General Terms and Conditions of XCo Travel LTD
The General Terms are an inseparable part of the tourist travel contract with a common price and by making a reservation through the website or signing the contract, the user agrees with them.
1. XCo Travel LTD
1.1 XCo Travel LTD is a registered Tour Operator and Tour Agent with a license number: PK-01-8074 XCo Travel Ltd. and has a UIC: 205765038
Address of management: Sofia, 90 Cherni Vrah Blvd.
Phone contact: +359 895 551 247
Email: info @ basecamp.tours
1.2 The subject of these General Terms is the provision by XCo Travel Ltd. (hereinafter referred as Tour Operator) of organized trips with a total price for user (s) against payment of the agreed price by the users (s).
1.2.1 As a Tour Operator, XCo Travel LTD. publishes on its website all its and / or its partners tourist programs, to which these General Terms and Conditions shall apply, as well as the special conditions published in each offer.
1.2.2 As a Travel Agent, XCo Travel LTD. publishes on its website all partners tourist programs, to which the General Terms and Conditions of the provider / Tour operator shall apply and the conditions published in each offer.
1.3 “Consumer of organized single or group trips with a total price” is a person:
- which concludes a travel contract with a total price, or
- which agrees to conclude a tour contract with a common price, or
- on whose behalf and / or in favor of which a travel contract has been concluded or agreed to be concluded, or
- in favor of which the total cost of the tourist trip was transferred
2. RESERVATION FOR XCo Travel Ltd. Programs
2.1 The reservation for participation in the programs of XCo Travel Ltd. is made through the registration form on the website: https://basecamp.tours, by phone: +359 894 505 117 or by email: info @ basecamp.tours, as well as directly at the Tour Operator’s office.
2.2 After receiving the reservation, XCo Travel Ltd. team includes the participant in the list of the relevant program. Attention! This is just a reservation and does not guarantee your participation in the trip. Each reservation becomes valid after payment of the programs price and signing a contract.
2.3 Before making a reservation, each participant should be familiar with these general terms. When booking a program, it is assumed that the participant is familiar with the terms and agrees with them.
2.4 The reservation becomes valid and your place in the trip is secure after paying 50% of the travel price or paying the full amount for the trip (see point 4)
2.5 An organized travel contract may also be concluded in electronic form when it concerns a proposal, posted on the tour operator’s website by placing a marker in the “I agree to the general terms and content of the organized travel contract” box and subject to the relevant requirements of the The E-Commerce Act and the Consumer Protection Act.
3. VISAS AND PERSONAL DOCUMENTS
3.1 The tour operator is obliged to provide the user with information about the personal documents required during the trip, according to the law of the respective country in which the trip is taking place.
3.2 The issuing of visas for the respective country is in competence only of the respective Consulate and is not guaranteed by the Tour Operator. In case of refusal by the Consulate, the fees paid by the User for visa preparation will be withheld according to the requirements of the Consulate, in case that there is no other requirement, e.g. first night prepaid.
4. PRICES, PAYMENTS AND TERMS RELATED TO THEM
4.1 The prices of the excursions on XCo Travel Ltd. website can be announced in Bulgarian leva, US dollars or Euro.
4.2 The prices announced in USD (USD) or € (EURO) are paid to the tour operator in BGN at the BNB Central rate on the day of payment.
4.3 Payment is made in cash at the Tour Operator’s office, by credit or debit card through the basecamp.tours website or by bank transfer to the account of the Tour Operator.
Bank: Unicrecit Bulbank
4.4 Deposit. Unless otherwise stated, the amount of deposit is 50% of the total price of the trip. The user makes a deposit at the time of making a reservation or within 3 working days from the date of booking the excursion, unless otherwise stated in the program. In the absence of a deposit within the specified period, the reservation will be canceled.
4.5 Final payment
- 4.5.1. Programs in Bulgaria – up to 10 days before the departure date
- 4.5.2. International programs – up to 30 days before departure date, unless otherwise stated.
