Legal

General Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

In these General Terms and Conditions, unless the context otherwise requires:

  • "Organizer" means Elena Perva Ltd., trading as Expadus Travel, acting as the organizer of the Package.
  • "Traveler" means the person who purchases, intends to purchase, or is entitled to travel under the Package Travel Contract.
  • "Package" means a combination of travel services constituting a package within the meaning of applicable package travel legislation.
  • "Travel Services" means services such as accommodation, passenger transport, car rental, medical, SPA, wellness, rehabilitation, balneological, excursion, guiding, transfer, or other tourist services included in the Package.
  • "Booking Summary" means the personalized booking document, itinerary, offer, or confirmation issued by the Organizer to the Traveler and containing the specific elements of the booked Package.
  • "Supplier" means any third-party service provider performing an element of the Package, including hotels, transport providers, medical or SPA facilities, guides, or other local contractors.
  • "Durable Medium" means email, PDF, or another medium that enables the Traveler to store information addressed personally to them in a way accessible for future reference and allowing unchanged reproduction of the information stored.
  • "Unavoidable and Extraordinary Circumstances" means a situation beyond the control of the party invoking it, the consequences of which could not have been avoided even if all reasonable measures had been taken.

2. COMPANY INFORMATION

2.1. The Organizer is Elena Perva Ltd., trading as Expadus Travel, a company duly incorporated and registered in the Republic of Bulgaria and licensed to operate as a tour operator under License No. RK-01-8458.

2.2. The Organizer's registered office, registration details, VAT number, and official contact details shall be stated in the contractual documents and/or on the Organizer's official website.

2.3. The Organizer acts as the organizer of the Package sold to the Traveler.

3. SCOPE OF APPLICATION

3.1. These General Terms and Conditions apply to all Packages sold or offered by the Organizer, unless otherwise expressly agreed in writing.

3.2. These Terms form an integral part of the Contract and shall be read together with the Booking Summary, Package Travel Contract, Standard Information Form, Insolvency Protection Notice, and any special written agreement expressly accepted by the Organizer.

4. LEGAL FRAMEWORK

4.1. These Terms shall be interpreted in accordance with applicable Bulgarian law and any mandatory package travel and consumer protection rules applicable to the sale of the Package.

4.2. Where the booked services constitute a Package, the Traveler shall benefit from the protections provided by applicable package travel legislation.

4.3. Nothing in these Terms is intended to exclude, restrict, or reduce any mandatory rights of the Traveler under applicable law.

5. PRE-CONTRACT INFORMATION, CONTRACT CONCLUSION AND DURABLE MEDIUM

5.1. Before the conclusion of the Package Travel Contract, the Organizer shall provide the Traveler with the essential pre-contract information required by applicable package travel legislation, including the main characteristics of the Package, the total price, applicable payment arrangements, information regarding cancellation rights, and information regarding insolvency protection.

5.2. The Organizer shall also provide the Traveler, where applicable, with the relevant standard information form required under package travel legislation.

5.3. The pre-contract information provided to the Traveler shall form part of the Contract and may not be altered unless the Organizer clearly reserves the right to make changes before conclusion of the Contract and such changes are communicated to the Traveler in a clear, comprehensible, and prominent manner before the Contract is concluded.

5.4. The Contract shall be deemed concluded when:

(a) the Traveler confirms acceptance of the booking proposal;

(b) the Organizer confirms the booking; and

(c) the required deposit or full payment is received by the Organizer, unless otherwise expressly agreed in writing.

5.5. At the conclusion of the Contract or without undue delay thereafter, the Organizer shall provide the Traveler with a copy or confirmation of the Contract on a durable medium.

5.6. By making payment after receiving the contractual documents, the Traveler confirms acceptance of the Contract, the Booking Summary, these Terms, and the other contractual documents provided on a durable medium.

5.7. The absence of a handwritten or electronic signature shall not, by itself, affect the validity of the Contract where the Contract has otherwise been concluded in accordance with this Clause.

