GENERAL TERMS AND CONDITIONS
Please read the General Terms and Conditions of the website before you begin to use our services.
In case you continue to use the website after reading the General Terms and Conditions, we will consider that you have expressed your consent to the General Terms and Conditions and are bound by the rights and obligations set forth therein. The General Terms and Conditions apply to the relationship between you and TOP GUIDES and to all services we offer.
In case you do not agree with the General Terms and Conditions, please immediately discontinue using the website and the services offered by TOP GUIDES. If you have any questions about the General Terms and Conditions, you can contact us at the following e-mail address: [email protected]
These General Terms and Conditions describe the Booking Terms and Conditions, valid for all trips and services provided by “TOP GUIDES” Ltd., UIC 205461793, holding a Tour operation activity license PK-01-7974 / 14.03.2019, “Liability of the Tour Operator” insurance, according to art. 97 of the Tourism Act, policy № 00088103/13062010010193 / 10.04.2020, concluded with Lev Ins Insurance Company, address: Sofia, 67 Simeonovsko Shosse Blvd., telephone: +359 2/952 33 23.
When you book a trip or service with TOP GUIDES, it is assumed that you have agreed to the Booking Terms and Conditions.
Please read them in advance, as well as the detailed description of the trip you wish to book, describing the route, the level of difficulty, the style, and any additional requirements for the participants in the trip.
I. BOOKING TERMS AND CONDITIONS
1. Booking Terms and Conditions
Reservations for each trip or service shall be made online, on TOP GUIDES’ website – https://bulguides.com or by e-mail, at: [email protected] To make a reservation, you have to select a specific program in advance. In case that you make a reservation on behalf of other participants, it shall be assumed that you, as a representative of the group, have agreed to the Booking Terms and Conditions on behalf of all participants.
When making a reservation you need to provide all your preferences and needs, including: accommodation, food and transport preferences, as well as essential information about you (and about all participants if you are booking a group) that may include, but is not limited to: chronic diseases, medical information and medical requirements, if there are any, if the Traveller(s) suffer from any infectious diseases and / or have been in contact with such, allergies to food and / or medication, any physical and / or mental limitations, etc., which may affect the participation in the trip before the booking.*
2. Deposit and still to be paid
Reservations shall be made only after a payment of a deposit, which shall be from 30 up to 50% of the total amount for all the booked travellers. TOP GUIDES shall reserve the right to determine the amount of the deposit according to the specifics of the trip or service, the number of participants, the season, etc. In any case, the rest of the payment shall be made up to 30 days before the travel date. In case the entire payment is not received within the time period agreed, liquidated damages shall be due according to the cancellation terms. In case at the time of the booking there are less than 30 days left to the desired departure date, you need to make full payment to book the chosen trip or service.
3. Payment methods
TOP GUIDES uses different payment methods, namely: by bank transfer, Transferwise, Revolut, Paysera and PayPal transfers, credit and debit card payments. All costs and commissions, additional fees of the respective payment service provider related to the transfer order shall be borne by the Traveller.
4. Booking confirmation
To confirm the booking after receiving the deposit or the entire payment for the reservation made by you, TOP GUIDES shall issue an invoice and shall send you a Package Travel Contract to the e-mail address specified in the reservation form. In case the Traveller does not have the possibility to sign and send a signed copy back to TOP GUIDES’ e-mail, the contract shall be considered concluded under the conditions specified therein, if within 7 /seven/ days from the receiving of the contract, the Traveller returns a reply to TOP GUIDES that he / she agrees and accepts the terms of the contract.
5. Your personal data
In order to prepare and send to you a Package Travel Contract you have to provide TOP GUIDES with the following data, which includes but is not limited to: name, e-mail address, type and number of identity document, PIN / date of birth, nationality, date of issue and expiration of the identity document, as well as information about any medical conditions – chronic diseases, incl. epilepsy, asthma, diabetes, cardiac disorders, whether or not treated with medication, if you suffer from any infectious diseases and / or have been in contact with such, if you have any allergies to food and / or medication, any physical and / or mental limitations, etc., which may affect your ability to carry out the booked trip. Information about your health and the medications you need is vital in case you need an emergency response! If you do not provide the requested data, a Package Travel Contract cannot be concluded through your fault and liquidated damages may be due according to the cancellation terms.
