1. Book a trip
Booking is possible via telephone, fax, or the internet. The reservation is valid after signing a contract of organized travel (COT) and an advance payment of:
1.1. Booking types:
1.2. The specifics of the trips in the various countries demand the preparation of general terms for each separate program. They define the concrete timelines and the formalities of procuring visas, providing vaccines etc. Those general terms are an integral part of the COT.
2. Prices and payment
2.1. Payment is made in Euro, via bank, to the account of Gabi Tour Ltd. at the RaiffeisenBank – Bulgaria
2.2. For organized travel (OT), the advance payment is made within the deadline mentioned in the COT, and the final payment not later than 5 working days prior to the date of the trip’s start, if something else is not the case.
2.3. For hotel accommodation, the advance payment is made within the deadline mentioned in the COT, and the final payment in cash or by credit card at the TOUR OPERATOR’s office on the day of the first night to be spent at the hotel, if something else is not the case.
2.4. Raising the price of OT is possible in the event that: prices of fuel have been raised, the travel fees have been altered, the currency exchange rates have changed since signing the contract etc.
3. Terms of making changes and cancelling a trip
3.1. Changes in the COT, requested by the USER, are made by the TOUR OPERATOR if they are possible to make.
3.2. Deadlines for cancelling:
3.2.1. With no penalty:
3.2.2. With penalty:
1. up to 40 days prior to the trip’s start, the amount of the deposit
2. between 40 and 15 days prior to the trip’s start, 50% of the amount of the overall package
3. less than 15 working days prior to the trip’s start, the total amount of the overall package
1. up to 10 working days prior to the first night to be spent at the hotel, the price for the first night
2. between 10 and 3 working days prior to the first night, 50% of the nights’ total price
3. less than 3 working days, the price for all the nights
3.3. If the TOUR OPERATOR makes a significant change in a basic clause of the COT, he is obliged to immediately inform the USER about it in a writing form.
3.4. The USER is obliged to inform the TOUR OPERATOR in a writing form about his decision regarding the changes made within 3 days of receiving the notice.
3.5. The acceptance of the changes is acknowledged with an additional agreement attached to the COT. Should the USER not accept them, the TOUR OPERATOR suggests an alternative organized trip or hotel accommodation, respectively subtracting from, adding to or giving back the balance of the overall price.
3.6. If the USER does not accept the suggestion, he may suspend the contract without owing damages or compensations, the TOUR OPERATOR restoring to him the whole sum already paid under the contract within 7 days of receiving the USER ‘s written cancellation. Changing the hotel or eating or amusement establishment for another in the same or higher category without changing the price or replacing the transport vehicle for another in the same or higher category or class are not deemed a significant change of the COT.
4. Rights and obligations of the TOUR OPERATOR
4.1. The TOUR OPERATOR undertakes to supply in compliance with the terms of this contract the tourist services paid for by the USER.
4.2. The TOUR OPERATOR has an insurance contract signed under Art. 42 of the Law of Tourism - “Tour Operator’s Responsibility” – with the Goupama Insurance Co., Sofia 1000. That insurance guarantees to the USER the supply of the pre-paid tourist services agreed on in the COT.
4.3. The TOUR OPERATOR may refer to cl. 3 in the event of changes and cancellations.
4.4. The TOUR OPERATOR may not fulfill the contract without bearing any responsibility if the USER fails to make a payment within the defined time limit. The fact of the payment made is verified with a copy of the respective document sent by fax or e-mail. If the USER has made an advance payment but not made a final payment within the set time limit to complete the trip’s overall price, the advance payment is not restored and the trip is considered cancelled because of the USER’s fault.
4.5. The TOUR OPERATOR has the right to cancel the tourist trip by informing in a writing form within 3 working days the USER of the grounds for the cancellation that have arisen if:
4.5.1. The minimum number of participants has not been reached, up to 40 days prior to the organized trip’s start.
4.5.2. If force majeure arises. In such cases the TOUR OPERATOR is not responsible for the non-fulfilment of the contract, restoring to the USER all paid sums bar the factually made costs which are verified with documents duly drawn up.
5. Rights and obligations of the USER
5.1. The USER undertakes to pay in full and within the time limits established in the contract for the tourist services.
5.2. He undertakes to secure the necessary personal papers (a valid passport, powers of attorney, visas etc.) drawn up in compliance with the country’s laws that he comes from, and the laws of the Republic of Bulgaria.