6. CONTRACT DOCUMENTS AND ORDER OF PRIORITY

6.1. The Contract shall consist of:

(a) the Booking Summary;

(b) the Package Travel Contract;

(c) these General Terms and Conditions;

(d) the applicable Standard Information Form;

(e) the Insolvency Protection Notice; and

(f) any special written agreement expressly accepted by the Organizer.

6.2. In the event of any inconsistency:

(a) the Booking Summary shall prevail in relation to the specific booked services and price;

(b) the Package Travel Contract shall prevail in relation to the core contractual terms specific to the booking;

(c) these General Terms shall govern all general matters not specifically addressed elsewhere; and

(d) mandatory applicable law shall prevail over any conflicting contractual wording.

7. DESCRIPTION OF THE PACKAGE

7.1. The specific details of the Package, including destination, duration, accommodation, included services, any medical or SPA elements, transfers, excursions, price, and payment timetable, shall be set out in the Booking Summary.

7.2. The Package may be individually tailored to the Traveler's requirements and may therefore vary in composition, pricing, and supplier structure from one booking to another.

7.3. Any special requests or requirements shall bind the Organizer only if expressly accepted in writing.

8. PRICE, CURRENCY AND PAYMENT

8.1. The total price of the Package shall be stated in the Booking Summary.

8.2. Unless otherwise stated, the Traveler shall pay:

(a) a deposit upon confirmation of the booking;

(b) the remaining balance as specified in the Booking Summary.

8.3. Payments may be made by bank transfer or by other payment methods accepted by the Organizer and notified to the Traveler.

8.4. The Traveler shall ensure that all bank charges, transfer fees, and currency conversion costs are borne so that the full amount due is received by the Organizer.

8.5. Payment shall be deemed received on the date the cleared funds are credited to the Organizer's account.

8.6. The Traveler shall quote the booking reference and traveler name with each payment.

8.7. If the Traveler fails to pay any amount due on time, the Organizer may issue a payment reminder and, if payment remains outstanding within the period stated in the reminder, may treat the booking as cancelled by the Traveler or terminate the Contract, subject to applicable law.

9. PRICE CHANGES AND PRICE REDUCTION

9.1. The Organizer may increase the price of the Package only where the Contract expressly reserves such right and only as a direct consequence of changes in:

(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources;

(b) the level of taxes or fees imposed by third parties not directly involved in the performance of the Package, including tourist taxes, landing taxes, embarkation or disembarkation fees at ports and airports; or

(c) the exchange rates relevant to the Package.

9.2. The Organizer shall notify the Traveler of any price increase in a clear and comprehensible manner on a durable medium, together with a justification for the increase and a calculation, no later than 20 days before the start of the Package.

9.3. If the price increase exceeds 8% of the total price of the Package, the Traveler may terminate the Contract without paying a termination fee within the period specified by the Organizer in the relevant notice.

9.4. Where the Contract provides for the possibility of price increases, the Traveler shall also be entitled to a corresponding price reduction where the costs referred to in Clause 9.1 decrease after the conclusion of the Contract and before the start of the Package.

9.5. In the event of a price reduction, the Organizer may deduct actual administrative expenses from the refund due to the Traveler, provided that the Organizer is able to substantiate such expenses upon request.

10. CHANGES BEFORE THE START OF THE PACKAGE

10.1. Any change requested by the Traveler after conclusion of the Contract shall be subject to availability and may result in additional costs.

10.2. The Organizer may make minor changes to the Package before the start date, provided that such changes do not significantly alter the main characteristics of the Package.

10.3. If, before the start of the Package, the Organizer is constrained to alter significantly any of the main characteristics of the travel services, cannot fulfil special requirements expressly accepted by the Organizer, or proposes to increase the price by more than 8%, the Organizer shall inform the Traveler without undue delay on a durable medium.

