GENERAL TERMS AND CONDITIONS OF EPIC TOURS LTD FOR PROVISION OF TOURIST SERVICES

Чл. 1. Services are provided by the TOUR OPERATOR based on an individual contract for the provision of tourist services, concluded in writing with the respective CONSUMER.

Чл. 2. The contract binds the parties only for the services explicitly described therein. All additional services not mentioned in the contract are subject to a separate agreement. The CONSUMER shall pay separately for them.

Чл. 3. For cases not regulated in the individual contract, the relevant provisions of the General Terms and Conditions shall apply. The General Terms and Conditions are an integral part of the individual contract between the TOUR OPERATOR and the CONSUMER, and are binding on them, unless expressly agreed otherwise in the individual contract.

Чл. 4. Reservations are accepted by phone or email.

Чл. 5. A reservation is considered valid after confirmation by the TOUR OPERATOR, signing of the Contract for Provision of Tourist Services and these General Terms and Conditions by the CONSUMER, as well as after payment of the full price of the service within 3 (three) days from the date of signing the contract between the TOUR OPERATOR and the CONSUMER.

Чл. 6. The TOUR OPERATOR is not liable for errors in the reservation arising from the fault of the client.

Чл. 7. (1) Payment is made in EURO, in cash or by bank transfer.

(2) The TOUR OPERATOR may accept payments via the Internet for some of the offered services, as well as online payments for agreed individual services that are not published as publicly available offers on the website. Accepted cards include Visa - credit and debit, MasterCard - credit and debit, and Borika. Transactions are carried out in Euro(€), regardless of the currency selected by the CONSUMER for price display. When the currency is different from Euro(€), the amount is converted to Euro(€) at the rate announced by the BNB for no more than one business day back.

(3) For online payments, the card data is protected by Borika's servers and the bank servicing the tour operator. "Epic Tours" Ltd does not receive the complete card information entered by the CONSUMER, but only information about the successful or unsuccessful status of the transaction.

(4) In all cases where a refund of amounts paid online is required, the refund is made through a reverse operation on the card with which the payment was made within 10 business days from the transaction.

Чл. 8. (1) The CONSUMER shall pay the price of tourist services agreed in the individual contract within 3 (three) days from the date of signing the contract.

Чл. 9. The TOUR OPERATOR has the right to announce promotional prices for early bookings or other promotions. Promotional offers are valid only for the periods and under the conditions announced. If the TOUR OPERATOR announces promotional prices after the conclusion of the respective Contract for the Provision of Tourist Services, they apply only to newly registered CONSUMERS, under the respective conditions and cannot be grounds for requests from the CONSUMER and/or other CONSUMERS under the contract for price reduction or basis for complaint.

Чл. 10. The CONSUMER has the right to receive from the TOUR OPERATOR the service in the manner, within the timeframes, and under the conditions described in the individual contract for the provision of tourist services, the Standard Form attached to it, and these General Terms and Conditions.

Чл. 11. The CONSUMER undertakes to pay in full and within the timeframes established in the Contract for the Provision of Tourist Services the value of the tourist services.

Чл. 12. The CONSUMER undertakes to comply with the Safety Instructions with which the TOUR OPERATOR familiarizes them in accordance with Article 24.

Чл. 13. The CONSUMER undertakes to comply with the laws of the country to which they are traveling.

Чл. 14. The CONSUMER who intends to travel and stay in countries with an increased risk of infectious diseases must undergo appropriate prevention in accordance with international medical requirements.

Чл. 15. The CONSUMER undertakes to provide the necessary personal documents with appropriate validity for travel outside the country - an identity card valid until the end date of the trip or an international passport valid for 6 months from the end date of the trip.

Чл. 16. The CONSUMER must strictly observe the announced departure times and appear in a condition and appearance that allows them to participate in the trip and does not cause inconvenience to other tourists and employees of the TOUR OPERATOR and its contractors. If additional costs arise for the tourist or the tour operator due to the stated reasons, they shall be borne entirely by the CONSUMER.

Чл. 17. The CONSUMER must provide written information about their health condition to the TOUR OPERATOR if they suffer from chronic or congenital diseases that may endanger their life during the trip. In case of an incident related to a chronic or congenital disease of the CONSUMER, for which the TOUR OPERATOR has not been notified in the described manner, the Tour Operator or its contractors are not liable.

