GENERAL TERMS AND CONDITIONS OF MYSTY TRAVEL LTD
The general terms regulate the provision of tourist packages for groups or individuals, including organizing and providing comprehensive tourist services, such as, but not limited to, trips, excursions, transportation, accommodation, and other tourism-related activities both domestically and internationally. This encompasses the creation and management of tourist packages, consultancy services in the tourism sector, organizing thematic and specialized journeys, providing transfers and other ancillary services, consultations, and intermediation with financial institutions for travel credits, as well as any other lawful activity by „Misty Travel“ Ltd. The company is based in Sofia, 21A Kozyak Street, Unified Identification Code (EIK): 206753569, certified for conducting tourist activities with a license number РК-01-8439 from 24.06.2024, represented by the manager Elena Dineva. Detailed information about the company, general terms, policies, and more can be found on the following website: https://www.mysty.bg/.
GENERAL CONCEPTS:
- The company „Misty Travel“ Ltd is referred to as the „TOUR OPERATOR,“ and the clients utilizing their services for tourist packages, whether groups or individuals, are referred to as „CLIENTS.“
OFFER
- The TOUR OPERATOR, directly or through its agents, provides preliminary information to clients regarding the tourist packages and services offered. This information is provided through the operator’s website and social media channels, brochures, catalogs, and other marketing materials. Upon request, the TOUR OPERATOR or its agent provides a copy of the offer in a digital or physical durable medium.
- The TOUR OPERATOR is bound by its offer as per the previous paragraph until the available booking slots are exhausted or until other conditions, clearly defined in the offer, are met. The TOUR OPERATOR may exceptionally amend the offer’s conditions when the interests of the clients require it. Any changes will be published on the operator’s website.
- The TOUR OPERATOR is obliged to provide its clients with complete and accurate information regarding the tourist services included in the packages they have paid for. The information provided to the client in sealed envelopes must fully correspond to the information/description of the offered packages provided to the clients.
- The TOUR OPERATOR undertakes to send, via courier, the sealed envelopes containing information about the selected tour to the address specified by the client, no later than 2 days before the departure date.
RESERVATIONS AND CANCELLATIONS:
- Clients can make reservations through the company’s website, phone calls, email, or by visiting Misty Travel’s office located at 21A Kozyak Street, entrance B, floor 1, apartment 2.
- The CLIENT is required to pay for the selected travel package for specific dates, and confirmation of availability is only received upon written feedback from the TOUR OPERATOR.
- In case the dates are not available, the CLIENT will be offered alternative dates and will have the right to change the dates or request a refund of the paid amount only if the reservation has not been confirmed by the TOUR OPERATOR. Cancellation policies apply in accordance with Misty Travel Ltd’s standard refund policy.
- The TOUR OPERATOR is not responsible for the accuracy of information provided by the CLIENT and for any errors made during the reservation process, which result from the CLIENT’s actions or unforeseen circumstances.
- Upon making a reservation request and payment, the CLIENT receives written confirmation via email that the inquiry has been received and awaits confirmation. The TOUR OPERATOR is obligated to respond within 2 business days to confirm or reject the reservation.
- The CLIENT must declare in writing to the TOUR OPERATOR when booking the service if it will be used by tourists with disabilities or limited mobility. If the CLIENT has specific needs or requirements beyond the scope of the offered package, they must mention them in an email to the TOUR OPERATOR.
- The TOUR OPERATOR reserves the right not to enter into or execute a contract for a tourist package with a tourist who has mobility difficulties if it has been previously stated that the journey is not suitable for persons with limited mobility and poses a risk to their health.
PAYMENT:
- Payments for reservations of tourist packages are to be made within the deadlines specified by Misty Travel Ltd.
- Payments can be made with a debit, credit, or business card via V-pos.
- Transactions are processed through the MasterCard Identity Check and VISA Secure security programs.
- From a security standpoint, the maximum payment amount by card is 8000 BGN.
- The following payment methods are accepted: bank transfer or Visa and Mastercard credit, debit, or business cards.