10.4. In the circumstances referred to in Clause 10.3, the Traveler may within the period stated by the Organizer:

(a) accept the proposed changes;

(b) accept a substitute package, if offered; or

(c) terminate the Contract without paying a termination fee.

10.5. Where the Contract is terminated under Clause 10.4(c), the Organizer shall refund all payments due without undue delay and in any event not later than 14 days after termination, subject to applicable mandatory law.

11. TRANSFER OF THE PACKAGE

11.1. The Traveler may transfer the Package to another person who satisfies all conditions applicable to the Contract, provided that the Organizer is given reasonable notice on a durable medium and, in any event, no later than 7 days before the start of the Package, unless a shorter period is accepted by the Organizer.

11.2. The person transferring the Package and the transferee shall be jointly and severally liable for the payment of the balance and for any additional fees, charges, or other costs arising from the transfer.

11.3. Any transfer-related costs charged by the Organizer shall not exceed the actual costs incurred and shall be substantiated upon request.

12. TERMINATION BY THE TRAVELER BEFORE THE START OF THE PACKAGE

12.1. The Traveler may terminate the Package Travel Contract at any time before the start of the Package.

12.2. Where the Traveler terminates the Contract under Clause 12.1, the Organizer may require the Traveler to pay an appropriate and justifiable termination fee.

12.3. The Organizer may apply standardised termination fees, provided that such fees are reasonable and reflect:

(a) the period between the termination of the Contract and the start of the Package;

(b) the expected cost savings;

(c) the income expected from the alternative deployment of the travel services.

12.4. Upon the Traveler's request, the Organizer shall provide a justification for the amount of any termination fee charged.

12.5. Unless otherwise specified in the Booking Summary in a manner consistent with applicable law, the following standardised termination fees shall apply:

(a) more than 21 days before the start date: loss of deposit only;

(b) 21 to 15 days before the start date: 50% of the total Package price;

(c) 14 days or less before the start date: up to 100% of the total Package price, provided always that such fees remain appropriate and justifiable in the circumstances of the booking.

12.6. No term of a third-party supplier shall automatically apply to the Traveler unless it has been expressly incorporated into the contractual documents in a transparent manner and only to the extent permitted by applicable mandatory law.

13. TERMINATION WITHOUT FEE DUE TO UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

13.1. The Traveler may terminate the Package Travel Contract before the start of the Package without paying any termination fee if unavoidable and extraordinary circumstances occur at the place of destination or in its immediate vicinity and such circumstances significantly affect:

(a) the performance of the Package; or

(b) the carriage of passengers to the destination.

13.2. In the event of termination under Clause 13.1, the Traveler shall be entitled to a full refund of all payments made for the Package, without undue delay and in any event not later than 14 days after the termination of the Contract.

13.3. No additional compensation shall be payable by the Organizer where the Contract is terminated under Clause 13.1, unless otherwise required by applicable mandatory law.

14. TERMINATION OR CANCELLATION BY THE ORGANIZER

14.1. The Organizer may terminate the Contract before the start of the Package where:

(a) the Traveler fails to pay amounts due within the period specified in a payment reminder;

(b) the minimum number of persons required for the Package, where expressly stated in the contractual documents, is not reached and the Traveler is notified within the period allowed by applicable law;

(c) the Organizer is prevented from performing the Contract because of unavoidable and extraordinary circumstances and notifies the Traveler without undue delay; or

(d) the Traveler commits a serious breach of the Contract before departure.

14.2. Where the Organizer terminates the Contract under Clause 14.1(b) or 14.1(c), the Traveler shall be entitled to a full refund of payments made for the Package, without undue delay and in any event not later than 14 days after termination, but shall not be entitled to additional compensation unless required by applicable law.

15. PERFORMANCE OF THE PACKAGE AND ORGANIZER'S RESPONSIBILITY

15.1. The Organizer is responsible for the proper performance of the travel services included in the Package Travel Contract, irrespective of whether such services are to be performed by the Organizer itself or by other travel service providers.

