TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS FOR RESERVATION, PARTICIPATION AND CANCELLATION IN MOUNTAIN TALK LTD'S TRIPS AND CLIMBS

The general terms and conditions are an integral part of the clients' travel contract and by making a reservation through the website or signing the contract, the user agrees to them.

Mountain Talk LTD

1.1. Mountain Talk LTD is a registered commercial company and a registered tour operator with certificate number PK-01-8183.

Маунтън толк ЕООД е с ЕИК: 206111550 и адрес на управление: гр. Разлог, ул. Братя Каназиреви 9
Owner: Катя Бранкова
Phone: +359887990753
Website: www.mountain-talk.eu
email: info@mountain-talk.eu

1.2. The subject of these general terms and conditions is the provision by Mountain Talk Ltd. of mountain guiding services to the client in eschange payment by the client.

1.3. A "Client" is a person:

a) who signs a contract for travel, or

b) who gives consent to enter into a travel contract, or

c) on whose behalf and/or in whose favor a travel contract was signed or agreed to be signed, or

d) in favor of whom the trip was transferred.

2. 2. RESERVATION FOR MOUNTAIN TALK TRIPS AND CLIMBS

2.1. Reservations for participation in Mountain Talk trips are made online using the request form for each trip published on the Mountain Talk website - www.mountain-talk.eu or on the following contact numbers: +359887990753

2.2. After receiving the reservation, the Mountain Talk team includes the participant in the trip list. Attention! This is a pre-booking only and does not guarantee you participation in the trip. Each reservation becomes valid only after paying for the trip and signing a contract.

2.3. Before making a reservation, each participant should familiarize themselves with these general conditions. When booking a trip, it is assumed that the participant is familiar with the general terms and conditions and agrees with them.

2.4. The reservation becomes valid and your place on the trip you have chosen is secure after paying a deposit of 50% of the trip price or paying the full price of the trip(see article 4)

3. VISAS AND PERSONAL DOCUMENTS

3.1. Mountain Talk EOOD undertakes to provide information to the user about the personal documents required during travel according to the legislation of the respective country in which a given trip will take place.

3.2. Issuing visas for the respective country is the sole competence of the relevant Embassy and is not guaranteed by Mountain Talk Ltd. In case of refusal by the Embassy, the fees paid by the User for the preparation of a visa will be withheld according to the requirements of the embassy, provided that there is no other requirement, for example a prepaid first night.

4. PRICES, PAYMENTS AND TERMS RELATING TO THEM

4.1. The prices of the trips on the Mountain Talk EOOD website can be announced in Bulgarian leva, US dollars or Euros.

2. The prices in USD (US dollar) or € (euro) are paid at the central exchange rate of the Bulgarian National Bank on the day of payment and are paid to Mountain Talk LTD in BGN.

4.3. All payments are made in BGN by bank transfer to the account of Mountain Talk LTD. The account details are:

Bank: DSK Bank
IBAN: BG24STSA93000027105726
BIC: STSABGSF
Beneficiary: Mountain Talk LTD

4.4. Deposit. Unless otherwise stated, the deposit amount is 50% of the price of the trip. The user pays the deposit at the time of booking or up to 3 working days from the date of booking the excursion, if no other period is explicitly mentioned in the trip description.

4.5. Final payment

4.5.1. Weekend programs in Bulgaria and abroad with a length of up to 3 days - up to 5 days from the date of departure

4.5.2. Programs longer than 3 days in Bulgaria - up to 7 days before the departure date

4.5.3. Travels abroad

4.5.3.1. For bus tours – 30 calendar days before the departure date, unless otherwise stated.

4.5.3.2. For trips via airplane – 55 calendar days before the departure date, unless otherwise stated.

4.6. The prices are calculated according to the rates of the BNB for the respective currency

4.7. Mountain Talk Ltd. has the right to increase the price of trips abroad if the value of transport costs, the amount of fees related to the trip, such as airport, port and other fees, increase after signing the contract and before the start of the trip, as well as if any changes occur in the exchange rate from the moment of contract signing to the start date of the trip. The change is calculated according to the current rates of the BNB for the relevant currency on the specific date of the change. Even if the above circumstances are present, Mountain Talk EOOD has no right to increase the price sooner than 20 days before the start of the trip.

4.8. In cases where Mountain Talk Ltd. has the right to increase the price of the trip by more than 5% for the same reasons listed in item 4.7. Mountain Talk Ltd. is obliged to notify the User of the change within two days of its occurrence, but no later than 20 days before the start date of the trip. The user has the right to withdraw from the contract without paying penalty or compensation, in which case he is obliged to notify Mountain Talk EOOD of his decision within three days of receiving the notification. In the case of accepting the increased price thus proposed, the parties undertake to sign an additional written agreement to the contract for organized travel in realtion to the change in the price.