4.6 Prices are calculated by fixing the BNB for the respective currency.
ATTENTION! When paying with cards, the bank issued the card may apply additional chargers for the payer.
4.7 The tour operator has the right to increase the price of travel abroad if the value of transport fees, the amount of travel related fees, such as airports, ports and other fees increase after the contract is concluded till the start of the trip, and if the exchange rate changes from the moment of conclusion the contract to the start of the trip. The change is calculated based on the current BNB fixing for the respective value at the specific date of the change. Even if the above circumstances exist, the Tour Operator is not entitled to increase the price 20 days before the start of the trip.
4.8 In case that the Tour Operator is entitled to increase the cost of the trip by more than 5% for the same reasons listed in paragraph 4.7. The tour operator is obliged to notify the User about the change within two days after its occurrence, but no later than 20 days before the start date of the trip. The Consumer has the right to withdraw from the contract, without owing a penalty or compensation, in which case the user is obliged to notify the Tour Operator of his decision within 3 days of receiving the notification. In case the Consumer accepts the proposed increased price, the parties undertake to conclude an additional written agreement to the organized travel contract in connection with the change in the package price.
4.9 Each program describes what the price of the program includes. All expenses that are not mentioned in the “Price includes” section are considered as personal expenses and are not included in the price of the package.
4.10 In case when XCo Travel Ltd provides price information for services that are NOT included in the total price of the package (e.g. prices for museum entrances, additional excursions or food), it should be taken into account that these are guide prices and the company is not bound by their accuracy.
4.11 The Tour operator saves its right to provide discounts to its customers at its discretion.
5. PENALTIES AND TRAVEL CANCELLATIONS
5.1 In case the user cancels the trip and terminateс the contract, the Tour Operator deducts the following penalties for programs conducted in Bulgaria that are with or without ground transportation in the package:
- 5.1.1. Up to 20 calendar days before the date of the trip – no penalties.
- 5.1.2. From 19 to 11 calendar days before the date of the trip – 50% of the deposit.
- 5.1.3. 10 or less calendar days before the date of the trip – 100% from the total price of the organised trip.
5.2 In case the user cancels the trip and terminates the contract, the Tour Operator deducts the following penalties for programs conducted outside Bulgaria that are with or without ground transportation in the package:
- 5.2.1. Up to 30 calendar days before the date of the trip – no penalties.
- 5.2.2. From 29 to 15 calendar days before the date of the trip – 50% of the deposit.
- 5.2.3. 14 or less calendar days before the date of the trip – 100% from the total price of the organised trip.
5.3 In case the user cancels the trip and terminates the contract, the Tour Operator deducts the following penalties for programs that include air transport in the package:
- 5.3.1. Up to 55 calendar days before date of the trip – no penalties.
- 5.3.2. From 54 to 35 calendar days before the date of the trip – 50% of the deposit.
- 5.3.3. From 34 to 20 calendar days before the date of the trip – 100% of the deposit.
- 5.3.4. From 19 calendar days to the date of travel – 100% from the total price of the organized trip.
5.4 Assignment of rights.
- 5.4.1. The tourist has the right to transfer his rights and obligations subject to this contract to a third party, who meets all the requirements for the trip by informing the tour operator within the terms of cancellation of the trip, without owing any penalty from this contract, and together with the third party bears a joint responsibility and several liability for obligations under the contract and pays the expenses of the transfer.
- 5.4.2. After the expiry of the specified period, the transfer of the rights shall be forfeited in accordance with the General Terms.
5.5 COVID Terms and Condition
- 5.5.1. If any of our programs is being cancelled due to official COVID-related restrictions, you will receive full refund.
- 5.5.2. If you are not able to take part in our program due to COVID-related quarantine, you will receive full refund after you provide us with a document proving this condition – either positive PCR test or any other official statement. This is valid no matter of the time when you notify us.
- 5.5.3. Above given conditions are valid for programs in Bulgaria and abroad.
