General Terms For Excursions And Vacations
Definitions of used terms:
Reservation – reservation of hotel accommodation;
User – any person, using the services of SERENITY GROUP BULGARIA Ltd. with the trade name SGB Travel, according to these terms;
Hotel – a place, providing accommodation according to Tourism Act in force on the territory of Republic of Bulgaria.
Reservations can be made by phone, email or internet platform, through travel agencies in the country that have a valid agency agreement with the TOUR OPERATOR or directly in the offices of the TOUR OPERATOR. The reservation is considered valid only after signing an organized travel contract /in person or electronically according to art. 82, paragraph 4 and paragraph 5 of the Tourism Act/ and making a deposit /by bank transfer or by credit/ debit card, etc./, the amount of which depends on the type and requirements of the program.
In case the USER travels alone and there is no possibility to combine with another tourist, the surcharge for a single room is mandatory.
2. Preliminary information
The information provided in the TOUR OPERATOR’s offices, by email or on its website is up-to-date and takes precedence over that which can be found in other sources (internet, advertising brochures, radio advertisements, etc.).
3. Required documents for the trip
3.1. The USER is obliged to monitor the validity of his personal documents with which he will travel in the country or abroad, as well as to prepare the necessary powers of attorney in case he is under 18 years old and travels abroad without accompanying his parents. Foreign citizens traveling under the TOUR OPERATOR’s programs are obliged to be informed in advance by the relevant competent authorities about the regime for their travel under the respective program and country.
3.2. The TOUR OPERATOR is not responsible in cases where the USER is refused to leave due to the expiration of the validity of personal documents, as well as in cases where the USER for one reason or another cannot provide them. In case the USER has entered the country with a vehicle, in order to leave it, he is obliged to leave the same in a customs parking lot, otherwise he may be denied leaving the country, for which the TOUR OPERATOR is not responsible.
3.3. For trips to countries where visas for Bulgarian citizens are required, the TOUR OPERATOR assists by providing all documents dependent on it (hotel reservation, medical insurance, reservation for plane/ bus tickets, voucher, etc.). At USER’s request, it is possible for the TOUR OPERATOR to prepare the necessary documents for applying for a visa to the relevant embassy and if possible to apply instead of the USER. For this purpose, the USER pays not only the respective visa fee of the embassy, but also the service fee determined by the TOUR OPERATOR, which may vary depending on the specific case. In this case, the USER is obliged to provide the TOUR OPERATOR with the additional documents required by the embassy, as well as to pay the relevant fees and, if necessary, to appear in a personal interview. Failure to attend the personal interview or refusal to provide certain documents, as well as refusal to pay the relevant fees to the embassy, are considered a refusal to travel due to USER’s fault.
3.4. The issuance of a visa for the respective country is the sole responsibility of the respective Embassy or Consulate and the TOUR OPERATOR does not guarantee for receiving it. In case of refusal by the embassy to issue the respective visa, all expenses incurred by the USER for issuing a visa, including the fee of the TOUR OPERATOR are not reimbursed to the USER.
4. Prices, payments and way of payment
4.1. Prices are package, pre-announced and valid to a certain date, as for each program it is announced in advance what is exactly included, and everything that is not described as included should be considered as not included. Package prices do not include fuel tax and other variable components, which are announced in advance in the information given to the USER.
4.2. The deposit amount can vary from 30% to 50% of the total amount of the trip, as for reservations made on national holidays, New Year, Easter and others, it cannot be less than 50% of the total amount of the trip, unless another term is stated in the Contract for Organized Travel. The deposit is paid at the time of concluding the Contract for Organized Travel.
4.3. The final payment is made between 15 and 30 days before the date of trip, unless another term is stated in the Contract for Organized Travel. The final payment for reservations for Ney Year, Easter and other national holidays is made at least 30 days before the date of the trip. In case of making a reservation less than 30 days before the date of the trip, the full amount is paid upon concluding the Contract for Organized Travel.
4.4. The payment is made in BGN at the BNB exchange rate for the day. The payment can be made by debit/ credit card, by bank transfer to the TOUR OPERATOR’s account or in another way, as the USER is obliged to make sure that the TOUR OPERATOR has received the paid amount within the required by the respective program term.
4.5. Way of payment of the total price:
4.5.1. By bank transfer to one of the following accounts:
Company Bank Account:
Bank/Payment Institution: CENTRAL COOPERATIVE BANK (CCB) – Sofia, Serdika Mall Office to Madrid branch
Beneficiary: SERENITY GROUP BULGARIA Ltd.