II. EARLY TERMINATION OF PACKAGE TRAVEL CONTRACT / BOOKING CANCELLATION
6. Cancellation / Termination by the Traveller
Booking cancellation or Package Travel Contract termination by the Traveller shall take effect only when a written confirmation of the cancellation / termination is received at TOP GUIDES’ e-mail address: [email protected] Cancellation / Termination made verbally to TOP GUIDES’ employees (drivers, guides, hotels and resorts representatives) or in writing to another e-mail address shall not be considered valid. In case of refusal by you or trip cancellation for reasons beyond the fault of TOP GUIDES cancellation of services that are already deposited and paid shall be carried out after a payment from you or а retention from TOP GUIDES’ side of the already paid, under the following conditions depending on the pre-announced departure date:
– 30 or more days before departure – 20% of the deposit;
– between 30 and 15 days before departure – 50% of the total price of the trip;
– between 14 and 8 days before departure – 70% of the total price of the trip;
– 7 days or less before departure – 100% of the price of the trip.
You can conclude a “Termination and travel cancellation” insurance upon your wish to cover possible cancellation costs. In case you cancel the trip for any reason after it has begun, TOP GUIDES shall not reimburse you for the unused services. In case you fail to embark on the departure date of the booked trip, you can join any time after the departure or cancel it before it ends, but the amount paid shall not be refundable.
You shall have the right to terminate the Package Travel Contract before the beginning of its implementation, without paying any termination fee in case of unforeseen, unavoidable оr extraordinary events, occurred or occurring in the place of destination or in its immediate vicinity, and these events significantly affect the implementation of the travel package. In this case you shall have the right to a full refund of any payments you have made for the travel package.
7. Cancellation / Termination by TOP GUIDES
TOP GUIDES shall have the right to terminate the Package Travel Contract and reimburse you to a full amount the payments made for the travel package without paying additional compensation when TOP GUIDES is prevented from performing its contractual obligations due to unavoidable оr extraordinary events /”force majeure”, terrorism, natural disasters, political instability or other external factors/ and has notified you of the contract termination without undue delay before the beginning of the implementation of the travel package.
In case TOP GUIDES cancels your trip due to force majeure and / or extraordinary circumstances, the amount paid by you may be transferred for another departure date or you may receive a full refund of all payments made for the travel package. TOP GUIDES cannot be held liable for any costs you may incur as a result of the booking, including but not limited to visas, vaccinations, voluntary insurance or non-refundable flights.
III. CHANGE OF CONDITIONS
8. Change of reservation
In case you would like to transfer the booking / Package Travel Contract to another person you shall have the right to do so after sending a written reasonable notice or notification to TOP GUIDES’ e-mail not later than 7 days before the date of the departure. The Package Travel Contract can be transferred only to another person who shall meet all the requirements applicable to the concluded contract. The transferor and the transferee shall be jointly and severally liable for the payment of the balance of the Contract’s price and of any additional fees, charges and other costs arising from such a transfer. The transferee shall be deemed to have been informed by his transferor of the terms of the contract and the General Terms and Conditions herein. TOP GUIDES shall inform the transferor of the actual transferal costs, which may not exceed the actual ones incurred by the TOP GUIDES as a result of the transfer of the Package Travel Contract.
9. Reservation prices – accuracy and changes
The travel package price announced is calculated on the basis of the number of participants. Our costs, and subsequently the official price, depend on the number of participants who actually booked and paid for the announced travel package. For this reason, the price can be changed including after the conclusion of the contract and the receiving of the full payment of the travel package price.