6. RESPONSIBILITIES AND CLAIMS
6.1 The Tour Operator is not responsible for any failure or inaccurate performance of this contract and does not owe penalties if the reasons for this are due to:
- The user, incl. his / her absence at a specific place at the time of departure;
- Actions of a third person that is not related to the performance of the contract;
- Force majeure – Force majeure is an unforeseen or unforeseeable event of an extraordinary nature, occurring after the conclusion of the contract, which cannot be foreseen or avoided by the Tour Operator and his contractors in good faith in fulfilling their obligations. An insurmountable event is considered to be: delays at border points, complicated road conditions, road accidents, incl. strikes by airlines and ferry companies, all kinds of border checkpoints conducted by the inspection bodies and are taking more time than expected, refusal of medical assistance by a tourist in the group, an event that restricts the movement of tourists to the site of tourist sites and other exceptional circumstances. In these cases, the Tour Operator saves its right to make changes to the program and to act according to the specific situation;
- for services that the user has purchased individually on the spot and not through his representative;
- in case the user lost his personal documents, the guide / driver can cooperate without violating the provided time of the tourist program. In case of forgotten possessions in the hotel, expenses incurred for telephone calls and others, are at the expense of the user.
- The Tour Operator is not responsible for damages caused by failure to perform or inaccurate performance of the contract due to the User, including when due to alcohol or drug intoxication the User impedes the execution of the program. The Tour Operator is not responsible and will not owe any compensation or penalties if, due to hooliganism by the user, the Tour Operator has refused the performance of services or had to completely remove the User from the tourist program by conducting a record based document of on-site officials or other tourists.
6.2 All disputes concerning the implementation of this contract will be settled by mutual agreement by the parties. In case that an agreement cannot be reached, they will be referred to a competent Bulgarian court.
6.3 In case that facts of non-fulfillment or inaccurate fulfillment of the terms in this contract are found during the trip, the user is obliged to inform the service provider on the spot immediately, as well as to notify in writing the Tour Operator or his representative on the spot immediately with a view to timely taking measures that satisfies all the stakeholders.
6.4 In case the claim is not satisfied on the spot, the user has the right to duly file a claim containing a detailed description of the facts and circumstances related to the failure within 14 / fourteen / days after the end of the tourist trip, subject of the contract. In case the claim is presented verbally, the Tour Operator draws up and signs a protocol with the User for the claim filed.
6.5 The tour operator is obliged to take an opinion on the claim within 30 / thirty / days from the date of its receipt. The tour operator leaves without consideration the claim for which it has not been notified in accordance with Art. 6.3.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1 TOUR OPERATOR’S RIGHTS AND OBLIGATIONS.
- 7.1.1. The tour operator is fully responsible for the quality of all tourist services included in the program in accordance with the terms of the contract.
- 7.1.2. The Tour Operator has concluded the Insurance “Responsibility of the Tour Operator” under Art. Art. 97 (1) of the Insurance Company at “EUROINS INSURANCE COMPANY” AD with policy number “065 0000232/001”
- 7.1.3. The Tour operator saves his right to change the specified hotels, restaurants or entertainments with equivalent of the same category within 2 days of the circumstances necessitating the change, but not later than 10 days before the trip. This change is considered insignificant and the customer has no right to cancel the trip due to that reason.
- 7.1.4. In cases when the Tour Operator makes a significant changes in some of the essential clauses of the organized travel contract, he is obliged to notify the User immediately, not later than 10 days before the start date of the trip. The acceptance of the changes is certified by an additional agreement to the contract.
- 7.1.5. The Tour operator has the right to increase the agreed total package price of the trip latest 20 / twenty / days before the start date of the trip by promptly notify the customer about the changes in case of increasing the:
- 126.96.36.199. Transportation expenses incl. fuel;
- 188.8.131.52. Increasing the amount of fees related to the used contract services such as airport, port and other fees;
- 184.108.40.206. Change in the exchange rate relevant to the contract in the period between its conclusion and the date of departure.