Beneficiary’s Address: Bulgaria, Sofia 1505, Filip Stanislavov Str. № 8
4.5.2. Through an integrated online payment system on the TOUR OPERATOR’s website – Virtual POS terminal at the Central Cooperative Bank (CCB), with debit/ credit card;
4.5.3. Opportunity to generate and receive a link to the TOUR OPERATOR’s website for online payment – Virtual POS terminal at the Central Cooperative Bank (CCB), with debit / credit card;
It includes amount, reason and name, possibility to generate a link for online payment, which is sent to the USER by a TOUR OPERATOR’s employee.
4.5.4. Direct transfer through Revolut International Banking System.
Please keep the following in mind when making a direct transfer to Revolut International Banking System:
It usually takes a few seconds for the transfers to be reflected in our company account;
4.6. The agreed total price of the tourist trip can be changed in the following cases:
4.6.1. The TOUR OPERATOR can make changes in the trip’s value in the following cases: increase in the value of transport costs, including fuel, change in the amount of fees associated with the use of the contract such as fuel tax, port and airport taxes, customs and visa fees and others. The increase in the trip’s value must correspond to the change in the corresponding costs, the method of calculation is proportional to the increase in the value of those costs.
4.6.2. In case of change in the exchange rate related to the contract, by more than 5% in the period between its conclusion and the date of departure. (item 4.6.2. concerns only the cases in which the TOUR OPERATOR pays to his foreign counterparty in USD). The order and the way of recalculating the price in this case are: the price increases only with the real increase of the component, which influenced the change of the price, change of the exchange rate related to the contract, in the period between its conclusion and the date of departure.
4.6.3. The price of the trip cannot be changed except in the cases determined by the Tourism Act. The change in the initial price by more than 5 percent is considered a significant change in the contract and the TOUR OPERATOR is obliged to immediately notify the USER. The price cannot be increased less than 20 days before the start date of the trip.
4.7. Reservations made at prices for early bookings or other promotions are valid under the terms of the respective promotion and payment of the full amount of the trip in accordance with the terms of the respective promotion.
5. Rights and obligations of the parties
5.1. The TOUR OPERATOR undertakes:
5.1.1. To provide the USER with tourist services, which are subject of the Contract for Organized Travel and paid by the USER.
5.1.2. The deadline for notifying the USER that the minimum number of participants has not been recruited, due to which the trip is cancelled, is 10 (ten) days before the start date of the trip.
5.1.3. When the TOUR OPERATOR makes a significant change in any of the essential clauses of the contract, it is obligatory to notify the USER of his rights under Art. 89 of the Tourism Act.
5.1.4. To observe the rules for storage of personal data. Their provision to third parties is allowed only in cases where this is necessary to partners with whom the TOUR OPERATOR has an agreed relationship for the performance of services requested by the USER.
5.1.5. The TOUR OPERATOR is obliged to conclude an insurance contract under art. 97 of the Tourism Act and to publish a copy of the current insurance policy on its website www.SGB-Travel.com at the time of its entry into force. The insurer with whom the TOUR OPERATOR has concluded an insurance contract under Art. 97 of the Tourism Act – “Liability of the TOUR OPERATOR” with policy №03700100002527, valid until 13.01.2021 is issued by EUROINS INSURANCE GROUP AD, UIC: 121265113, registered office and address of management: Republic of Bulgaria, Sofia, 43 Hristofor Kolumb Blvd., Insurance Permit No. 8 / 15.06.1998, tel .: +35970017241, email: firstname.lastname@example.org
5.1.6. The TOUR OPERATOR provides the USER with the obligatory insurance “Medical expenses in case of illness and accident” for the trips abroad in accordance with the standard conditions of the insurance companies he represents. It provides in advance the general rules and conditions of the respective insurance company and original insurance policy before the trip (in person or electronically) in case the USER buys a package trip. In case the USER buys only hotel accommodation or other tourist service that is not part of a package trip, the TOUR OPERATOR provides him with the opportunity to take out the same insurance for an additional fee. Information about the concluded compulsory insurance “MEDICAL EXPENSES IN CASE OF DISEASE AND ACCIDENT OF TOURISTS” for trips outside the country contains in the insurance policy.
5.1.7. The TOUR OPERATOR also provides the USER with the opportunity to take out Travel Cancellation Insurance against the respective additional payment.