15.2. If any of the travel services are not performed in accordance with the Package Travel Contract, the Traveler shall inform the Organizer without undue delay, taking into account the circumstances of the case.

15.3. The Organizer shall remedy any lack of conformity, unless:

(a) it is impossible to do so; or

(b) the remedy would entail disproportionate costs, taking into account the extent of the lack of conformity and the value of the affected travel services.

15.4. Where the Organizer does not remedy the lack of conformity within a reasonable period set by the Traveler, the Traveler may do so and request reimbursement of the necessary expenses incurred, except where the Organizer refuses to remedy the lack of conformity because one of the conditions in Clause 15.3 applies.

15.5. Where a significant proportion of the travel services cannot be provided as agreed, the Organizer shall offer suitable alternative arrangements, where possible, at no extra cost to the Traveler.

15.6. The Traveler may be entitled to an appropriate price reduction and/or compensation in accordance with applicable mandatory law where the Package or any travel service is not performed in conformity with the Contract, unless the Organizer proves that the lack of conformity is attributable to:

(a) the Traveler;

(b) a third party unconnected with the provision of the travel services included in the Package and is unforeseeable or unavoidable; or

(c) unavoidable and extraordinary circumstances.

15.7. Nothing in these Terms shall exclude or reduce the Traveler's mandatory rights under applicable package travel legislation.

16. THIRD-PARTY SUPPLIERS

16.1. Certain components of the Package may be performed by independent third-party suppliers, including accommodation providers, transport providers, medical or SPA facilities, guides, and other local service providers.

16.2. The use of third-party suppliers shall not, by itself, affect the Organizer's responsibility for the proper performance of the Package in accordance with Clause 15 and applicable mandatory law.

16.3. The standards, classifications, operating rules, medical protocols, and local service conditions applicable to specific services may be determined by the relevant supplier in accordance with local law, licensing requirements, and professional standards.

16.4. Where the Organizer is required to provide a refund, price reduction, compensation, or reimbursement to the Traveler due to an act or omission of a third-party supplier, the Organizer reserves the right to seek redress from the relevant supplier to the extent permitted by law and the applicable supplier agreement.

17. MEDICAL AND SPA SERVICES

17.1. Where the Package includes medical, balneological, rehabilitation, wellness, SPA, or similar services, such services are provided by duly licensed or otherwise authorised third-party medical or wellness facilities and professionals, in accordance with local law and professional standards.

17.2. The Organizer acts solely as the organizer of the Package and is not a medical provider, clinic, hospital, physician, therapist, or healthcare practitioner.

17.3. The Organizer does not provide medical diagnosis, prescribe treatment, issue medical recommendations, or guarantee any therapeutic, rehabilitative, or wellness outcome.

17.4. The suitability, type, scope, frequency, and duration of any treatment, procedure, therapy, or wellness service shall be determined exclusively by the relevant facility and/or qualified medical or professional staff after assessment of the Traveler's condition.

17.5. The Traveler is solely responsible for providing complete, accurate, and timely information regarding their medical condition, medical history, pre-existing conditions, allergies, contraindications, medication, and any other circumstances relevant to the requested services.

17.6. The Traveler is strongly advised to consult an appropriately qualified medical professional before travel in order to determine whether the booked services are suitable for their personal condition and circumstances.

17.7. The relevant facility or professional may modify, limit, postpone, or refuse treatments or procedures on medical, safety, professional, or operational grounds.

17.8. The Organizer shall not be liable for:

(a) any medical decision taken by the treating facility or professional;

(b) any refusal, modification, or discontinuation of treatment based on medical assessment, safety concerns, or incomplete information provided by the Traveler;

(c) the absence of any specific therapeutic or medical result.

17.9. Nothing in this Clause shall reduce any mandatory rights of the Traveler arising under applicable package travel legislation in relation to the performance of the Package as a whole.