4.9. For each trip, what is included in the price of the program is explicitly described. All expenses that are not explicitly mentioned in the "Price includes" section are considered personal expenses and are not included in the price of the travel package.

4.10. In the event that Mountain Talk provides information on the prices of services that are NOT included in the total price of the package (for example, prices for museum entrances, additional excursions or food), it should be noted that these prices are indicative and the company does not guarantee their accuracy.

4.11. Mountain Talk Ltd. reserves the right to provide discounts to its customers at its own discretion.

5. PENALTIES AND TRIP CANCELLATIONS

5.1. In case of cancellation of a trip to Bulgaria 5 days or less from the date of the trip by the User, Mountain Talk Ltd. deducts 100% of the price of the organized trip.

5.2. In case of cancellation of the trip and termination of the contract by the User, Mountain Talk EOOD deducts the following penalties for the programs abroad in which travel by bus is carried out:

5.2.1. More than 20 calendar days before the travel date - no penalties.

5.2.2. From 19 to 14 calendar days before the date of the trip - 50% of the deposit.

5.2.3. From 13 to 7 calendar days before the date of the trip - 75% of the price of the trip.

5.2.4. Less than 7 calendar days before the date of the trip – 100% of the price of the trip.

5.3. In case of trip cancellation and termination of the Contract by the User, Mountain Talk LTD deducts the following penalties for trips via airplane:

5.3.1. More than 55 calendar days before the travel date - no penalties.

5.3.2. From 54 to 20 calendar days before the date of the trip - 100% of the deposited amount.

5.3.3. From 19 calendar days to the date of travel – 100% of the trip's price.

5.4. Transfer of Rights.

5.4.1. The client has the right to transfer his rights and obligations under this contract to a third party who meets all the requirements for the trip by notifying Mountain Talk LTD within the travel cancellation period, without paying a penalty under this contract, and together with the third party, he bears joint liability for the obligations under the contract and pays the costs of the transfer.

5.4.2. After expiration of the specified period, the transfer of rights is subject to a penalty in accordance with the General Terms and Conditions.

6. LIABILITIES AND CLAIMS

6.1. Mountain Talk LTD is not responsible for non-performance or inaccurate performance of this Contract and does not owe penalties if the reasons for this are due to:

a) The Client, including his failure to appear at the place and time specified for departure;

b) actions of a third party unrelated to the execution of the Contract;

c) Force majeure – force majeure is an unforeseen or unpreventable event of an extraordinary nature that occurred after the conclusion of the contract, which cannot be foreseen or avoided by Mountain Talk Ltd. and its counterparties in the conscientious performance of their obligations. An insurmountable event is considered to be: delay at border points, complicated situation on the roads, road accident and accident, incl. strikes by airlines and ferry companies, any kind of checks at border crossings by control authorities taking longer than expected, refusing medical assistance to a tourist in the group, an event taking place that restricts the movement of tourists to the tourist site sites and other exceptional circumstances. In these cases, Mountain Talk Ltd. reserves the right to make changes to the program and to take actions according to the specific situation;

d) for services that the User has purchased individually on the spot;

e) in the case of lost personal documents by the Client, the tour guide/guide can assist without disrupting the scheduled tourist program. In the case of forgotten items at the hotel, the costs incurred for the telephone and others are at the expense of the Client.

f) Mountain Talk EOOD is not responsible for damages caused by non-fulfillment or inaccurate fulfillment of the contract, which are due to the Client, including when, due to abuse of alcohol or narcotic substances, the implementation of the program is hindered. Mountain Talk LTD is not responsible and does not owe any compensation or penalties if, due to hooliganism on the part of the Client, Mountain Talk LTD refused to provide him with services or had to remove him entirely from the tourist program, as documented by a protocol of attendees on site officials or other tourists.

6.2. All disputes regarding the implementation of this Contract will be resolved by mutual consent of the parties. In the event that agreement cannot be reached, they will be referred to a competent Bulgarian court.

6.3. In the event that, during the trip, facts of non-fulfillment or inaccurate fulfillment of the terms of this Agreement are established, the Client undertakes to immediately notify the service provider on the spot, as well as to immediately notify Mountain Talk LTD or its on-site representative in writing with a view to promptly taking measures that satisfy all interested parties.