5.1.8. To notify the USER immediately in case of a significant change in some of the essential clauses of this Agreement no later than 10 days before the start date of the trip, as the USER undertakes to accept or reject the changes within 3 days after receipt of the notification. In case the USER refuses to accept the changes, the TOUR OPERATOR offers him another trip under adequate conditions, and the USER has the right to withdraw from the Agreement without paying penalties and compensation. The TOUR OPERATOR refunds the amount paid by the USER within 7 days from the receipt of the USER’s notification without the actual costs incurred (for visas, etc.). The change of the means of transport (airplane, bus, etc.), hotel or restaurant with another of the same, higher category, or class, without leading to a change in the price, is not considered a significant change in the Contract.
5.1.9. In case of force majeure, if the host company – co-contractor of the TOUR OPERATOR recognizes it as such, and it refunds to the TOUR OPERATOR the amounts paid for the respective tourist trip, after the actual receipt of the amounts on the TOUR OPERATOR’s accounts, he undertakes to refund them to the USER.
5.2. The TOUR OPERATOR has the right:
5.2.1. The TOUR OPERATOR reserves the right to change the carrier with another carrier in case of reasons that make it impossible or inappropriate for the carrier specified in the contract to fulfill its obligations, by notifying the USER within 24 hours before the date of departure.
5.2.2. The TOUR OPERATOR reserves the right to change the time of departure in case of change of the carrier or occurrence of other objective reasons requiring this, by notifying the USER in due time.
5.2.3. The TOUR OPERATOR reserves the right to change the USER’s places of accommodation in the vehicle in order to accommodate mothers with children, pregnant women, and elderly people and in the presence of other similar objective reasons.
5.2.4. The TOUR OPERATOR has the right to file a claim against its contractors in case of non-fulfillment of the obligations under the concluded contract between them.
5.3. The USER undertakes:
5.3.1. To provide the necessary valid personal documents for travelling in the country and abroad, drawn up in accordance with the laws of the visited country, as well as the relevant notarized permits for travelling outside the country if the passenger is under 18 and unaccompanied by both parents.
5.3.2. To pay the full value of the requested tourist services, in accordance with the terms specified in the Contract for Organized Travel and the current Terms and Conditions.
5.3.3. To comply with the laws of the country, to which he is travelling.
5.3.4. To pass the appropriate prophylaxis according to the international medical standards in case he travels to countries with increased risk of infectious diseases.
5.3.5. The USER confirms that he is an adult citizen and has reached the age of 18.
5.4. The USER has the right:
5.4.1. The USER has the right to transfer his rights and obligations under this contract to a third party, who meets all the requirements for the trip, only with the consent of the TOUR OPERATOR after notifying it in writing within 15 days before the date of trip.
5.4.2. In case the USER has not notified the TOUR OPERATOR within the term under item 5.4.1. that he transfers his rights and obligations under this Contract for Tourist Travel in favor of a third party, the reservation is considered canceled by the USER and he owes the TOUR OPERATOR the penalties in accordance with paragraph 7.2.3.
5.4.3. The USER who transfers his rights and obligations and the person, to whom he transfers the trip, are jointly liable to the TOUR OPERATOR for paying the total price under the contract and all costs related to the transfer. In this case, the third party declares that it agrees to accept the transfer and fully agrees with the terms of the contract and its annexes, as well as that it is aware of the travel information in advance.
Transferring cannot be made in the cases when the contractors of the TOUR OPERATOR (carriers – airlines, bus companies, etc.) do not allow change of name and transfer of these rights and obligations to a third party.
6. Responsibilities of the parties
6.1. In case the TOUR OPERATOR does not perform or performs incorrectly the services under this Agreement, he undertakes to compensate the USER for the appropriately proven damages.
6.2. When TOUR OPERATOR’s or contractors’ liability for damages, caused to the USER by the non-performance or incorrect performance of the services is limited by international agreements, the liability of the TOUR OPERATOR is within these limits.
6.3. In case of Over Booking /overcrowding of the hotel/ by the Hotelier and inability of the same to accommodate the USER in the pre-booked hotel, the USER will be offered an alternative hotel with the same category or higher, in the same resort and having the same amenities. In this case, the TOUR OPERATOR is not responsible for such actions by the partner /hotelier. In case the USER refuses the alternative offered to him on the spot, he has no right to claim a refund of any amounts from the TOUR OPERATOR. The responsibility for damages and lost profits in case the USER refuses accommodation is at the expense of the USER.
