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Standard information form for package travel contracts
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights applying to packages. Company „Butch OOD” will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, „Butch OOD” has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent. More information on key rights under Directive (EU) 2015/2302 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&from=BG
Following the hyperlink the traveller will receive the following information:
Key rights under Directive (EU) 2015/2302
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem. 11.12.2015 EN Official Journal of the European Union L 326/25
- Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
- If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. „Butch OOD” has taken out insolvency protection with LEV INS AD, head office Bulgaria, 1700 Sofia 67A Simeonovsko shosse Blv, tel +3592/8055333.. Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of „Butch OOD”‘s insolvency. Directive (EU) 2015/2302 as transposed into national law https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&from=BG
Butch Ltd. is a certified tour operator with registration certificate No. RK-01-7860, issued on 03.05.2018 by the Ministry of Tourism and a valid tour operator liability insurance. Butch Ltd. offers tourist services in the field of alternative tourism.
Contact details for Butch Ltd.
Address: city of Samokov region Sofia, 17 Pashenitsa St
Phone: 0888 226 339 / 0887524822
El. mail: firstname.lastname@example.org
Butch Ltd complies with the following principles in processing personal data:
• lawfulness, good faith and transparency;
• collection for specific, explicitly stated and legitimate purposes;
• minimizing the data collected;
• accuracy and up-to-dateness of the data;
• limitation of the storage period, with a view to achieving the goals;
• processing in a way that guarantees an appropriate level of personal data security.
The provision of personal data by employees and contractors of the COMPANY is a mandatory legal basis.
The provision of personal data to other data subjects is a contractual basis.
In the event that a data subject does not wish to provide his data, he cannot enter into a contract, cannot be the recipient of any service and cannot receive pre-contractual information about services provided by the COMPANY and trips, for which last acts as a tour operator
PERSONAL DATA COLLECTION
The data should be provided to the COMPANY personally by the data subjects or personally by parents/guardians of minors – in writing by completing and signing declarations, contracts and annexes to them electronically.
In relation to the performance of its activities, the COMPANY collects the following personal data:
Personal data: names, social security number, number and data from an identity card/international passport, address, telephone, email address.
Sensitive personal data: health data, nutritional preferences.
PURPOSES OF PERSONAL DATA PROCESSING
To communicate with customers/counterparts of the COMPANY regarding specific tourist services and provide pre-contractual information;
To conclude contracts for tourist packages, for hotel reservations, transfers, and other tourist services;
To conclude insurances – “Medical expenses in case of illness and accident of the tourist”, “Assistance when traveling abroad” and “Cancellation of a trip”;
For concluding a contract – labor, civil and compliance with the requirements of labor legislation;
For accounting purposes and payment of remuneration;
For marketing and statistical purposes.
STORAGE OF PERSONAL DATA
Personal data is stored for a different period of time depending on the purposes for which it was collected and the requirements of the currently applicable legislation:
Customer data for the execution of specific travel contracts and reservations – 5 years, counting from the date of completion of the execution of the specific service;
Customer and counterparty data made available for storage by express consent outside the performance of a specific contract – 5 years, unless the data subject requests that it be deleted before this period expires;
Customer data for accounting purposes – 10 years + 1 year from the date of drawing up the document;
PROVISION OF PERSONAL DATA TO THIRD PARTIES
The COMPANY provides personal data to third parties only to the extent necessary to fulfill contracts and reservations of travel services and does not provide personal data to persons unrelated to the travel of the specific data subject, as follows:
Tour operators, hotels and other places of accommodation, bus companies;
Insurance companies for the needs of concluding insurances provided for in the Law on Tourism;
Guides and guides hired by the COMPANY for the purposes of communication with the participants of the particular trip;
The COMPANY provides personal data to third parties if there is a legal basis for providing the data, as follows:
NRA, NOI, KZP, Office of Occupational Medicine and other legally established recipients, when the legislation requires it;
In the event of claims related to the performance of the COMPANY’s duties as a tour operator or travel agent or the exercise of the COMPANY’s rights, personal data shall be provided to a lawyer or law firm.
The COMPANY does not provide personal data to third parties for marketing purposes.
The COMPANY takes technical and organizational security measures in order to protect data against unauthorized and illegal processing, accidental loss, destruction or damage of personal data, as may be required, taking into account the state of technical development, common practice and legal requirements.
