Terms and Conditions
These General Terms and Conditions are an integral part of the tourist travel contract, and by making a reservation through the website or signing the contract, the User agrees to them.
1. MOUNTAIN TALK LTD.
1.1. Mountain Talk Ltd. is a registered commercial company and a registered tour operator with certificate number РК-01-8183.
Mountain Talk Ltd. has UIC: 206111550 and registered office address: 9 Bratya Kanazirevi St., Razlog
Manager: Katya Brankova
Contact 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 User against payment by the User.
1.3. “User” is a person:
a) who concludes a tourist travel contract, or
b) who agrees to conclude a tourist travel contract, or
c) who has submitted an application through the company's website for the respective program and confirmed the accuracy of their data, or
d) on whose behalf and/or for whose benefit a tourist travel contract has been concluded or an agreement has been reached to conclude such a contract, or
e) to whose benefit the tourist travel has been transferred.
2. BOOKING FOR MOUNTAIN TALK PROGRAMS
2.1. Reservations for participation in Mountain Talk excursions are made online through the application form for each excursion published on the Mountain Talk website – www.mountain-talk.eu, or at the following contact phone numbers: +359887990753, +359888134081.
2.2. After receiving the reservation, the Mountain Talk team includes the participant in the list for the excursion. Attention! This is only a preliminary reservation and does not guarantee your participation in the trip. Each reservation becomes valid only after payment for the excursion and confirmation from us that we have received the payment.
2.3. Before making a reservation, each participant should familiarize themselves with these General Terms and Conditions. By booking a particular program, the participant is considered to be familiar with the General Terms and Conditions and to agree to them.
2.4. The reservation becomes valid and your place on the trip you have selected is secured after payment of a deposit equal to 50% of the price of the trip or payment of the full amount for the excursion (see Section 4).
3. VISAS AND PERSONAL DOCUMENTS
3.1. Mountain Talk Ltd. undertakes to provide the User with information regarding the personal documents required during travel in accordance with the legislation of the respective country in which the excursion will take place.
3.2. The issuance of visas for the respective country falls solely within the competence of the respective Consulate and is not guaranteed by Mountain Talk Ltd. In the event of refusal by the Consulate, the visa processing fees paid by the User will be retained in accordance with the requirements of the Consulate, provided that there is no other requirement, such as a prepaid first night's accommodation.
4. PRICES, PAYMENTS AND RELATED DEADLINES
4.1. The prices of excursions on the Mountain Talk Ltd. website may be announced in Bulgarian leva, US dollars or euros.
4.2. Prices announced in USD (US dollars) or € (euros) are paid according to the central exchange rate of the Bulgarian National Bank on the day of payment and are paid to Mountain Talk Ltd. in Bulgarian leva.
4.3. All payments are made in Bulgarian leva 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 specified, the deposit is 50% of the price of the excursion. The User pays the deposit at the time of making the reservation or within 3 working days from the date of booking the excursion, unless another deadline is expressly specified in the program.
4.5. Final payment
4.5.1. Weekend programs in Bulgaria and abroad lasting up to 3 days – up to 5 days before the departure date
4.5.2. Programs lasting more than 3 days in Bulgaria – up to 7 days before the departure date
4.5.3. Trips abroad
4.5.3.1. For bus excursions – 30 calendar days before the departure date, unless otherwise specified.
4.5.3.2. For air excursions – 55 calendar days before the departure date, unless otherwise specified.
4.6. Prices are calculated according to the Bulgarian National Bank fixing for the respective currency.
4.7. Mountain Talk Ltd. has the right to increase the price of trips abroad if the cost of transportation, the amount of fees related to the trip, such as airport, port and other fees, increase after payment for the excursion and before the start of the trip, as well as if the exchange rate changes between the conclusion of the contract and the starting date of the trip. The change is calculated according to the current Bulgarian National Bank fixing for the respective currency as of the specific date of the change. Even if the above circumstances are present, Mountain Talk Ltd. has no right to increase the price later than 5 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 5 days before the starting date of the trip. The User has the right to withdraw from the contract without owing a penalty or compensation, in which case the User is obliged to notify Mountain Talk Ltd. of their decision within three days of receiving the notification. If the User 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 expressly describes what is included in the price of the program. All expenses that are not expressly specified in the “The price includes” section are considered personal expenses and are not included in the price of the tourist package.
4.10. Where Mountain Talk provides information about the prices of services that are NOT included in the total package price (for example, museum entrance fees, additional excursions or food), it should be taken into account that these prices are indicative and the company is not bound by their accuracy.
4.11. Mountain Talk Ltd. reserves the right to provide discounts to its customers at its discretion.
5. PENALTIES AND TRIP CANCELLATIONS
5.1. In the event of cancellation by the User of a trip in Bulgaria 5 days or less before the date of the trip, Mountain Talk Ltd. retains 100% of the price of the organized trip.
