, bus tickets, train tickets, etc. In these cases, material and moral responsibility to the client lies with the specific service provider, and the relationship between the client and the provider is described in the specific documents.
3. The Tour Operator is not responsible for services outside the tourist travel, which are the subject of this contract, purchased or paid for by the consumer during the trip.
4. The Tour Operator is not responsible for delays due to circumstances beyond its control and force majeure events.
5. For programs involving entry into mountainous terrain, water areas, or hard-to-reach areas, the Tour Operator is not responsible and does not owe a refund of the paid amount for the tourist travel price in case of unsuccessful reaching of the final point, for example, a mountain peak, according to the program due to worsening weather conditions, poor physical condition of the consumer, or any other reason preventing the consumer or the entire group from reaching the final point according to the planned program.
IX. RIGHTS AND OBLIGATIONS OF THE PARTIES
The Tour Operator is obliged:
1. To provide a quality tourist product and service in accordance with the terms of the individual contract and these general terms.
2. The Tour Operator is responsible for the proper performance of all tourist services included in the tourist package and is obliged to assist the traveler in case they encounter difficulties.
3. During the execution of each program, to carry the originals of all insurance policies with which the consumers are insured during the specific trip. Upon request by the consumer, the Tour Operator is obliged to provide them with the original policy.
4. The Tour Operator is obliged to provide data and information about the local representative of the tour operator.
5. To inform the consumer when the minimum number of participants is not reached and therefore the reservation is canceled, no later than 30 days before the date of the tour.
The Tour Operator has the right:
1. To receive from the consumer remuneration for the provided tourist services in accordance with the terms of the individual contract and these general terms.
2. To terminate the contract without any liability if the consumer fails to make payments within the established deadlines and thus demonstrates bad faith in fulfilling their obligations.
3. To change the carrier with another carrier in case of reasons that make it impossible or impractical for the carrier specified in the contract to fulfill its obligations.
4. To change the departure time in case of objective reasons that require it, notifying the consumer in a timely manner.
5. To cancel the trip before its start when the necessary minimum number of participants for the trip to take place is not reached, of which the consumer is informed within the deadlines agreed in this contract. In this case, the Tour Operator is not responsible and does not owe compensation for material and non-material damages caused by non-performance of the contract.
6. When a program involves entry into mountainous terrain, water areas, or hard-to-reach areas, to cancel the experience in case of unfavorable weather forecast. In this case, the Tour Operator owes a full refund of the amounts paid by the participants within 3 working days from the date of cancellation of the program.
7. In case of a change in the weather conditions, when a program involves entry into mountainous terrain, water areas, or hard-to-reach areas, the Tour Operator, at its discretion, has the right to interrupt or modify the execution of the program after its start to preserve the safety, life, and health of the consumers participating in the program. In this case, the Tour Operator may decide to refund a reasonable part of the amounts paid by the participants. A reasonable part of the paid amounts is understood as the difference between the total amounts paid by the participants and the actual expenses incurred up to the moment of interruption of the program, such as transport expenses, insurances, permits, paid reservations for additional services and attractions, overnight stays, meals, guides’ fees, and other related and actually incurred expenses.
8. The Tour Operator reserves the right to partially modify the program and the order of conducting additional excursions, mentioned hotels, dining establishments, or other activities with equivalent ones. The deadline for such a modification is influenced by the circumstances under which it arose. Such a modification is not considered significant under the terms of the contract, and the consumer has no right to refuse the trip for this reason. In case of refusal, the Tour Operator does not owe and does not refund the amounts paid by the consumer.
The consumer is obliged:
1. To thoroughly familiarize themselves with the offer for the travel program, the general terms, and confirm their acceptance, as well as to familiarize themselves with the individual contract for organized tourist travel, where the total package price is mentioned.
2. To provide accurate data necessary for the preparation of the individual contract and the conclusion of medical insurance.
3. To notify the Tour Operator of any changes in personal data that have occurred after signing the individual contract. The Tour Operator is not responsible for consequences arising from the provision of inaccurate data by the consumer.
4. To pay in full and within the deadlines established in the individual contract and these general terms the value of the tourist services offered by the Tour Operator.
5. In case of increased risk of infectious diseases, or upon special request of the sanitary authorities, to personally undertake the corresponding prophylaxis and vaccination in the respective health institutions at their own expense. To be thoroughly informed and with the assistance of the Tour Operator for useful information, with the latter not being responsible if the consumer does not take these obligations seriously and does not obtain the necessary vaccination certificates or other hygienic-sanitary documents.
6. In cases where a program involves entry into mountainous terrain, water areas, and hard-to-reach areas, the consumer is obliged to follow all instructions of the Tour Operator for safe movement and under no circumstances to leave the group.
7. In case of non-fulfillment of the obligations described in para. 3, the Tour Operator is not responsible for the consequences that may or have arisen for the consumer due to their dishonest behavior.
The consumer has the right:
1. To receive full and quality information about all tourist services described in the individual contract and these general terms.
2. To transfer their rights and obligations under the contract to a third party that meets all the requirements for the realization of the trip, having previously notified the Tour Operator. In this case, the deadlines for written notification of the Tour Operator are up to 10 days before the execution of the program.