RIGHTS OF PERSONAL DATA SUBJECTS
The subject of personal data has the following rights:
To receive confirmation as to whether and what kind of personal data are being processed, as well as access to them, depending on technical capabilities;
To ask the COMPANY to correct inaccurate personal data without undue delay, as well as to update and supplement them in case of change;
To request the deletion of his personal data, if the legal basis for their processing has ceased or the data is not necessary for the COMPANY to establish, exercise or defend against legal and other legal claims;
To request restriction of the processing of his personal data, as well as the right to object to their processing when there is no legal basis for processing personal data;
On a complaint to a supervisory body /CPLD or the competent Court/ in connection with the processing of his personal data, when the law provides for such a possibility.
The rights specified in this section can be exercised by the subject of personal data by correspondence, by sending a written request with a clearly stated reason for it.
General Terms and Conditions for a Package Travel Contract
These General Terms and Conditions (G&C) regulate the terms and conditions under which the Tour Operator (TO) organizes and provides to end users, group and individual tourist packages with a total price. The concepts used in these General Terms and Conditions are used in their sense, which is defined, or in which they are used in the Tourism Act(TA) with its content according to the amendments, effective from 01.07.2018.
The rights and obligations of Travelers are contained in these General Terms and Conditions, and the specific characteristics of the individual tourist services, included in the tourist package, as well as the specific requirements of Travelers, accepted by the Tour Operator, are contained in the individual Package Travel Contract.
- The reservation can be made by e-mail or phone.
- The reservation is made by signing a contract and making a deposit or a full amount, specified in the method of payment for each program.
- Conditions for booking by e-mail:
а/ the Traveler has to send an e-mail in which he indicates the selected program, the date of travel and the necessary data of tourists;
b/ in response, he will receive a confirmation with the necessary documents to complete (if there are available places) or refusal of the reservation (in case there are no available places);
- The Contract comes into force after the Traveler sends a signed scanned copy of it to TO.
- In case that the Traveler does not send a scanned copy of the signed contract to the TO’s e-mail within the period specified by the TO, the Contract does not take effect and does not bind the TO.
II. Prices, methods, terms of payment
- Payment can be made in cash or by bank transfer. The payments made by the Traveler are authenticated by a payment document issued by TO.
- When signing a Package Travel Contract, the Traveler pays a deposit in the amount specified in the Contract and in the payment method for each program.
- The rest of the amount is paid in addition within the term agreed in the Contract.
- Failure to pay within the terms of the previous points is considered a refusal of travel by the Traveler and TO has the right to terminate the Contract.
III. Tourist‘s necessary data for signing a contract and issuing an invoice:
- Three names and social security number.
- Identity card or international passport number and validity.
- In addition, all data from the identity card, contact numbers and e-mail are required from the contract holder.
IV. Obligations of the Tour Operator (TO)
- TO undertakes to provide the Traveler with the tourist services paid for by him, in compliance with these General Terms and Conditions and in accordance with all clauses of the Package Travel Contract, signed by the parties.
- TO is responsible for the quality performance of the services, included in the Package Travel Contract, including providing them in the agreed terms and volume, regardless of whether these services are executed by him or by other providers of tourist services.
- According to Art. 93 of the Tourism Act to provide appropriate assistance to a Traveler in difficulty without unreasonable delay. When the Traveler’s difficulty is caused intentionally, or due to negligence by himself, TO may require the payment of a reasonable fee by the Traveler for the provided assistance, which may not exceed the actual costs.
- TO undertakes to use the personal data provided by the Traveler only in connection with the implementation of the Package Travel Contract, signed between the parties and guarantees that the same is protected and stored in accordance with the requirements of the applicable legislation.
- In the event of no-performance of the clauses of the signed Package Travel Contract, TO undertakes to reimburse the Traveler for all amounts paid by him, as well as to compensate him for all damages caused by the default, but not more than 100% of the price of the package service .
V. Rights of the Tour Operator (TO)
- TO has the right, if necessary, to make displacements and changes in the travel program that do not change it significantly.
- TO does not guarantee a requested combination for hotel accommodation.
- ТO reserves the right to terminate the Package Travel Contract before the trip, in the event that the Traveler creates inconvenience, insults and behaves arrogantly with employees or other customers, and this is documented in a protocol by those present. TO returns the amount paid to date without any explanation or penalty.