Чл. 18. (1) The CONSUMER has the right to withdraw from the contract concluded with the TOUR OPERATOR at any time before the start of the provision of the tourist service.

(2) The withdrawal must be made in writing, addressed to the TOUR OPERATOR, and the CONSUMER shall pay the TOUR OPERATOR a penalty under the contract in the following amounts according to the period between the withdrawal and the start of execution under the contract:

For programs ABROAD, the TRAVELER owes a penalty as follows:

For programs in BULGARIA, the TRAVELER owes a penalty as follows:

Чл. 19. Non-payment of the contract price within the agreed timeframes is considered as withdrawal from the contract concluded with the TOUR OPERATOR by the CONSUMER with the consequences provided in the previous point 18, namely payment by the CONSUMER in favor of the TOUR OPERATOR of the penalties determined according to the same point 17.

Чл. 20. (1) The CONSUMER has the right to voluntarily terminate their trip during its duration.

(2) In the cases of the previous paragraph, all additional costs, including transportation, are at the expense of the CONSUMER. In this case, the CONSUMER has no right to make claims against the TOUR OPERATOR for the return of part of the value of the requested but unused services.

Чл. 21. (1) The CONSUMER has the right to terminate the individual contract for the provision of tourist services without owing a fee for this, in the event that unavoidable and extraordinary circumstances have occurred at the destination or in its immediate vicinity, which are significant for the execution of the contract or for transportation to the destination.

(2) In the cases of the previous paragraph, the CONSUMER has the right to be refunded the full amount paid so far, but not to claim additional compensation.

Чл.22. (1) The CONSUMER has the right to transfer the contract for the provision of tourist services concluded by them to another person who meets all the requirements of the concluded contract, after having given notice to the TOUR OPERATOR no later than 7 days before the start of execution of the tourist package.

(2) After the transfer is made, the person who transfers and the person to whom the contract is transferred are jointly and severally liable to the TOUR OPERATOR for payment of the remaining amount under the contract and all additional fees, charges, or other additional costs arising from the transfer. The third party must declare that they accept the transfer and that they are familiar with the terms of the contract.

(3) The TOUR OPERATOR informs the CONSUMER of the actual costs of the transfer. These costs cannot be unreasonably high and cannot exceed the actual costs incurred by the TOUR OPERATOR in connection with the transfer of the Contract for the Provision of Tourist Services.

(4) The TOUR OPERATOR provides the CONSUMER with evidence of the costs, fees, or other additional costs arising from the transfer of the Contract for the Provision of Tourist Services.

Чл. 23. The TOUR OPERATOR is obliged, before the conclusion of the Contract for the Provision of Tourist Services, to familiarize the CONSUMER with the main characteristics of the contract.

Чл. 24. Before providing the tourist service(s), the TOUR OPERATOR is obliged to familiarize the CONSUMER with the Safety Instructions.

Чл. 25. The TOUR OPERATOR is obliged to bring to the attention of the CONSUMER any change in the information provided before the conclusion of the contract regarding tourist services. Otherwise, the CONSUMER is considered not bound by the changes.

Чл. 26. The TOUR OPERATOR bears full responsibility for the performance and quality of all tourist services included in the contract for the provision of tourist services, in accordance with the Tourism Act.

Чл. 27. The TOUR OPERATOR is responsible for the performance of all services included in the Contract for the Provision of Tourist Services, whether they are performed by them or by another provider of tourist services.

Чл. 28. The TOUR OPERATOR is not responsible for the categorization of hotels offered in the offers, as they are categorized by the authorized bodies in the respective country.

Чл. 29. The TOUR OPERATOR is not responsible for changes in flight schedules or flight cancellations, but provides full assistance in resolving the case.

Чл. 30. (1) The TOUR OPERATOR has the right to terminate the contract for the provision of tourist services and refund to the CONSUMER all their payments made so far, after deduction of the respective costs incurred by them for termination of the contract, without owing additional compensation, when: The number of participants registered for a tourist package is less than the minimum number (depending on the announced program) specified in the contract and the TOUR OPERATOR has notified the CONSUMER of the termination of the contract no later than:

1. 20 days before the start of execution of the tourist package - in case of trips with a duration of more than 6 days;
2. 7 days before the start of execution of the tourist package - in case of trips with a duration of 2 to 6 days;
3. 48 hours before the start of execution of the tourist package - in case of trips with a duration of less than 2 days.