(1) In case of a change in the price due to an increase in the number of travellers, the difference between what you paid and the reduced price of the travel package shall be refunded in a way specified by you.
(2) In case of a price increase due to lesser participants than the initial requests, you will be duly notified of the necessary surcharge and of the time period it has to be made within, in case you wish to continue your trip under these changed conditions.
We will strive to notify you of the changes not later than 20 days before the beginning of the implementation of the travel package.
We strive to present as accurately as possible the information on our website and our brochures, but please make sure that the information and the price at the time of the booking are correct and compare that information with the one provided subsequently in the Package Travel Contract, as some errors may occur during the uploading of the information.
10. Change of routes
The nature of the trips organized by TOP GUIDES requires considerable flexibility. The route provided for each trip is announced in advance, but the schedules, the transportation, as well as the route itself may be changed without prior notice due to force majeure and extraordinary circumstances or events. TOP GUIDES, however, provides appropriate assistance without undue delay in case a traveller gets into a difficult position. When the difficulty is caused by your intentional demeanor or negligence, TOP GUIDES requires payment of a fee for the assistance provided, and the fee may not exceed the actual costs incurred by TOP GUIDES for the assistance provided to you. For a contact with TOP GUIDES or for request for assistance in case of a difficulty, you should use the following: telephone: +359 884 29 74 16, e-mail: [email protected]
TOP GUIDES strives to conduct all the trips as planned in the travel program but shall reserve the right to change the trip route.
Before departure: In case TOP GUIDES makes any significant change, we will inform you about it in a clear, comprehensible and prominent manner to the contacts indicated by you. A significant change is considered to be one that affects at least one of every five days of the travel program. Where a significant change is made, the Traveller shall have the right not later than three days from the notification of the change:
(i) to accept the proposed change, or
(ii) to terminate the already concluded Package Travel Contract without paying a fee for termination of the contract.
When the Traveller chooses to terminate the Package Travel Contract, he / she may accept a replacement travel package of the same or higher quality, in case TOP GUIDES offers one. When the Package Travel Contract is terminated and the Traveller does not accept a substitute travel package, TOP GUIDES shall refund all payments made by the Traveller or on his / her behalf not later than 14 days after the termination of the contract.
After departure: TOP GUIDES shall reserve the right to change the route after departure due to force majeure and extraordinary circumstances or events. In such unforeseen circumstances, the additional costs for all necessary changes along the route are borne by TOP GUIDES. TOP GUIDES cannot be held liable for accidental costs that may arise as a result of the route change, such as visas, vaccinations or non-refundable flights, as well as in case the reason for the change is the behavior (action / inaction) of the Traveller.
IV. ADDITIONAL TERMS AND CONDITIONS
11. Passports and visas
You must carry with you a valid passport and have obtained all visas, permits and certificates necessary for the countries you will visit during the trip. Your passport must be valid for at least 6 months after the end of the trip. It is your responsibility to ensure that you have all the visas, permits and certificates necessary for the trip. We cannot be held liable in case you are refused entry due to lack of a valid passport, visa or other travel documents. With the conclusion of the Package Travel Contract, you will receive from TOP GUIDES information about the visa regime and the necessary visa requirements, including approximate time periods for obtaining visas, as well as information about the health requirements of the country chosen for the travel. You can get acquainted in advance with the information about the visa regime and specificities when traveling to certain countries at: https://www.mfa.bg/bg/situationcenter.
12. Travel insurances
For all the persons traveling with TOP GUIDES is obligatory to conclude an insurance and it has to be done before the beginning of the travel package. In case you are a Bulgarian citizen who will participate in a trip on the territory of Bulgaria, a mountain insurance is obligatory, to cover mountain rescue on the territory of Bulgaria, according to the practice. In case you are a Bulgarian citizen who have booked a trip outside Bulgaria, or a foreigner who will take part in a trip on the territory of Bulgaria, then your travel insurance have to provide coverage against personal accident, death, medical expenses, mountain rescue according to the practice and emergency repatriation with a recommended minimum cover of EUR 20,000 for each of the insurance coverage categories. We also recommend that the insurance cover cancellation, personal liability, loss of baggage and personal belongings. According to the activity / activities taking place during the trip (hiking, cycling, ski touring and off-piste skiing, climbing, mountaineering, etc.) you need to make sure that the relevant risks are covered by the rescue expenses insurance, before you conclude an insurance contract for such, as well as to get informed of the rescue methods that you can rely on at the trip destination – organized mountain rescue, helicopter rescue, etc.