5.2. In the event of cancellation of the trip and termination of the contract by the User, Mountain Talk Ltd. retains the following penalties for programs abroad where travel is by bus.
5.2.1. Up to 20 calendar days before the date of the trip – no penalties.
5.2.2. From 19 to 14 calendar days before the date of the trip – 50% of the deposit paid.
5.2.3. From 13 to 7 calendar days before the date of the trip – 75% of the price of the organized trip.
5.2.4. Less than 7 calendar days before the date of the trip – 100% of the price of the organized trip.
5.3. In the event of cancellation of the trip and termination of the Contract by the User, Mountain Talk Ltd. retains the following penalties for air excursions:
5.3.1. Up to 55 calendar days before the date of the trip – no penalties.
5.3.2. From 54 to 20 calendar days before the date of the trip – 50% of the deposit paid.
5.3.3. From 19 to 8 calendar days before the date of the trip – 75% of the price of the organized trip.
5.3.4. From 7 calendar days before the date of the trip – 100% of the price of the organized trip.
5.4. Transfer of rights.
5.4.1. The Tourist has the right to transfer their rights and obligations under these General Terms and Conditions to a third party who meets all requirements for the trip, by notifying Mountain Talk Ltd. within the deadlines for cancellation of the trip without owing a penalty under these General Terms and Conditions, while together with the third party being jointly and severally liable for the obligations under the contract and paying the costs of the transfer.
5.4.2. After the expiry of the specified deadline, the transfer of rights is subject to a penalty in accordance with the General Terms and Conditions.
6. RESPONSIBILITIES AND COMPLAINTS
6.1. Mountain Talk Ltd. shall not be liable for non-performance or improper performance of these General Terms and Conditions and shall not owe penalties if the reasons for this are due to:
a) the User, including failure by the User to appear at the designated place and time of departure;
b) actions of a third party unrelated to the performance of the Contract;
c) force majeure circumstances – force majeure is an unforeseen or unavoidable event of an extraordinary nature arising after the conclusion of the contract, which cannot be foreseen or avoided by Mountain Talk Ltd. and its counterparties in the good-faith performance of their obligations. A force majeure event shall include: delays at border checkpoints, complicated road conditions, road incidents and accidents, including strikes by airlines and ferry companies, any type of inspections at border checkpoints carried out by the competent authorities which take longer than anticipated, refusal of medical assistance to a tourist from the group, an event taking place that restricts the movement of tourists to the location of tourist sites, and other exceptional circumstances. In such cases, Mountain Talk Ltd. reserves the right to make changes to the program and to take action according to the specific situation;
d) services purchased individually by the User on site and not through a representative of Mountain Talk Ltd.;
e) in the event of personal documents lost by the User, the tour leader/guide may provide assistance without disrupting the scheduled tourist program. In the event of belongings forgotten at the hotel, any telephone and other expenses incurred shall be borne by the User.
f) Mountain Talk Ltd. shall not be liable for damages caused by non-performance or improper performance of the contract attributable to the User, including where, due to abuse of alcohol or narcotic substances, the User obstructs the implementation of the program. Mountain Talk Ltd. shall not be liable and shall not owe any compensation or penalties if, due to disorderly conduct by the User, Mountain Talk Ltd. has refused to provide services to the User or has had to remove the User entirely from the tourist program, provided that this is documented in a report by officials present on site or other tourists.
6.2. All disputes concerning the performance of these General Terms and Conditions shall be resolved by mutual agreement between the parties. If agreement cannot be reached, they shall be referred for consideration to the competent Bulgarian court.
6.3. If, during the trip, facts establishing non-performance or improper performance of the conditions under these General Terms and Conditions are identified, the User undertakes to immediately notify the service provider on site, as well as to immediately notify Mountain Talk Ltd. or its representative on site in writing, with a view to taking timely measures that satisfy all interested parties.
6.4. If the complaint is not resolved on site, the User has the right to duly 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 that is the subject of the contract. If the complaint is made orally, Mountain Talk Ltd. shall draw up a report which shall be signed together with the User regarding the complaint made.
6.5. Mountain Talk Ltd. undertakes to issue an opinion on the complaint within 30 /thirty/ days from the date of its receipt. Mountain Talk Ltd. shall leave without consideration any complaint of 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 replace the specified hotels, catering establishments or entertainment venues with equivalent ones of the same category within 2 days of the occurrence of the circumstances necessitating the change, but no later than 10 days before the trip. This change shall be considered insignificant and the client shall not have the right to cancel the trip for this reason.