- 220.127.116.11. Change in the price with less than 5% is considered insignificant and is not a reason for cancelling the trip.
- 7.1.6. The tour operator is obliged to inform the User in written form about the changes in the total price within 2 days after the occurrence of circumstances under Art. 2.1.7
- 7.1.7. The tour operator has the right to cancel the trip if the required minimum number of participants is not recruited or if the cancellation is due to force majeure. In these cases, the Tour Operator is not responsible for the non-performance of the Contract by returning to the User all amounts paid without this part for the actual expenses / cancellation fee of the insurances concluded on behalf of and at the expense of the User, a fine for returned of airline tickets for scheduled flights in accordance with the rules of the respective airline, visa fees and other requested by the user and paid in advance additional services paid to third person-contractors of the Tour Operator and according to the rules of these third person are non – refundable. The actual expenses incurred will be certified by duly completed documents.
- 7.1.8. In case of a strike, cancellation of a flight or bankruptcy of an airline, as well as failure to recruit the minimum number of participants according to the program at the express request of the User, the Tour Operator may offer implementation of the travel with another airline or with a smaller number of participants. In this case, the Tour Operator shall indicate the price of the trip valid under the changed conditions.
- 7.1.9. The tour operator is not responsible and does not compensate tourists who refuse the consumption of certain services or have voluntarily deviated from the program and therefore have omitted one or other services under the previously agreed program. The tour operator does not reimburse or compensate tourists for expenses outside the tourist package. The tour operator does not bear the expenses related with the consumation of food and drink outside the standard boarding house specified in the contract.
- 7.1.10. The responsibility of the Tour Operator in case of incorrect performance of this contract is up to the amount between the price of the service contracted in this contract and the service actually provided.
- 7.1.11. In cases when the responsibility of the Tour Operator’s counterparties for damages caused by the failure to perform the services is limited by international contracts ratified, published in the State Gazette and entered into force for the Republic of Bulgaria, the responsibility of the Tour Operator is within these limits.
- 7.1.12. In case when the user does not make payments within the deadlines, it is considered that he wishes to terminate the contract with the resulting consequences, in accordance with the provisions of Section 5.
- 7.1.13. The user has the right to receive compensation at the amount equal to the deposit provided in case of complete failure of the contract by the Tour Operator and through the fault of the latter.
- 7.1.14. The Tour operator has the right at any time of the trip to unilaterally refuse to provide part of the services included in the package without paying any penalties in case the tourist poses a serious risk to the safety or comfort of the other tourists, employees or contractors of the tour operator or of government or municipal officials in the host country or for the successful continuation of the trip. In this case, the Tour Operator shall not owe a refund of the amounts paid by the User under the contract, if these amounts have been paid to third person-contractors of the Tour Operator and, according to the rules of these third person, the respective amounts are not refundable, and he is entitled to compensation for all caused misconduct of the tourist.
- 7.1.15. The Tour operator is not responsible for the fines and other sanctions imposed on the Tourist by the authorized person in the host country for the offenses committed by the Tourist such as dumping garbage in an unregulated place, smoking in a public place, obscene appearance and / or behavior, non-compliance with traffic rules and et al. similar.
- 7.1.16. Due to the dynamic situation of COVID-19, the Tour Operator has the right to make changes to the program in order to comply with all anti-epidemiological regulations. Each participant is required to declare in writing their consent to comply with the legally adopted safety measures, and the tour guide has an obligation to monitor their implementation.
7.2 CONSUMER RIGHTS AND OBLIGATIONS
- 7.2.1. The User is obliged to notify the Tour Operator immediately upon changing the address, number of personal documents or communication method specified in this contract.
- 7.2.2. The consumer is obliged to pay in full and within the terms stipulated in the Contract the value of the tourist services.
- 7.2.3. The user is obliged to obey the laws of the country for which he travels.
- 7.2.4. Consumers who intend to travel and stay in countries with a higher risk of infectious diseases are required to undergo appropriate prophylaxis according to international medical requirements.