- TO is not responsible and should not compensate the Traveler in any way in the event of:
a/ cancellation, delay and/or change in the terms and/or conditions of the trip, which do not depend on him
b/ refusal by the relevant authorities to issue a visa to the Traveler;
c/ loss or damage of luggage, money, valuables, documents and others during the trip, including those left in the accommodation places. In these cases, TO assists the Traveler to the extent that the implementation of the tourist program is not disturbed. The search for forgotten items is carried out by the Traveler at his own expense;
d/ interruption of the trip caused by personal circumstances or the Traveler’s fault;
e/ refusal by the Traveler to use some of the services
f/ in the event, that the Traveler deviated from the program at his own will and for that reason missed one or other services included in the tourist program;
- TO has the right to terminate the Package Travel Contract and reimburse the Traveler in full for all payments made for the travel package, without owing additional compensation, when:
- 5.1 TO is prevented from performing the contract and is not responsible for changes in the trip, that are due to force majeure circumstances, that occurred after signing the contract as a result of unpredictable, irreversible and uncontrollable events such as natural disasters, accidents, strikes, etc. In this case, the TO undertakes to reimburse the Traveler for all amounts paid by him, without the corresponding part spent by them to pay for the actual expenses incurred (insurance paid, fines for returned tickets, a certain number of nights, transport costs and others), which are certified with duly formed documents.
- 5.2 the required number of participants for the travel package is less than the minimum number specified in the contract, and the TO has notified the Traveler about the termination of the Contract within the period specified in the contract, but no later than:
a) 20 days before the start of the travel package – in the case of trips, lasting more than 6 days;
b) 7 days before the start of the travel package – in the case of trips, lasting from two to 6 days;
c) 48 hours before the start of the travel package – in the case of trips of less than two days
In this case, the TO refunds the entire amount paid by the Traveler within 10 calendar days from the date of the refusal by the TO. TO is not responsible for unclaimed amounts by the Traveler for more than 30 calendar days.
VI. Obligations of the Traveler
- When signing the Package Travel Contract, the Traveler undertakes to provide up-to-date personal data, including phone number and e-mail, necessary to conclude the Contract which can be used by TO and for timely transmission of information and/or notifications of changes in the price, conditions or program of the trip , as well as in order to fulfill his obligations for assistance under point 3 of section IV of these General Terms and Conditions the event of difficulties encountered by travelers. TO is not responsible for consequences in the event of non-provided or wrongly provided contact phone number and/or data of travelers.
- It is the duty of the Traveler to notify the TO without undue delay of any discrepancy found in the performance of the tourist service, included in the Package Travel Contract, taking into account the relevant circumstances of the case.
- When the Traveler cansels the contract according to Art. 89 p.1/TA/ later than 14 days before starting the implementation of the tourist package, he must pay the tour operator a fee for termination of the contract in the amount of 10% of the value of the tourist package.
- The Traveler undertakes to pay the price of the trip in the amount and under the conditions of these General Terms and Conditions and in accordance with all clauses in Package Travel Contract, signed by the parties.
- The Traveler undertakes to comply with the laws of the countries in which he travels, to observe the order and to protect the property of the places of accommodation and meals, vehicles, public facilities, visited sites, etc. when using the tourist services.
- The Traveler is materially and morally responsible in the event of accidents or damage to a third party and is responsible for all consequences resulting from his behavior.
- The Traveler undertakes to travel seated while the bus is in motion. In the event of failure to comply with this requirement and suffering an accident, the Traveler assumes responsibility for all resulting consequences.
VII. Rights of the Traveler
- The Traveler has the right to receive the paid tourist services from TO, in accordance with these General Terms and Conditions and all clauses of the Package Travel Contract, signed by the parties.
- TheTraveler has the right to transfer his rights and obligations under the Package Travel Contract, signed with the TO, to a third party, who meets all the requirements for the trip, no later than 10 (ten) days before the start date of the trip, as in this case, the Traveler and the third party are jointly and severally liable to TO for payment of the price under the Contract and all costs related to the transfer. The third party undertakes to declare on the Contract that he is familiar with the information about the trip, agrees with the transfer and accepts the terms of the Contract. In case, that the third person is the opposite sex and there will be need for accommodation in a single room, he is obliged to pay the difference in price for such accommodation. Refusal to pay extra according to the previous sentence, is considered a refusal of the trip, the Contract is canceled and the amounts paid to date remain in favor of TO.