3. When the Tour Operator makes a significant change to any of the essential clauses of the individual contract, the consumer has the right:
– To accept the changes, which is confirmed by an additional written agreement (annex) to the individual contract, or
– To refuse the contract without owing penalties or compensation.
4. The consumer notifies the Tour Operator of their decision under the above paragraph within 3 (three) days of receiving the notification, but no later than the start date of the trip.
X. PRICES, DEADLINES, AND PAYMENT METHOD
1. The prices are package prices, according to the programs offered by the Tour Operator. For each program, the services included in the package price are exhaustively listed. The prices of all trips in the country are announced in euros.
All services such as plane tickets, entrances and tickets for tourist attractions, meals, drinks, transfers, and others that are not listed as included in the package price should be understood as not included in the price. When possible, the approximate value of these services is mentioned by the Tour Operator against each of them.
2. An increase in price is possible in case of an increase in fuel prices, changes in fees, and other trip-related costs arising after the acceptance of the contract. Such price changes are announced by the Tour Operator to the consumer in writing at least 30 days before the trip date.
3. Payment is made through the payment form or by bank transfer to the bank account specified in the individual contract of the Tour Operator.
4. Payment for reservations is one-time. The payment must be received by the Tour Operator no later than 30 days before the start of the program.
5. As a reference for the payment made, the consumer must indicate the number of the individual contract concluded between them and the Tour Operator.
6. The consumer’s reservation is confirmed, and the individual contract between the parties becomes legally binding from the moment the payment is received in the Tour Operator’s account. If the payment is received by the Tour Operator after the deadline described in this section, the Tour Operator has the right to cancel the contract and, in this case, is obliged to immediately refund the payment made by the consumer.
7. The Tour Operator may offer individual or group discounts at its discretion. The price with the already reflected discount is recorded in the individual contract with the consumer and takes precedence over the generally valid and announced price in the Tour Operator’s offer.
XI. CANCELLATIONS AND PENALTIES
1. The consumer has the right to terminate the contract at any time. In case of refusal to travel and termination of the contract by the consumer, the Tour Operator retains the following penalties:
– Up to 60 days before the travel date – no penalties.
– From 59 to 30 days before the travel date – 20% of the total value.
– Less than 29 days before the travel date – 30% of the total value.
2. In case of cancellation of the trip due to illness, including during a pandemic, or any other personal issues related to the consumer, the provisions, deadlines for cancellation, and applicable penalties described in Art. XII above apply.
3. In case of bad weather conditions, deteriorating weather, or an unfavorable weather forecast in the mountains, the Tour Operator, for the safety of the consumers, has the right to postpone or cancel the planned experience in the program. In this case, the Tour Operator will refund the full amount paid by the consumer within 15 calendar days to the bank account specified by the consumer.
4. If the consumer terminates their trip or experience during its execution at their own will, all additional costs, including transportation, are at their expense. In this case, the consumer cannot claim a refund of any part of the value of the services described in the individual contract.
5. If the consumer fails to comply with the payment deadlines, the Tour Operator has the right to cancel the trip, retaining a penalty according to the deadlines and amounts described in Art. XII. If the trip is canceled by the consumer due to a pandemic, regardless of the specific reasons, the provisions, deadlines for cancellation, and applicable penalties described in Art. XII above apply.
XII. COMPLAINTS AND COMPENSATIONS
If during the trip or stay at the hotel, facts of non-fulfillment or inaccurate fulfillment of the terms of this contract are established, the consumer is obliged to immediately notify the Tour Operator orally or in writing in order to take timely measures that satisfy all interested parties.
All complaints must be submitted by the consumer at the place of the violation or without unreasonable delay to the Tour Operator or its representative. The consumer draws up a protocol describing the complaints, which is presented to the Tour Operator, with one copy left to the consumer.
The official who receives the complaint is obliged to sign it, explicitly indicating the date of signing. The received complaints are resolved on-site if possible. If the consumer does not submit a complaint in the manner described above, their claims will not be considered or honored after their return.
If the consumer’s claims related to the quality of the provided service cannot be resolved on-site, the consumer has the right to file a complaint with the Tour Operator within 7 days of their return, presenting a protocol or other document supporting the requested complaint, signed by the Tour Operator’s employee.
The Tour Operator is obliged to respond in writing within 15 calendar days of the complaint being filed.
In case of a dispute between the parties, the Tour Operator undertakes to take measures for voluntary settlement of the dispute, including through compensation options for the consumer. If the consumer is not satisfied with the complaint, they may turn to the following institutions for alternative dispute resolution:
– Commission for Consumer Protection, address: Sofia, PK1000, Slaveykov Sq. No. 4A, phone: 02 9330 517, email: adr.sofia@kzp.bg
– European Commission’s online platform for consumer dispute resolution, accessible at: www.ec.europa.eu/odr
XIII. GENERAL PROVISIONS AND VALIDITY OF THE CONTRACT
1. The contract is valid from the date of payment for the program into the Tour Operator’s bank account until the date of completion of the trip.
2. Either party may request a modification or termination of the contract in connection with existing changes in the circumstances and conditions under which it was concluded.
3. An agreement for modification or notification of termination of the contract is made only in writing between the parties by signing an additional annex to the contract.
4. Upon termination of the contract, the obligations of the parties cease after the settlement of financial relations.
5. For all matters not regulated in this contract, the provisions of the Tourism Law and Bulgarian legislation apply.