- 7.2.5. The User is obliged to provide the necessary personal documents with the relevant validity for trips abroad – an identity card with a validity period up to the end date of the trip or an international passport with a validity of 6 months from the end date of the trip.
- 7.2.6. For children under the age of 18 traveling alone or with one of their parents – in addition to the required ID, a notarized declaration of one or both parents that they agree to travel abroad with a notary’s telephone is additionally required. The original declaration and 2 copies must be carried during the journey.
- 7.2.7. In the event of a change in the price of the trip or in the event of a change in one of the main clauses of the contract, the User has the right to accept the changes or to cancel the trip as:
- 18.104.22.168. Accept the change in the total price, pay the amount due on the difference and sign an additional agreement.
- 22.214.171.124. Refuse without penalty or compensation if the increase in the total price is more than 5%.
- In the cases of 7.2.7. The consumer shall inform the Tour operator or the travel agent of its decision within three days of receiving the notification, but not later than 7 days before the start date of the trip. In case the User has not informed the Tour Operator within the specified period, it is considered that he accepts the change.
- 7.2.8. In the case of item 126.96.36.199. , The user has the right to choose one of the following options:
- another trip of the same or higher quality;
- another trip with a lower total cost, in which case the Tour Operator reimburses the difference in price between the canceled and the offered trip, or
- to reimburse him the sums paid by him under the contract within 7 days from the date of the written notice of refusal.
- 7.2.9. The User shall be entitled to receive compensation for the damage suffered by the Tour Operator through the culpable failure to fulfill the tourist trip program, except for the cases where this is due to:
- 188.8.131.52. Actions of a third party not related to the performance of the contract that cannot be foreseen or avoided.
- 184.108.40.206. Force majeure or event that cannot be foreseen or avoided by the Tour Operator.
- 7.2.10. In the event that the User voluntarily terminates his journey, during the duration of the trip, all additional costs, including transportation, shall be borne by him. In this case, the User may have no claim for a refund of part of the value of the requested but unused services.
- 7.2.11. The user is entitled to transfer his right to travel to a third party who satisfies all the travel requirements within the time limits described in section 5.
- 7.2.12. The User is obliged to observe precisely the announced starting hours for departure and to appear in a condition and appearance that allow him to participate in the trip and which do not cause discomfort to other tourists and to the employees of the tour operator and its contractors. In the event that for the reasons stated, additiotnal costs for the Tourist or for the Tour operator occure, they are fully borne by the User.
- 7.2.13. The user is obliged to provide written information (at info @ basecamp.tours) about his health status to the Tour Operator in case he suffers from chronic or congenital diseases that could endanger his life during the trip. In the event of an incident related to a chronic or congenital disease of the User for which the Tour Operator has not been notified in the order described, the Tour Operator or its contractors are not responsible.
- 7.2.14. Due to the dynamic situation of COVID-19, the User is obliged to declare that he/she has had no symptoms and has not been diagnosed with COVID-19 in the last 14 days. Otherwise, the Tour Operator has the right not to allow him/her to participate in the program in order to maintain group safety.
8. ORDER FOR AMENDMENT AND TERMINATION OF THE CONTRACT
8.1 Either party has the right to request an amendment or to terminate the Contract in respect of material changes to the circumstances in which the Treaty was concluded. The party requesting the amendment shall demonstrate substantial changes in the circumstances necessitating the change requested.
8.2 All agreements between the parties amending or terminating the organized travel contract shall be made in writing.
9. OTHER CONDITIONS
9.1 These General Terms and Conditions have been prepared in accordance with the Tourism Act and the Bulgarian legislation.
9.2 All amendments between the parties in writing shall be considered an integral part of the contract.
9.3 All disputes concerning the implementation of the Organized Travel Agreement will be settled by mutual agreement of the Parties. In the event that they do not agree, disputes between the parties will be settled by the competent Bulgarian court.
9.4 The General Terms and Conditions are an integral part of the Organized Travel Contract of XCo Travel Ltd.