(2) Apart from the cases under paragraph 1 above, the TOUR OPERATOR has the right to terminate the contract for the provision of tourist services and refund to the CONSUMER all their payments made so far, after deduction of the respective costs incurred by them for termination of the contract, without owing additional compensation, when the TOUR OPERATOR is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and has notified the CONSUMER of the termination of the contract without undue delay before the start of execution of the tourist service.

Чл. 31. (1) The TOUR OPERATOR is obliged to provide without undue delay appropriate assistance to a CONSUMER in difficulty, including when due to unavoidable and extraordinary circumstances it is not possible to ensure the return of the CONSUMER by:

1. providing useful information about health services, local authorities, and the provision of consular assistance;
2. assisting the CONSUMER to establish intercity and/or international communications and find alternative tourist services.

(2) When the difficulty of the CONSUMER is caused intentionally or due to negligence by the CONSUMER themselves, the TOUR OPERATOR may require payment of a reasonable fee for the assistance provided, which does not exceed the actual costs incurred by them. The fee cannot exceed the actual costs incurred by the tour operator to provide assistance to the traveler.

Чл. 32. (1) When the Contract for the Provision of Tourist Services also includes passenger transportation, the TOUR OPERATOR ensures the return of the CONSUMER to the starting point of the trip with an equivalent type of transport without undue delay and without additional costs for the CONSUMER.

(2) When due to unavoidable and extraordinary circumstances it is not possible to ensure the return of the CONSUMER as provided in the contract, the TOUR OPERATOR covers the costs of accommodation for the CONSUMER in an equivalent category of accommodation for no more than 3 nights. The stated time limitation does not apply to persons with reduced mobility, as well as to their accompanying persons, pregnant women, unaccompanied minors, and persons requiring special medical assistance, provided that the TOUR OPERATOR has been notified of their specific needs at least 48 hours before the start of execution of the Contract for the Provision of Tourist Services.

Чл. 33. (1) The TOUR OPERATOR has the right to increase the agreed total price of the tourist service no later than 20 (twenty) days before the start date of the trip, by timely notifying the CONSUMER of this change in clear and understandable language in case of an increase in:

1. The price of passenger transportation, which is due to a change in the price of fuel or other energy sources;
2. An increase in the amount of taxes or fees on those included in the contract for the provision of tourist services, imposed by a third party not directly involved in the performance of tourist services, including tourist taxes, landing fees, or fees for embarkation to or disembarkation from ports and airports;
3. A change in the exchange rate applicable to the contract, after its conclusion, by more than 5%.

(2) A price change of less than 8% is considered insignificant and is not grounds for withdrawal from the trip by the CONSUMER.

(3) The CONSUMER has the right to a price reduction under the contract in case of a corresponding reduction in one and/or more of the cost items specified in Article 33, paragraph 1, points 1-3 of the General Terms and Conditions. In case of a price reduction, the TOUR OPERATOR has the right to deduct the administrative costs incurred by them from the amount to be refunded to the CONSUMER. Upon request, the TOUR OPERATOR provides the traveler with evidence of the administrative costs incurred.

(4) The increase or decrease in the contract price is made in relation to the increase/decrease in the cost items under Article 33, paragraph 1, points 1-3 of the General Terms and Conditions.

Чл. 34. The TOUR OPERATOR is obliged to inform in writing the CONSUMER of the change in the total price within 2 (two) days after the occurrence of the circumstances under Article 33, paragraph 1, but no later than 20 days before the start of the provision of the tourist service.

Чл. 35. If the CONSUMER has not received information before the conclusion of the contract about all fees, payments, and additional costs that may need to be paid by them in connection with the execution of the tourist package, they do not owe their payment.