6.4. The TOUR OPERATOR is obliged to notify the USER about the requirements for the minimum number of tourists and the deadline for their recruitment under the respective program, having the right to cancel the trip if the required minimum number of participants is not within the pre-announced deadline or cancellation is due to force majeure. In this case, the TOUR OPERATOR is not responsible for non-performance of the Contract, returning to the USER the amounts paid by him without actual costs (for paid insurance, fines for returned tickets, visa fees, etc.), as these costs are certified by properly executed documents.
6.5. The TOUR OPERATOR is not responsible for non-performance or incorrect performance of the contract and does not owe penalties in cases when:
6.5.1. The reasons are due to the USER, including offenses or other non-compliance with the laws of a country, return by the Border Authorities, which the USER has provoked with guilty behaviour.
6.5.2. There are actions of a third party who is unrelated to the performance of the Contract.
6.5.3. If the USER is late due to his own fault, he does not appear at the appointed meeting during the implementation of the Contract for Organized Travel or does not visit the object chosen by him (hotel, villa, apartment, lodging, etc.).
6.5.4. Force majeure circumstances that TOUR OPERATOR and its contractors cannot foresee and avoid in good faith performance of their duties, force majeure (natural disasters, strikes, etc.).
6.5.5. Reimbursement of amounts for services the USER has not used, in whole or partially, due to TOUR OPERATOR’s fault, is made only after presenting a document issued by the TOUR OPERATOR or its agent, confirming the service (ticket, voucher, etc.), with applied corrections and denied services, certified by an authorized person.
6.5.6. The TOUR OPERATOR is not responsible in case of accident and damage to hotels, vehicles and third parties by the USER, the latter assumes responsibility and is obliged to reimburse the damage caused and established on the spot.
6.5.7. The TOUR OPERATOR has no responsibility and does not compensate the value of the services that the USER could have used, but has not taken advantage of them during his stay.
6.5.8. The TOUR OPERATOR has the right to request a penalty in case of changing the starting date of departure, the accommodation, the hotel or the requested initial destination due to USER’s fault.
7. Cancellations and cancellation terms
7.1. In case the USER refuses the trip and the termination of the Agreement, the TOUR OPERATOR deducts the following penalties, unless another term is stated in the Contract for Organized Travel:
The deadline in which the USER can withdraw from the contract (cancellation) without penalty is 60 days before the trip’s date, according to the terms of the specific program, if such is not due on offer. In case such is due for already issued air, ferry, bus, etc. tickets or visas, etc., which are part of the cost of the trip, then the tariffs and rules and conditions for cancellations of the respective provider are applied (airline, ferry company, Embassy, etc.).
7.2. In case of cancellation by the USER after the term under item 7.1. , he owes the TOUR OPERATOR a penalty in the amount of:
7.2.1. If canceled plane, ferry, bus tickets or other fees listed on the website of the TOUR OPERATOR – https://www.SGB-Travel.com or specifically prepared for the USER cancellation is from 59 to 30 days before the date of departure, the penalty is 30% of the total cost of the trip.
7.2.2. If the USER cancels from 29 to 15 days before the departure date, the penalty is 70% of the total cost of the trip.
7.2.3. If the USER cancels 15 days or less before the departure date, the penalty is 100% of the price of the trip.
7.2.4. In case of cancellation of trips for New Year, Easter or other national holidays, no penalty is due within 24 hours from the moment of registration. After 24 hours from the moment of booking for the respective trip up to 30 days before the date of the trip, the penalty is 70% of the value of the trip. Less than 30 days before the date of trip, the penalty is 100%.
7.2.5. In case of cancellation of the trip due to illness or other personal reasons related to the USER, he loses the amounts paid to the TOUR OPERATOR in accordance with the terms of cancellation, as well as in the amounts under items 7.2.1., 7.2.2. and 7.2.3. Respectively, the USER owes payment of these amounts, in case he has not paid them.
7.3. In case the border services refuse to allow the USER to enter the territory of the respective country, the TOUR OPERATOR is not responsible and does not owe a refund of the price paid for the tourist trip.
7.4. The USER declares with this contract that he buys the organized tourist trip provided by the TOUR OPERATOR without the purpose of resale.