- The Traveler has the right to terminate the Package Travel Contract, before the start of the travel package without paying any termination fee in the event of force majeure and extraordinary circumstances, occurring at the destination or in its immediate vicinity, which significantly affect the execution of the tourist package, or the transportation of passengers to the destination.
- The Traveler has the right to terminate the Package Travel Contract at any time before the beginning of the performance of the tourist package, according to Art. 89 (Amended – SG No. 37 of 2018, effective from 01.07.2018) paragraph (1), except in the cases mentioned in section VI, item 3 of the General Terms and Conditions
VIII. Conditions for refusal of travel and cancellations
- All changes to the Contract are made only by the contract holder and after confirmation by the TO.
- On the day of departure, changes are not possible and are considered a cancellation of the trip.
- In case of cancellation of the trip and/or termination of the Travel Package Contract by the Traveler on the day of or less than 14 days from the start of the trip, TO deducts a penalty of 10% of the value of the travel package
- If the Traveler refuses the trip during its duration, all additional transport and other costs, incurred as a result, are at his expense. TO does not owe the Traveler a refund of the amounts paid by him.
IX. Conditions and procedure for changing the price
- TO has the right to increase the price of the tourist package up to 20 days before its start only in case of:
а/ Increasing in the cost of transport, including fuel;
б/ Increasing the amount of fees related to services used under the contract, such as resort, city and other fees;
в/ Change in the exchange rate related to the contract in the period between its conclusion and the date of departure.
- The price increases only with the real increase in the value of the component that influenced its change, but not more than 10 percent. In this case, the Traveler is obliged to pay the difference additionally, which is certified by an additional written agreement to the contract.
X. Conditions for changing clauses of the Package Travel Contract, signed between the parties
- Substitution of a hotel or restaurant and entertainment, as well as a vehicle, with one of the same or higher category, which does not affect the price, is not considered a change of the Contract. About the circumstances of the previous sentence, the TO is obliged to notify Travelers in writing within 3 days of their occurrence.
XI. Conditions for changing and terminating the Package Travel Contract
- The Package Travel Contract, signed between the parties enters into force from the date of its signing and is valid until the end date of travel
- The parties may change the Contract by mutual written agreement without seeking the approval of the third parties benefiting from this Contract.
- Each of the parties has the right to request a change or termination of the signed Contract, in the event of substantial changes to the circumstances under which it was concluded.
XII. Terms and conditions for submitting complains and claims
- Information on procedures for considering complaints and on the possibilities for alternative resolution of consumer disputes can be found here: https://www.mi.government.bg/library/aktualiziran-spisak-na-priznatite-organi-za-alternativno-reshavane-na-sporove-mezhdu-potrebiteli-i-targovtsi-na-teritoriyata-na-republika-balgariya/
- as well as for the online dispute resolution platform, here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG
- In the event that during the trip, the Traveler discovers non-performance and/or inaccurate performance of the clauses of the Package Travel Contract signed between the parties, he undertakes to promptly notify TO and/or its suppliers in order to promptly take measures satisfying all interested parties .
- Complaints after the completion of the trip are accepted only in writing, within fourteen days after the Traveler’s return and upon presentation of the necessary evidence for the non-performance, or poor quality of the service. TO undertakes within one month from receipt of the complaint to give the Traveler its opinion on it.
- BUCH OOD has a valid insurance under Art. 97 of the Tourism Act “Liability of the Tour Operator” to “IC LEV INS” with No. 13062210000487 of 26.04.2022. The certificate is available here https://www.horse-riding-bg.com/2022/sertificate-of-tour-operators-liability-insurance/
- BUCH OOD can assist for an additional fee to take out “Trip Cancellation” insurance. If the Traveler wishes to conclude such insurance or if he needs to obtain additional information about it, the Traveler must request it before signing the Contract
- BUCH OOD has a valid “Accident to athletes” insurance policy with additional coverages to IC UNICA life, with No. 590000515922 dated 13.04.2022 with covered death and permanent loss of working capacity and insurance premium BGN 5,000.00