| In case this
is not complied with or because of a faulty declaration the USER is not
allowed to cross the border of the respective country, then the TOUR OPERATOR
does not delay the execution of the travel program of the rest of the
group and does not owe any damages to the USER for the trip not made.
5.4. He undertakes to keep the laws of the Republic of Bulgaria and is
personally responsible for his deeds.
5.5. In the event of accidents and damage done to hotels, vehicles or
third parties provoked by the USER, he is obliged to make good the damage
done and ascertained, there and then.
5.6. When the USER comes from a country with a high risk of contagious
diseases, he is obliged to undergo the respective prophylactics as per
international medical requirements.
5.7. If during his stay in Bulgaria the USER loses his personal papers,
he is obliged to inform the TOUR OPERATOR about it and also the closest
embassy of his country. In that case the TOUR OPERATOR undertakes to assist
and aid him, but all the connected costs are at the USER’s expense.
5.8. The USER may, not later than 10 working days prior to the OT’s
starting date, transfer his rights and obligations under the COT to a
third party, undertaking to pay to the TOUR OPERATOR all due sums for
that change. In that case the USER is jointly responsible, with the third
party, to the TOUR OPERATOR for paying the trip’s overall price
and for fulfilling his obligations under the contract. The third party
declares in respect of the contract that he accepts the transfer and wholly
agrees with the contract’s terms and its addenda an also that he
was informed about the trip prior to his acceptance of said transfer.
5.9. The USER may make changes or cancellations under cl. 3 of the General
terms.
6. Responsibility
of the parties to the COT
6.1. The TOUR OPERATOR is not responsible to the USER in the event of
cancellation, delay or change of the terms and conditions of OT that are
not in the TOUR OPERATOR’s control, namely:
6.1.1. Delay of flights due to technical or meteorological reasons.
6.1.2. Acts of God (natural disasters, strikes etc.).
6.1.3. Cancellation or suspension of the trip for personal reasons by
the USER.
6.1.4. Loss of or damage to luggage during the trip.
6.1.5. Refusal by the competent authorities to issue a visa to the USER.
6.1.6. The customs and border authorities not allowing the USER to enter
Bulgaria due to the lack of documents duly drawn up or for other reasons.
6.1.7. Actions by a third party not bound by the contract and which cannot
be foreseen or prevented.
6.1.8. Uncontrollable force or event that cannot be foreseen or prevented
by the TOUR OPERATOR and his subcontractors while diligently fulfilling
their duties. |
6.2. In the
events of cl. 6.1.7. and 6.1.8. the TOUR OPERATOR is obliged to
immediately assist the USER.
6.3. The TOUR OPERATOR’s responsibility in all cases for imprecise
or incomplete execution of the travel program cannot be greater
than the package’s overall price. When the responsibility
of the tourist agents or the TOUR OPERATOR’s other subcontractors
for damages caused by the non-fulfillment or the faulty fulfillment
of the services under the contract is limited by international contracts
ratified and published in the State Gazette and in force in the
Republic of Bulgaria, so is the TOUR OPERATOR’s responsibility
falls within those limits.
7. Disputes and claims
7.1. If during the trip facts of non-fulfillment or faulty fulfillment
of the contract’s terms are ascertained, the USER is obliged
immediately, solely in writing, to inform the TOUR OPERATOR in view
of the timely taking of measures that would satisfy all parties
concerned.
7.2. If the USER’s claims regarding the quality of the service
provided cannot be satisfied while the service is being provided,
the USER may submit to the TOUR OPERATOR a claim duly drawn up in
writing, not later than 5 working days after the trip’s last
date.
7.3. If the USER has not submitted his claim in the aforementioned
manner, his pretensions shall not be accepted or reviewed by the
TOUR OPERATOR.
7.4. The TOUR OPERATOR is obliged within 30 days of receiving the
claim to submit his written stand on it to the USER.
8. Changes, procedure for altering and suspending the Contract
8.1. The present contract was drawn up in compliance with the Law
of Tourism and the Bulgarian legislation.
8.2. The TOUR OPERATOR is bound by the data in writing and cannot
alter it except when:
8.2.1. The possibility has been expressly foreseen of making changes
in it and the USER has been advised of them prior to signing the
COT.
8.2.2. The changes have been made as a result of the parties’
agreement thereof.
8.3. All alterations and additions made in writing by the parties
are deemed an integral part of the contract.
8.4. Any agreements to alter or notice about cancelling the contract
are made in writing.
8.5. When the contract is altered, the parties’ obligations
are kept unchanged.
8.6. When the contract is cancelled, the parties’ obligations
are cancelled after settling the financial relations.
8.7. All disputes in connection with the contract are to be settled
via negotiations, and if that proves impossible, in compliance with
the legislation of the Republic of Bulgaria.
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