Чл. 36. The TOUR OPERATOR reserves the right to change the specified hotels, dining or entertainment establishments with those of the same category and the same location, within 2 (two) days of the occurrence of circumstances requiring the change, but no later than 10 (ten) days before the provision of the tourist service. This change is considered insignificant and the CONSUMER has no right to withdraw from the trip for this reason. The TOUR OPERATOR notifies the CONSUMER of such a change.

Чл. 37. The TOUR OPERATOR reserves the right to change the carrier with another carrier, in the event of reasons that make it impossible or inappropriate for the carrier specified in the contract to fulfill its obligations, by timely notifying the CONSUMER thereof. This change is considered insignificant and is not grounds for withdrawal from the trip for this reason.

Чл. 38. The TOUR OPERATOR reserves the right to change the departure time in case of a change of carrier or the occurrence of other objective reasons that require this, by timely notifying the CONSUMER. This change is considered insignificant and is not grounds for withdrawal from the trip for this reason.

Чл. 39. The TOUR OPERATOR reserves the right to change the seating places of the CONSUMER in the means of transport, for the purpose of accommodating mothers with children, pregnant women, elderly people, and in the presence of other similar objective reasons. This change is considered insignificant and is not grounds for withdrawal from the trip for this reason.

Чл. 40. The TOUR OPERATOR reserves the right to change the days of the excursions and additional events announced in the program, if reasons have occurred that make it impossible to conduct them on the announced day, and it is necessary to timely notify the CONSUMER thereof. This change is considered insignificant and is not grounds for withdrawal from the trip for this reason.

Чл. 41. (1) In cases where, before the start of execution of the tourist package, the TOUR OPERATOR is forced to substantially change one of the main characteristics of the tourist services or cannot fulfill one of the specific requirements of the traveler, or proposes an increase in the price of the tourist package by more than 8 percent, the TOUR OPERATOR is obliged to notify the CONSUMER of these circumstances no later than 10 days before the start date of the trip.

(2) In the cases of the previous paragraph 1, the CONSUMER has the right to:

1. accept the proposed change within three days from receipt of the notice under the previous paragraph, and the TOUR OPERATOR and the CONSUMER sign a written amendment to the Contract for the Provision of Tourist Services OR
2. terminate the contract without paying a fee for this.

(3) If the CONSUMER does not notify the TOUR OPERATOR of their decision within three days, they are considered to agree with the changes.

Чл. 42. (1) If the CONSUMER terminates the Contract for the Provision of Tourist Services under the conditions of Article 41, paragraph 2, point 2 above, they have the right to conclude a Contract for the Provision of a Substitute Tourist Service of the same or higher quality, if the TOUR OPERATOR offers such.

(2) If the services offered in the Contract for the Provision of a Substitute Tourist Service are of lower quality or value, the CONSUMER has the right to a corresponding price reduction.

(3) The CONSUMER is not obliged to accept the changes made if the price reduction is insignificant or the tourist services offered in the substitute package are not comparable to what was originally agreed.

Чл. 43. When the contract for a tourist package is terminated in accordance with Article 41, paragraph 2, point 2 and the CONSUMER does not accept a substitute tourist package, the TOUR OPERATOR refunds all payments received from them or on their behalf within 14 days from the termination of the contract.

Чл. 44. The CONSUMER is obliged to inform the TOUR OPERATOR of any non-conformity in the provided tourist service included in the Contract for the Provision of Tourist Services.

Чл. 45. (1) When any of the tourist services does not comply with what is provided in the contract for the provision of tourist services, the TOUR OPERATOR is obliged to remedy the non-conformity, unless this is not possible or is associated with disproportionately high costs given the degree of non-conformity and the value of the affected tourist services.

(2) In the cases specified in Article 44 above, the CONSUMER undertakes to immediately notify the on-site service provider, as well as to immediately notify the TOUR OPERATOR via email or in writing, with a view to timely taking measures that satisfy all interested parties.

(3) If the CONSUMER's request is not satisfied on site, they have the right to file a complaint with the TOUR OPERATOR in writing, containing a detailed description of the facts and circumstances related to the non-performance, within 14 (fourteen) days from the completion of the provision of the tourist service subject to the contract for the provision of tourist services.

(4) The CONSUMER has the right to file the complaint in oral form, in which case the TOUR OPERATOR prepares and the CONSUMER signs a protocol for the filed complaint.