- Payments via bank transfer are to be made to the following bank account:
Bank: DSK
Misty Travel Ltd
BIC: STSABGSF
IBAN: BG05STSA93000030622900
Reference: „package name“ „date of excursion or vacation“
- The TOUR OPERATOR also accepts payments through gift vouchers or discount vouchers issued by them.
- The TOUR OPERATOR does not store data for bank cards used for payment through the website.
- In case of a refund of an amount paid by bank card, the amount is refunded to the card used for payment.
- All additional services requested by the CLIENT during their stay should be paid for at the accommodation venue.
PRICE POLICY:
- The prices of tourist packages and individual services are determined by the TOUR OPERATOR and may vary depending on the season, availability, and specific requirements of the client.
- All prices are valid only for the period stated in the official offer or contract.
- The advertised prices are in Bulgarian Lev. They are calculated at a rate of 1 EURO = 1.9558 Bulgarian Lev.
TRAVEL ABROAD:
- When leaving the country, the CLIENT must ensure they have the necessary personal documents issued in accordance with the rules of the country they will be visiting, as well as the rules of the Republic of Bulgaria. If the CLIENT is a citizen of another country, they must familiarize themselves with the legal and visa requirements of their country for traveling to the countries they will be visiting according to the chosen tourist program.
- The required documents for international travel include:
- Valid international passport and medical insurance for the duration of the trip, when required.
- For EU countries with which Bulgaria has a visa-free regime, travel with a national ID card is possible.
- For countries requiring visas, information can be obtained from the respective consular services.
- For minors under 18 traveling without a guardian, a notarized authorization from the parents allowing them to leave the country is required.
- Other necessary documents should comply with the requirements of the legislation of the country being traveled to.
- If the CLIENT fails to provide or provides incorrectly filled declaration allowing them to cross the border of Bulgaria, the TOUR OPERATOR does not delay the execution of the program for the rest of the group and is not liable for penalties and does not bear responsibility for the client’s unfulfilled trip.
INSURANCE:
- Basic prices of tourist packages do not include insurance covering various risks during travel. The CLIENT has the option to additionally purchase and pay for insurance provided by an insurer selected by the TOUR OPERATOR.
RIGHTS AND RESPONSIBILITIES:
- The CLIENT has the right to receive detailed information about the services provided, including travel and accommodation conditions.
- The CLIENT is responsible for providing accurate information when making reservations and for adhering to the rules of conduct during travel.
- The TOUR OPERATOR gives the CLIENT the right to transfer the travel package contract to another CLIENT if he informs in writing about the change to:
– up to 24 hours prior to the program in Bulgaria
– up to 7 days prior to the program abroad in a country neighbouring Bulgaria
– up to 14 days prior to the programme abroad in a country not neighbouring Bulgaria where no visa is required for that country;
– up to 30 days (or up to the minimum time required for the issue of a visa if it is less than 30 days) prior to the programme abroad in a country not neighbouring Bulgaria where a visa is required for that country;
- Notify the CLIENT in writing when the minimum number of participants is not met and the trip may be cancelled within the following timeframes:
– up to 48 hours for travel in Bulgaria
– up to 72 hours for travel abroad to a country neighbouring Bulgaria
– up to 14 days prior to the program abroad in a country not neighbouring Bulgaria when no visa is required for that country;
– up to 30 days (or up to the minimum time required for the issue of a visa if it is less than 30 days) prior to the programme abroad in a country not neighbouring Bulgaria where a visa is required for that country
CANCELLATION OF TRAVEL:
- If the CLIENT holds a voucher but does not use it within the specified deadlines, the voucher is considered canceled due to the CLIENT’s fault, and the amount is not refunded.
- An expired voucher can be extended for an additional 6 months against a fee of 100 BGN per person.
- If after confirming the reservation, tourists do not show up on the scheduled day and do not inform the TOUR OPERATOR of possible delays, changes to the reservation, date redirection, or refund will not be allowed.
- The CLIENT has the right to terminate the contract at any time. In case of cancellation of the trip and termination of the contract by the customer,
the TOUR OPERATOR shall charge the following penalties:
(a) In case of travel abroad:
– in the amount of the deposit described in the individual contract in case of cancellation up to 90 days before the date of travel;
– from 89 to 60 days prior to the date of travel – 50% of the total cost of the trip according to the individual contract;
– from 59 to 30 days prior to the date of travel – 80% of the total cost of the trip according to the individual contract;
– 29 or less than 29 days before the date of travel – 100% of the total cost of the travel under the individual contract.