6.4. In the event that the complaint is not satisfied on the spot, the Client has the right to properly submit a complaint containing a detailed description of the facts and circumstances related to the non-performance within 14 /fourteen/ days after completion of the tourist trip, subject of the contract. In the event that the complaint is submitted verbally, Mountain Talk LTD draws up and together with the Client signs a protocol for the submitted complaint.

6.5. Mountain Talk LTD undertakes to take an opinion on the claim within 30 /thirty/ days from the date of its receipt. Mountain Talk LTD leaves without consideration a claim for which it has not been notified in accordance with Article 6.3.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. Rights and obligations of Mountain Talk Ltd.

7.1.1. Mountain Talk Ltd. bears full responsibility for the quality of all tourist services included in the program in accordance with the terms of the contract.

7.1.3. Mountain Talk Ltd. reserves the right to change the specified hotels, restaurants or entertainment establishments with equivalent ones of the same category within 2 days of the occurrence of the circumstances that necessitate the change, but no later than 10 days before the trip. This change is considered minor and the customer does not have the right to cancel the trip for this reason.

7.1.4. In cases where Mountain Talk LTD makes a significant change in some of the essential clauses of the contract for an organized trip, it is obliged to notify the User immediately, but no later than 10 days before the start date of the trip. Acceptance of the changes is certified by an additional agreement to the contract.

7.1.5. Mountain Talk LTD has the right to increase the agreed price of the trip no later than 20 /twenty/ days before the start date of the trip, promptly notifying the User of this change when increasing:

7.1.5.1. Transport costs, incl. the cost of fuel;

7.1.5.2. Increasing the amount of fees related to services used under the contract such as airport, port and other fees;

7.1.5.3. Change in the exchange rate applicable to the contract in the period between its conclusion and the date of departure.

7.1.5.4. A price change of less than 5% is considered insignificant and is not a reason to refuse a trip.

7.1.6. Mountain Talk EOOD undertakes to inform the Client in writing about the price change within 2 days after the occurrence of the circumstances under Art. 2.1.7.

7.1.7. Mountain Talk Ltd. has the right to cancel the trip if the required minimum number of participants has not been collected or if the cancellation is due to force majeure. In these cases, Mountain Talk LTD is not responsible for the non-fulfillment of the Agreement by returning to the Client all paid sums without this part of them for the actual costs incurred / fee for cancellation of insurances concluded on behalf and at the expense of the Client, fine for returned plane tickets for regular flights in accordance with the rules of the relevant airline, visa fees and other additional services requested by the client and paid in advance, which are paid to third parties-counterparts of Mountain Talk LTD and according to the rules of these third parties are not subject to return/. The actual expenses incurred are certified by duly prepared documents.

7.1.8.1. In the event of a strike, flight cancellation or bankruptcy of an airline, as well as in case of failure to recruit the minimum number of participants for the program, at the explicit request of the Client, Mountain Talk Ltd. may offer to carry out the trip with another airline or with a smaller number of participants. In this case, Mountain Talk Ltd. indicates a price of the trip valid under the changed conditions.

7.1.9. Mountain Talk LTD is not responsible, does not compensate the tourists who refused to consume individual services or voluntarily deviated from the program and therefore missed one or other services under the pre-agreed program. Mountain Talk Ltd. does not reimburse or compensate tourists for expenses outside the tourist package. Mountain Talk Ltd. does not bear costs related to the consumption of food and drinks outside the standard courses specified in the contract.

7.1.10. Mountain Talk LTD's liability for inaccurate performance of this contract is up to the amount of the difference between the price of the service agreed in this contract and the service actually provided.

7.1.11. In cases where the liability of the counterparties of Mountain Talk Ltd. for damages caused by the non-performance of the services is limited by international agreements, ratified, promulgated in the "State Gazette" and entered into force for the Republic of Bulgaria, the liability of Mountain Talk Ltd. is within of these restrictions.

7.1.12. In the event that the Client does not make payments within the established terms, it is considered that he wishes to terminate the contract with the resulting consequences, according to the provisions of section 5.

7.1.13. The client has the right to receive compensation of a value equal to the provided deposit in case of complete non-fulfillment of the contract by Mountain Talk LTD and due to the fault of the latter.

7.1.14. Mountain Talk Ltd. has the right at any moment during the trip to unilaterally refuse to provide part of the services included in the package without paying penalties or compensation in the event that the tourist's behavior creates a serious risk for the safety or comfort of other tourists, employees or contractors of Mountain Talk LTD or government or municipal officials in the host country, or for the successful continuation of the trip. In this case, Mountain Talk LTD does not owe a refund of sums paid by the Client under the contract, if these sums were paid to third parties-counterparts of Mountain Talk LTD and according to the rules of these third parties, the corresponding sums are not subject to return, and is entitled to compensation for all damages caused to the company by the illegal behavior of the tourist.