(5) The TOUR OPERATOR undertakes to take a position on the complaint within 30 (thirty) days from the date of its receipt.

(6) The TOUR OPERATOR leaves the complaint without consideration if within the period under paragraph 2 above (immediately after discovering the non-conformity) the CONSUMER has not notified the TOUR OPERATOR of the non-conformity of the service with what was agreed in the contract for the tourist package.

Чл. 46. (1) If the TOUR OPERATOR does not remedy the non-conformity, the CONSUMER, outside the hypotheses of Article 45, paragraph 1, has the right to compensation for damages and an appropriate price reduction for the time during which there was non-conformity of the provided services with the Contract for the Provision of Tourist Services, unless the TOUR OPERATOR proves that the lack of conformity is due to the CONSUMER.

(2) The liability of the TOUR OPERATOR in case of inaccurate performance of the contract is up to the amount of the difference between the price of the service agreed in the contract and the service actually provided.

(3) Alternatively, if the TOUR OPERATOR does not remedy the non-conformity within a reasonable period determined by the CONSUMER, the latter may do so themselves and request from the TOUR OPERATOR reimbursement of the necessary costs. The CONSUMER does not give a deadline when the TOUR OPERATOR refuses to remedy the non-conformity or in cases where it is necessary for the remedying of the non-conformity to be done immediately.

Чл. 47. The CONSUMER has the right to receive compensation for all material and non-material damages suffered from culpable non-performance of the tourist service as individualized in the Contract for the Provision of Tourist Services, except in cases where this is due to:

1. the CONSUMER;
2. actions of a third party not connected with the performance of the contract, which cannot be foreseen or avoided;
3. force majeure or an event that cannot be foreseen or avoided.

Чл. 48. The CONSUMER has the right to receive compensation equal to the deposit paid in case of complete non-performance of the contract by the TOUR OPERATOR and due to the fault of the latter.

Чл. 49. In cases where the liability of the TOUR OPERATOR's contractors for damages caused by non-performance of services is limited by international agreements ratified, published in the State Gazette, and entered into force for the Republic of Bulgaria, the liability of the TOUR OPERATOR is within these limitations.

Чл. 50. The statute of limitations for claiming the compensation specified above in this Section IX is two years.

Чл. 51. The TOUR OPERATOR is not liable, does not reimburse, and does not compensate the CONSUMER who has refused the consumption of individual services or has voluntarily deviated from the execution of the service and for this reason has missed certain services under the pre-agreed program in the contract for the provision of tourist services.

Чл. 52. The TOUR OPERATOR does not reimburse and does not compensate the CONSUMER for costs outside the tourist services agreed in the contract.

Чл. 53. The TOUR OPERATOR does not cover costs related to the consumption of food and drinks outside the standard meal plan specified in the contract.

Чл. 54. The TOUR OPERATOR is not responsible for the storage of personal luggage, money, valuables, documents, and others, including those left at the place of accommodation.

Чл. 55. The TOUR OPERATOR is not responsible for fines and other sanctions imposed on the CONSUMER by authorized persons in the host country for offenses committed by the CONSUMER.

Чл. 56. The CONSUMER has the right to be informed of the conditions for concluding a voluntary insurance contract to cover the costs of terminating the contract for the provision of tourist services.

Чл. 57. The CONSUMER has the right to receive information on the conditions for concluding a voluntary or mandatory insurance contract to cover the costs of assistance, including repatriation in case of accident, illness, or death.

Чл. 58. The TOUR OPERATOR declares that it has concluded an insurance contract under Article 97, paragraph 1 of the Tourism Act with IC "LEV INS" AD - management headquarters: Sofia region, Sofia municipality, Sofia, postal code 1700, Studentski district, "Simeonovsko Shose" Blvd. No. 67A, phone: 0 800 15 333. The insurance policy number is No. 13062210000365/21119506.