5.3. If the USER has not reached 18 years of age but wishes to travel, he must submit a declaration certified by notary by both parents to the effect that they agree for him to leave Bulgaria on the date fixed (if the person is traveling with one of the parents, he should have the consent certified by notary of the other parent). In case this is not complied with or because of a faulty declaration the USER is not allowed to cross the border of the respective country, then the TOUR OPERATOR does not delay the execution of the travel program of the rest of the group and does not owe any damages to the USER for the trip not made.
5.4. He undertakes to keep the laws of the Republic of Bulgaria and is personally responsible for his deeds.
5.5. In the event of accidents and damage done to hotels, vehicles or third parties provoked by the USER, he is obliged to make good the damage done and ascertained, there and then.
5.6. When the USER comes from a country with a high risk of contagious diseases, he is obliged to undergo the respective prophylactics as per international medical requirements.
5.7. If during his stay in Bulgaria the USER loses his personal papers, he is obliged to inform the TOUR OPERATOR about it and also the closest embassy of his country. In that case the TOUR OPERATOR undertakes to assist and aid him, but all the connected costs are at the USER’s expense.
5.8. The USER may, not later than 10 working days prior to the OT’s starting date, transfer his rights and obligations under the COT to a third party, undertaking to pay to the TOUR OPERATOR all due sums for that change. In that case the USER is jointly responsible, with the third party, to the TOUR OPERATOR for paying the trip’s overall price and for fulfilling his obligations under the contract. The third party declares in respect of the contract that he accepts the transfer and wholly agrees with the contract’s terms and its addenda an also that he was informed about the trip prior to his acceptance of said transfer.
5.9. The USER may make changes or cancellations under cl. 3 of the General terms.
6. Responsibility of the parties to the COT
6.1. The TOUR OPERATOR is not responsible to the USER in the event of cancellation, delay or change of the terms and conditions of OT that are not in the TOUR OPERATOR’s control, namely:
6.1.1. Delay of flights due to technical or meteorological reasons.
6.1.2. Acts of God (natural disasters, strikes etc.).
6.1.3. Cancellation or suspension of the trip for personal reasons by the USER.
6.1.4. Loss of or damage to luggage during the trip.
6.1.5. Refusal by the competent authorities to issue a visa to the USER.
6.1.6. The customs and border authorities not allowing the USER to enter Bulgaria due to the lack of documents duly drawn up or for other reasons.
6.1.7. Actions by a third party not bound by the contract and which cannot be foreseen or prevented.
6.1.8. Uncontrollable force or event that cannot be foreseen or prevented by the TOUR OPERATOR and his subcontractors while diligently fulfilling their duties.
6.2. In the events of cl. 6.1.7. and 6.1.8. the TOUR OPERATOR is obliged to immediately assist the USER.
6.3. The TOUR OPERATOR’s responsibility in all cases for imprecise or incomplete execution of the travel program cannot be greater than the package’s overall price. When the responsibility of the tourist agents or the TOUR OPERATOR’s other subcontractors for damages caused by the non-fulfillment or the faulty fulfillment of the services under the contract is limited by international contracts ratified and published in the State Gazette and in force in the Republic of Bulgaria, so is the TOUR OPERATOR’s responsibility falls within those limits.
7. Disputes and claims
7.1. If during the trip facts of non-fulfillment or faulty fulfillment of the contract’s terms are ascertained, the USER is obliged immediately, solely in writing, to inform the TOUR OPERATOR in view of the timely taking of measures that would satisfy all parties concerned.
7.2. If the USER’s claims regarding the quality of the service provided cannot be satisfied while the service is being provided, the USER may submit to the TOUR OPERATOR a claim duly drawn up in writing, not later than 5 working days after the trip’s last date.
7.3. If the USER has not submitted his claim in the aforementioned manner, his pretensions shall not be accepted or reviewed by the TOUR OPERATOR.
7.4. The TOUR OPERATOR is obliged within 30 days of receiving the claim to submit his written stand on it to the USER.
8. Changes, procedure for altering and suspending the Contract
8.1. The present contract was drawn up in compliance with the Law of Tourism and the Bulgarian legislation.
8.2. The TOUR OPERATOR is bound by the data in writing and cannot alter it except when:
8.2.1. The possibility has been expressly foreseen of making changes in it and the USER has been advised of them prior to signing the COT.
8.2.2. The changes have been made as a result of the parties’ agreement thereof.
8.3. All alterations and additions made in writing by the parties are deemed an integral part of the contract.
8.4. Any agreements to alter or notice about cancelling the contract are made in writing.
8.5. When the contract is altered, the parties’ obligations are kept unchanged.
8.6. When the contract is cancelled, the parties’ obligations are cancelled after settling the financial relations.
8.7. All disputes in connection with the contract are to be settled via negotiations, and if that proves impossible, in compliance with the legislation of the Republic of Bulgaria.