7.1.15. Mountain Talk Ltd. is not responsible for fines and other sanctions imposed on the tourist by authorized persons in the host country for offenses committed by the tourist, such as throwing garbage in an unregulated place, smoking in a public place, indecent appearance and/or behavior, non-compliance with the rules of movement etc.

7.2. Rights and obligations of the CLIENT

7.2.1. The client undertakes to notify Mountain Talk EOOD immediately upon changing the address, the number of the personal documents or the method of communication specified in this contract.

7.2.2. The client undertakes to pay in full and within the terms established in the Agreement the value of the tourist services.

7.2.3. The client undertakes to comply with the laws of the country to which he is traveling.

7.2.4. A Client who intends to travel and stay in countries with an increased risk of infectious diseases is obliged to undergo appropriate prophylaxis according to international medical requirements.

7.2.5. The client undertakes to provide the necessary personal documents with the relevant validity for trips outside the country - an identity card with a validity period until the end date of the trip or an international passport with a validity period of 6 months from the end date of the trip.

7.2.6. For children under 18, traveling alone or with one of the parents - in addition to the required identity document, a notarized statement from one/both parents that they agree to their child traveling abroad, with the notary's phone number, is additionally required. The original declaration and 2 copies should be carried during the journey.

7.2.7. If the price of a trip is changed or if any of the main clauses of the contract are changed, the User has the right to accept the changes or refuse the trip, such as:

7.2.7.1. To accept the change in the total price, pay the amount due for the difference and sign an additional agreement.

7.2.7.2. Refuse without penalty or compensation if the price increase is more than 5%.

In the cases under 7.2.7. The client notifies Mountain Talk Ltd. or the travel agent of his decision within three days of receiving the notification, but no later than 7 days before the start date of the trip. In the event that the client has not notified Mountain Talk LTD within the specified period, the client is considered to have accepted the change.

7.2.8. In the case of item 7.2.7.2. , The client has the right to choose one of the following options:

– another trip of the same or higher quality;

- another trip with a lower price, as in this case Mountain Talk EOOD refunds the price difference between the canceled and proposed trip or

- to be reimbursed for the sums paid under the contract within 7 days from the date of the written notification of refusal.

7.2.9. The client has the right to receive compensation for failure of Mountain Talk LTD to implement the travel program, and for proven damages, except in cases where this is due to:

7.2.9.1. Actions of a third party unrelated to the performance of the contract, which cannot be foreseen or avoided.

7.2.9.2. Force majeure or an event that cannot be foreseen or avoided by Mountain Talk Ltd.

7.2.10. In the event that the cllient voluntarily terminates their trip, while it is happening, all additional costs, including transport costs, are at the client's expense. In this case, the client cannot have claims for a refund of part of the value of the requested but unused services.

7.2.11. The client has the right to transfer his right to travel to a third party meeting all the requirements for the trip according to the terms described in section 5.

7.2.12. The client is obliged to observe exactly the announced start times for departure and appear in a condition and appearance that allow the client to participate in the trip and which do not cause inconvenience to other tourists and the employees of Mountain Talk Ltd. and its contractors. In the event that, due to the stated reasons, the tourist or Mountain Talk LTD incurs additional costs, the same shall be fully borne by the client.

7.2.13. The client is obliged to provide information in writing about his state of health to Mountain Talk LTD in case he suffers from chronic or congenital diseases that may endanger his life during the trip. In the event of an incident related to a chronic or congenital illness of the User, for which Mountain Talk LTD is not notified in the manner described, Mountain Talk LTD or its contractors are not responsible.

8. PROCEDURE FOR AMENDMENT AND TERMINATION OF THE CONTRACT

8.1. Each of the parties has the right to request an amendment or terminate the Contract in connection with significant changes in the circumstances under which the Contract was signed. The party requesting the amendment proves the existence of substantial changes in the circumstances necessitating the requested amendment.

8.2. All agreements between the parties amending or terminating the contract for organized travel shall be concluded in writing.

9. OTHER TERMS

9.1. These General Terms and Conditions have been drawn up in accordance with the Tourism Act and Bulgarian legislation.

9.2. All amendments and additions between the parties in writing are considered an integral part of the contract.

9.3. All disputes regarding the implementation of the Contract will be resolved by mutual agreement of the parties. In the event that they do not reach an agreement, the disputes between the parties will be resolved by the competent Bulgarian court.

9.4. The general terms and conditions are an integral part of the contract for organized travel of "Mountain Talk" LTD.