18. TRAVEL DOCUMENTS AND ENTRY REQUIREMENTS

18.1. The Traveler is responsible for holding a valid passport, visa, health documentation, insurance documentation, and any other travel or entry documents required for travel to, from, or through the destination or any transit country.

18.2. The Organizer may provide general information regarding entry requirements where appropriate, but the Traveler remains solely responsible for personal compliance with all such requirements.

18.3. Failure to comply with applicable travel or entry requirements may result in denied boarding, denied entry, missed services, or additional costs, for which the Organizer shall not be liable unless otherwise required by mandatory law.

19. INSOLVENCY PROTECTION AND TRAVELER INSURANCE

19.1. The Organizer maintains insolvency protection in accordance with the legal requirements applicable to the sale of the Package. The identity of the insolvency protection provider, its contact details, the scope of protection, and the procedure for making a claim shall be communicated to the Traveler in the contractual documents and/or a separate insolvency protection notice.

19.2. Where transport of passengers is included in the Package and repatriation is required under the applicable insolvency protection regime, such protection shall extend to repatriation in accordance with the terms of the applicable protection arrangement.

19.3. The Traveler shall be provided, before the conclusion of the Contract, with the standard information required by applicable package travel legislation, including information regarding insolvency protection.

19.4. Insolvency protection maintained by the Organizer is separate from, and does not replace, personal travel insurance of the Traveler.

19.5. The Traveler is strongly advised to obtain suitable travel insurance covering, where appropriate, medical expenses, pre-existing medical conditions, cancellation, curtailment, personal liability, and other travel-related risks.

19.6. Unless expressly stated otherwise in writing, the Organizer does not provide personal medical, cancellation, or general travel insurance for the Traveler as part of the Package.

20. ASSISTANCE IN DIFFICULTY

20.1. If the Traveler is in difficulty during the Package, the Organizer shall provide appropriate assistance without undue delay.

20.2. Such assistance may include, where appropriate:

(a) providing information on health services, local authorities, and consular assistance;

(b) helping the Traveler to make distance communications; and

(c) assisting the Traveler in finding alternative travel arrangements.

20.3. Where the difficulty is caused intentionally by the Traveler or through the Traveler's negligence, the Organizer may charge a reasonable fee for such assistance, provided that the fee shall not exceed the actual costs incurred by the Organizer.

21. COMPLAINTS AND NOTIFICATION OF LACK OF CONFORMITY

21.1. If the Traveler considers that any travel service included in the Package is not being performed in accordance with the Contract, the Traveler shall inform the Organizer without undue delay, taking into account the circumstances of the case.

21.2. The Traveler should, where appropriate, also notify the relevant local supplier or service provider at the time the issue arises, in order to allow the matter to be addressed as quickly as possible.

21.3. Prompt notification by the Traveler is important in order to give the Organizer a reasonable opportunity to remedy the lack of conformity, minimise disruption, and reduce avoidable losses.

21.4. After the completion of the Package, the Traveler may submit a written complaint to the Organizer, together with supporting documents and evidence, within a reasonable period after return.

21.5. A failure by the Traveler to notify the Organizer promptly may be taken into account only to the extent that such delay materially affected the Organizer's ability to remedy the issue or to mitigate avoidable losses, but shall not deprive the Traveler of any mandatory statutory rights.

21.6. The Organizer shall handle complaints in good faith and within a reasonable period, taking into account the nature and complexity of the matter.

22. TRAVELER CONDUCT

22.1. The Traveler shall behave in a lawful, respectful, and reasonable manner during the Package and shall comply with the reasonable rules of suppliers, facilities, transport providers, and local authorities.

22.2. The Organizer and/or the relevant supplier may terminate or refuse to continue services where the Traveler's conduct is unlawful, dangerous, abusive, seriously disruptive, or likely to endanger other persons, property, or the proper performance of the Package.