7.5. The TOUR OPERATOR has the right to withdraw from an organized travel contract without liability in cases when the USER does not make payments within the specified period in the organized travel contract and the Terms and Conditions. Payments are certified by the relevant payment documents, including in the cases when the USER has made a deposit payment, but has not paid 100% in time. In this case, the USER is considered to have voluntarily given up the trip and his deposit is not refundable.
7.6. These cancellation terms are valid in cases when nothing else is explicitly mentioned in the additional appendix “Cancellation terms to this contract”. In the presence of such an application, the cancellation terms specified therein shall apply.
8. Disputes and complaints
8.1. The parties shall settle by mutual consent all disputes concerning the implementation of this Agreement. In case they cannot reach an agreement, the disputes shall be referred to the relevant competent Bulgarian court.
8.2. In case the USER establishes facts about the non-fulfillment or incorrect /incomplete fulfillment of the conditions of this Agreement during the trip, he is obliged to immediately and only in writing notify the on-site service provider and the TOUR OPERATOR, so that the appropriate measures should be taken in time to satisfy the both parties.
8.3. In case the USER’s claims related to the quality of the provided service cannot be satisfied on the spot, the USER has the right to file a duly filed complaint to the TOUR OPERATOR in writing form within 14 days of his return to the TOUR OPERATOR’s offices or electronically. In this case, the USER is obliged to provide a report-complaint, signed by the host travel company, the administration of the place, which provided the travel service and by itself. Without the presence of such a report-complaint, the USER cannot make any claims to the TOUR OPERATOR. After submitting the complaint, the TOUR OPERATOR is obliged to notify the USER of his opinion within 30 (thirty) days of its submission together with the report.
8.4. Any services out of the packages the TOUR OPERATOR has purchased and paid in the Republic of Bulgaria, which the travellers have purchased and paid on the spot, should be presented to the receiving tour operator and to the company that provided them. The TOUR OPERATOR is not responsible for such services and for complaints about such services.
8.5. In cases when the USER terminates the trip during its duration or the trip is terminated prematurely due to the USER’s fault (indecent behavior, non-compliance with local laws, etc.), he has no right to claim a refund of any amounts and he himself arranges his return to the starting point of his trip.
9. Processing of personal data
9.1. SERENITY GROUP BULGARIA Ltd. operates in accordance with the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and the Council from 27/04/2016, concerning the protection of personal data and on the free movement of such data.
9.2. SERENITY GROUP BULGARIA Ltd. is an administrator of personal data regarding the data of the USER, as a user of services. The personal data that are collected are name, surname, address, ID number when traveling abroad, contact phone, email address.
9.3. SERENITY GROUP BULGARIA Ltd. collects and processes the personal data of the USER in connection with:
9.3.1. Provision of tourist services.
9.3.2. Individualization of a party to the contract.
9.3.3. Information security protection.
9.3.4. Ensuring the implementation of the contract for the provision of tourist services.
9.3.5. Accounting purposes.
9.3.6. Statistical purposes.
9.3.7. Sending information messages about marketing services and contract requests.
9.3.8. Improving and individualizing the service by offering the USER suitable offers, articles, events, products and services that he may be interested in.
9.4. SERENITY GROUP BULGARIA Ltd. observes the following principles when processing the USER’s Personal Data:
9.4.1. Confidentiality of processing and ensuring an appropriate level of security of personal data.
9.4.2. Legality, good faith and transparency.
9.4.3. Minimize data collection.
9.4.4. Storage restriction in order to achieve the objectives.
9.5. SERENITY GROUP BULGARIA Ltd. stores personal data until the withdrawal of the USER’s consent for processing by sending an e-mail, or after the disappearance of the legal basis for data processing, after which SERENITY GROUP BULGARIA Ltd. is obliged to discontinue the processing USER’s personal data and delete them.
9.6. In connection with the processing of personal data, the USER has the right to request from SERENITY GROUP BULGARIA Ltd. deletion of related personal data, and SERENITY GROUP BULGARIA Ltd. has the obligation to delete them without undue delay, when there is any of the specified reasons on bottom:
9.6.1. Personal data are no longer needed for the purposes for which they were collected or processed.
9.6.2. In case the USER withdraws his consent, on which the data processing is based and there is no other legal reason for the processing.
9.6.3. The personal data of the USER have been illegally processed.
9.6.4. SERENITY GROUP BULGARIA Ltd. does not delete the data, which storage is obligatory, including protection in connection with court claims against it.
9.7. The USER has the right to get access and information in connection with the processing of his personal data.