- b) for travel in Bulgaria:
In the event of cancellation of a reservation less than 14 days prior to the scheduled date of arrival, but within 7 days prior to the date of arrival, the TOUR OPERATOR shall be entitled to retain 50% of the total amount of the travel accommodation.
In case of cancellation of a reservation within a period shorter than 7 days before the scheduled arrival date, the TOUR OPERATOR has the right to withhold 100% of the total accommodation amount for travels.
- For trips organized by the TOUR OPERATOR, if the required number of participants specified in the contract is not reached, or if the cancellation is due to force majeure such as war, terrorist acts, strikes, epidemics, disasters, and others, the tour operator is not liable for the performance of the contract. In such cases, the TOUR OPERATOR will refund all amounts paid by the client, except for non-refundable expenses such as insurance, fines for returned tickets, visa fees, and others.
- The tour operator is not responsible for the inability to execute or for the inaccurate execution of the contract and is not obliged to pay compensation in cases where:
- The CLIENT cancels or interrupts the trip due to personal reasons or fails to show up at the agreed place and time.
- Actions by third parties related to the execution of the contract cannot be foreseen or avoided.
- The CLIENT is not admitted by border or other services due to lack of necessary travel documents, visa, or for other reasons for which the TOUR OPERATOR is not responsible.
- The CLIENT requires hospitalization in a medical institution=
- An unforeseen event or force majeure occurs, which cannot be foreseen or avoided, such as border delays, problems with road infrastructure, border checks, provision of medical assistance to a tourist from an organized group, and other extraordinary circumstances. In such cases, the TOUR OPERATOR reserves the right to change the program and take actions in accordance with the specific situation, without being obliged to pay compensation for it.
- Changes to confirmed reservations are possible, but not later than 14 calendar days before the arrival date of the CLIENTS. Any cancellation or change to a reservation must be requested in writing by the client. No exceptions are allowed.
- In case of a change to a reservation within a period shorter than 14 days before the scheduled arrival date but up to 7 days before the arrival date, the TOUR OPERATOR incurs an administrative fee of 100 BGN per person.
- In the event of cancellation of travel and its termination by the TOUR OPERATOR due to reasons beyond their control, they refund the amount paid for the travel.
CLAIMS AND COMPENSATION
- The TOUR OPERATOR is responsible for the execution of the tourist services included in the package travel contract, regardless of whether these services are provided by them or by other providers of tourist services.
- The TOUR OPERATOR is not liable for damages suffered by the CLIENT during the use of the tourist service in case of bodily injury or death, as well as in case of non-performance of the purchased service, due to intentional or grossly negligent behavior on the part of the CLIENT.
- All complaints must be recorded by the CLIENT before leaving the place of accommodation by drawing up a record protocol according to a template signed by a representative of the accommodation.
- The CLIENT must provide the TOUR OPERATOR with a written complaint according to a template, proving their claim based on grounds and amount within 3 days from the end of the trip.
- The TOUR OPERATOR is obliged to respond in writing within 30 calendar days after receiving the complaint.
- In case of liability of the TOUR OPERATOR for damages caused by the actions of its contractor, the CLIENT is obliged to assist the TOUR OPERATOR in asserting claims against the contractor.
- The TOUR OPERATOR is not liable for damages to the CLIENT resulting from the impossibility to carry out all activities from the selected package, if:
- The TOUR OPERATOR has not been timely informed by the CLIENT about the problem and the TOUR OPERATOR has not been able to take adequate measures;
- The TOUR OPERATOR has been informed, but the removal of the problem has been impossible.
- The activities of the tour operator are fully compliant with Directive (EU) 2015/2302, as transposed into national legislation.
USE OF PERSONAL DATA FOR MARKETING PURPOSES
- CLIENTS agree that the TOUR OPERATOR may use their personal data for conducting marketing campaigns, including promoting new travels, by sending emails, provided that they have explicitly consented to this in the contact form during reservation.