Чл. 59. The TOUR OPERATOR provides mandatory/voluntary medical insurance to the CONSUMER for travel outside the country under the standard conditions of IC "LEV INS" AD, providing the CONSUMER with an original insurance policy before the start of the trip. The essential elements of the concluded insurance for medical expenses in case of illness and accident of the tourist are:

1. For a paid insurance premium, the insurer concludes "Assistance During Travel Abroad" insurance and undertakes, upon the occurrence of an insured event covered under the terms of the concluded insurance policy, to compensate costs and amounts determined by type and up to the limits for the respective coverage.
2. The insurance is valid worldwide, excluding the territory of the Republic of Bulgaria and the country of permanent residence of the insured (if different from Bulgaria).
3. The insurance amount and the term of the insurance are specified in the respective insurance policy.
4. The conditions of the insurance are specified in the General Terms and Conditions of the insurer and the insurance policy.

Чл. 60. The insurance under Article 59 may not be concluded when the CONSUMER presents to the TOUR OPERATOR a valid policy for concluded long-term insurance "medical expenses in case of illness and accident of the tourist", whose validity period also covers the period of the contract for the specific trip.

Чл. 61. The TOUR OPERATOR offers the possibility of concluding "Trip Cancellation" insurance at a cost between 1.50% and 3.30% of the value of the tourist package, depending on the duration of the period until the start of the trip. The insurance is concluded within 5 days from the date of conclusion of the Travel Contract, purchase of a plane ticket, or hotel reservation.

Чл. 62. Each CONSUMER can conclude additional voluntary insurance to cover additional risks such as covering the costs of assistance, including repatriation of the CONSUMER in case of death and others.

Чл. 63. For children under 18 years of age traveling alone or with one of the parents, a notarized declaration from one/both parents is additionally required that they consent to their child traveling abroad, with the notary's phone number. The original declaration and 2 copies should be carried during the trip.

Чл. 64. The TOUR OPERATOR undertakes to provide information to the CONSUMER about the personal documents required during travel according to the legislation of the respective country in which a given excursion will take place.

Чл. 65. In case of refusal by border services to allow the CONSUMER to enter the territory of the respective country, the TOUR OPERATOR is not liable and does not owe a refund of the price paid for the tourist trip.

Чл. 66. For countries for which a visa is required, upon request from the CONSUMER, the TOUR OPERATOR provides the necessary documents required by the respective embassy - reservations, tickets, vouchers, insurance.

Чл. 67. The issuance of a visa for the respective country is solely within the competence of the consular service at the embassy and is not guaranteed by the TOUR OPERATOR.

Чл. 68. The TOUR OPERATOR is not liable and does not owe penalties or compensation, as well as refund of amounts under the contract, if the CONSUMER does not take part in the trip due to not having proper documents.

Чл. 69. The TOUR OPERATOR provides information about the medical and health requirements related to the trip and stay. The TOUR OPERATOR is not liable and does not owe compensation in case the TRAVELER has not fulfilled the respective health requirements and is not admitted to the territory of the respective country.

Чл. 70. (1) The CONSUMER hereby declares that they are familiar with the Privacy and Personal Data Protection Statement of "Epic Tours" Ltd.

(2) The CONSUMER declares that they are aware that the personal data provided by them in connection with this contract will be processed for the purposes of executing this contract.

(3) The CONSUMER declares that they are aware that their personal data may be provided to third parties, and that their personal data may be collected by third parties, for the purposes of executing this contract.

(4) The CONSUMER declares that they are aware of their rights relating to access, deletion, correction, portability, restriction of processing, objection to processing, and their right to file a complaint with the Commission for Personal Data Protection.

Чл. 71. The Contract for the Provision of Tourist Services is valid from the date of its signing.

Чл. 72. Each party has the right to request an amendment or to terminate the contract in connection with substantial changes in the circumstances under which the contract was concluded, and for all unregulated issues the Tourism Act and Bulgarian legislation apply.

Чл. 73. In case of amendment of the contract, the obligations of the parties are preserved in an amended form. Upon termination of the contract, the obligations of the parties are terminated after settlement of financial relations.

Чл. 74. All disputes between the parties related to the performance, non-performance, validity, and interpretation of this contract, as well as its appendices, are resolved by the parties voluntarily and with mutual concessions, and if this is not possible - by judicial procedure.

Чл. 75. The nullity of individual provisions or parts thereof of this contract does not lead to the nullity of the entire Contract or to the nullity of the entire provision. If any of the provisions of this Contract is null and void, it is replaced by the corresponding mandatory norm of the applicable legislation.