22.3. In such cases, the Traveler may be required to bear any resulting additional costs, losses, or damages, subject to applicable law.

23. ACCOMMODATION, TRANSPORT AND OPERATIONAL CONDITIONS

23.1. Accommodation classifications, ratings, and standards are determined according to local law and local market practice and may differ from those in other countries.

23.2. Images, descriptions, and promotional materials are illustrative unless expressly incorporated into the Contract.

23.3. Check-in, check-out, transfer, and transport times may be subject to reasonable operational changes.

23.4. Minor operational adjustments shall not in themselves constitute a significant change to the Package, provided that the main characteristics of the Package remain substantially as agreed.

24. DATA PROTECTION

24.1. The Organizer shall process personal data in accordance with applicable data protection legislation, including GDPR.

24.2. Personal data may be shared with suppliers, medical or SPA facilities, transport providers, insurers, payment institutions, and public authorities where necessary for the performance of the Contract, compliance with legal obligations, or protection of legitimate interests.

24.3. Further information regarding the processing of personal data shall be set out in the Organizer's Privacy Notice.

25. ONLINE COMMUNICATION

25.1. The Organizer may communicate with the Traveler by email and other agreed electronic means.

25.2. The Traveler is responsible for providing an accurate email address and monitoring communications relating to the booking.

25.3. Documents sent by email or in PDF form may constitute communication on a durable medium where legally sufficient.

26. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

26.1. Where unavoidable and extraordinary circumstances affect the performance of the Package, the rights and obligations of the parties shall be determined in accordance with the relevant clauses of the Contract and applicable mandatory law.

26.2. Nothing in this Clause shall remove or reduce any specific rights of the Traveler provided elsewhere in these Terms in relation to cancellation, refund, assistance, or performance of the Package.

27. LIMITATION OF LIABILITY

27.1. The Organizer's liability for the performance of the Package shall be determined in accordance with the Package Travel Contract, these Terms, and applicable mandatory law.

27.2. Nothing in the Contract or these Terms shall exclude or limit the Organizer's liability where such exclusion or limitation is not permitted by applicable mandatory law.

27.3. Where international conventions or statutory passenger rights regimes apply to travel services included in the Package, any limitation of liability provided for in such conventions or regimes may apply to the Organizer to the extent permitted by law.

27.4. The Traveler shall not be entitled to double recovery for the same loss where compensation, reimbursement, price reduction, or other remedies are available under more than one legal regime or from more than one responsible party.

27.5. To the extent permitted by applicable law, the Organizer shall not be liable for losses that are not caused by a lack of conformity in the performance of the Package or that are otherwise excluded under mandatory package travel legislation.

27.6. Any limitation or exclusion stated in these Terms shall be interpreted narrowly and subject always to the Traveler's mandatory statutory rights.

28. GOVERNING LAW, CONSUMER RIGHTS AND DISPUTES

28.1. The Contract shall be governed by Bulgarian law, subject always to any mandatory consumer protection provisions applicable to the Traveler which cannot lawfully be excluded by agreement.

28.2. The Organizer encourages the Traveler to contact the Organizer first in order to seek an amicable resolution of any complaint or dispute.

28.3. Any jurisdiction or dispute resolution clause contained in the contractual documents shall be interpreted subject to mandatory law and consumer protection rules applicable to the booking.

29. SEVERABILITY AND FINAL PROVISIONS

29.1. If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

29.2. No waiver by the Organizer of any breach of the Contract shall be deemed a waiver of any subsequent breach.

29.3. These Terms may be updated from time to time for future bookings. The version applicable to the Traveler's booking shall be the version provided or made available to the Traveler before the conclusion of the Contract.

29.4. In the event of any discrepancy between language versions of these Terms, the language version expressly specified in the Contract shall prevail, subject to mandatory law.

29.5. These Terms enter into force on the effective date stated in the booking documentation or on the Organizer's official website.

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