On the first day of the trip it is necessary to present your insurance policy number and the insurance company’s 24-hour emergency number, otherwise you will not be able to join the trip. If you have travel insurance linked to your credit card or bank account, please make sure you have the details of the participating insurer, the insurance policy number and the emergency number, and not of the bank name and the credit card details.
13. Group leader (guide)
TOP GUIDES shall organize group trips, which shall be guided by a group leader. The decision of the group leader shall be final on all matters that may affect the safety or well-being of each traveller or staff member participating in the trip. In case a traveller does not comply with a decision taken by the group leader or interferes with the safety or mobility of the group, the group leader may remove him / her immediately from further participation in the trip without the right to a refund of the services paid by by him / her. TOP GUIDES shall reserve the right not to conclude a Package Travel Contract with such a traveller for a future trip booked by him / her. Each traveller shall be obliged to comply with the applicable legislation of all countries visited, and agrees to travel in accordance with the instructions of the group leader.
14. Risk acceptance
The nature of the trips organized by TOP GUIDES is adventurous and the participation in them includes personal risk to some extent. Places where political, cultural and geographical latitudes anticipate dangers and physical challenges are visited. It is your responsibility to read all the necessary information about the trip, as well as the specifics of the route you have chosen. By concluding a Package Travel Contract, you confirm that you agree with the terms of the trip and accept that you are aware of the personal risks associated with the particular trip. TOP GUIDES will inform and assist you in obtaining information about the possible risks that may be incurred in the implementation of a particular travel package. The travel packages and services provided by TOP GUIDES are not suitable for people with reduced mobility and / or medical problems.
15. Limitation of liability
TOP GUIDES shall be liable for the performance of the travel services included in the Package Travel Contract, regardless of whether these services are performed by TOP GUIDES or by other providers of travel services. You, in turn, shall notify TOP GUIDES without undue delay, of any discrepancy established during the performance of the travel service included in the Package Travel Contract concluded with you.
Upon signing a Package Travel Contract, or at a later stage, but not later than the moment before the beginning of the implementation of the travel package, the CLIENT shall sign a Declaration for providing information on the medical condition of the travellers and liability. The data specified in it shall be stored only for the purposes of the implementation of the travel package and contain vital information in case of emergency response needed. The declarations shall be stored in a sole original provided by the client (tourist – group member) to TOP GUIDES, or directly to the driver and shall be destroyed within 7 days after the completion of the implementation of the travel package.
16. Additional services
Additional services that are not included in the travel package / total price of the trip are not part of the trip. The group leader or local representative shall be not held liable in any way for the assistance provided in organizing and providing of additional services. In these cases, between you and the service provider shall be concluded a contract for the provision of additional services.
17. Disputes and complaints
If you complain about a trip, please inform the leader of your group or our local representative in order to resolve the case. If the parties concerned are not satisfied, the complaint shall be made in writing and sent within 15 days after the end of the trip to the following e-mail address of TOP GUIDES: [email protected]
All disputes concerning the implementation of the Package Travel Contract shall be settled by mutual agreement of the parties. In case an agreement cannot be reached, the disputes shall be referred to the competent court in Sofia city.
The disputes can be referred to а consumer alternative dispute resolution entity within the meaning of Consumer Protection Act or through the platform for online dispute resolution –
pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (OJ, L 165/1 of 18 June 2013), according to Art. 84 (1) (7) of the Tourism Act.