7.1.4. In cases where Mountain Talk Ltd. makes a significant change to any of the essential clauses of the organized travel contract, it is obliged to immediately notify the User, but no later than 10 days before the starting date of the trip. Acceptance of the changes shall be 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 starting date of the trip, while promptly notifying the User of this change in the event of an increase in:
7.1.5.1. Transportation costs, including fuel;
7.1.5.2. The amount of fees related to services used under the contract, such as airport, port and other fees;
7.1.5.3. The exchange rate applicable to the contract during the period between its conclusion and the departure date.
7.1.5.4. A price change of less than 5% shall be considered insignificant and shall not constitute grounds for cancellation of the trip.
7.1.6. Mountain Talk Ltd. undertakes to inform the User in writing of the change in price within 2 days after the occurrence of the circumstances under Article 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 reached or if the cancellation is due to force majeure. In such cases, Mountain Talk Ltd. shall not be liable for non-performance of the Contract and shall refund to the User all amounts paid, except for that part representing actual expenses incurred /cancellation fee for insurance policies concluded in the name and at the expense of the User, penalty for returned airline tickets for scheduled flights in accordance with the rules of the respective airline, visa fees and other additional services requested by the User and paid in advance, which have been paid to third-party counterparties of Mountain Talk Ltd. and, according to the rules of those third parties, are non-refundable/. The actual expenses incurred shall be certified by duly executed documents.
7.1.8.1. In cases of a strike, flight cancellation or bankruptcy of an airline, as well as where the minimum number of participants for the program has not been reached, at the express request of the User, 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. shall specify a price for the trip valid under the changed conditions.
7.1.9. Mountain Talk Ltd. shall not be liable for, reimburse or compensate tourists who have chosen not to use individual services or who have voluntarily deviated from the program and, for this reason, have missed one or more services under the previously agreed program. Mountain Talk Ltd. shall not reimburse or compensate tourists for expenses outside the tourist package. Mountain Talk Ltd. shall not cover expenses related to the consumption of food and beverages outside the standard meal plan specified in the contract.
7.1.10. The liability of Mountain Talk Ltd. in the event of improper performance of this contract shall be limited 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 non-performance of the services is limited by international treaties ratified, promulgated in the State Gazette and entered into force for the Republic of Bulgaria, the liability of Mountain Talk Ltd. shall be within those limitations.
7.1.12. If the User fails to make payments within the established deadlines, it shall be considered that the User wishes to terminate the contract, with the consequences arising therefrom in accordance with the provisions of Section 5.
7.1.13. The User has the right to receive compensation equal to the deposit paid in the event of complete non-performance of the contract by Mountain Talk Ltd. due to the fault of the latter.
7.1.14. Mountain Talk Ltd. has the right, at any time during the trip, to unilaterally refuse to provide part of the services included in the package without owing penalties or compensation in the event that the tourist, through their conduct, creates a serious risk to the safety or comfort of the other tourists, employees or counterparties of Mountain Talk Ltd., or state or municipal officials in the receiving country, or to the successful continuation of the trip. In this case, Mountain Talk Ltd. shall not owe a refund of amounts paid by the User under the contract if those amounts have been paid to third-party counterparties of Mountain Talk Ltd. and, according to the rules of those third parties, the respective amounts are non-refundable, and Mountain Talk Ltd. shall have the right to compensation for all damages caused to it by the unlawful conduct of the tourist.
7.1.15. Mountain Talk Ltd. shall not be liable for fines and other sanctions imposed on the tourist by authorized persons in the receiving country for violations committed by the tourist, such as disposing of waste in unauthorized places, smoking in public places, inappropriate appearance and/or behavior, failure to comply with traffic rules, and other similar violations.
7.2. Rights and obligations of the USER
7.2.1. The User undertakes to immediately notify Mountain Talk Ltd. of any change in address, personal document numbers or means of communication specified in this contract.
7.2.2. The User undertakes to pay the full value of the tourist services within the deadlines established in the Contract.
7.2.3. The User undertakes to comply with the laws of the country to which they are travelling.
7.2.4. A User who intends to travel to and stay in countries with an increased risk of infectious diseases is obliged to undergo the appropriate prophylaxis in accordance with international medical requirements.
7.2.5. The User undertakes to obtain the necessary personal documents with the appropriate validity for travel outside the country – an identity card valid until the final date of the trip or an international passport valid for 6 months from the final date of the trip.
7.2.6. For children under 18 travelling alone or with one parent – in addition to the required identity document, a notarized declaration from one/both parents consenting to the child's travel abroad, including the notary's telephone number, is additionally required. The original declaration and 2 copies must be carried during the trip.
7.2.7. In the event of a change in the price of the trip or a change to any of the main clauses of the contract, the User has the right to accept the changes or cancel the trip by:
7.2.7.1. Accepting the change in the total price, paying the amount due for the difference and signing an additional agreement.
7.2.7.2. Cancelling without owing a penalty or compensation if the price increase is more than 5%.
In the cases under 7.2.7., the User shall notify Mountain Talk Ltd. or the travel agent of their decision within three days of receiving the notification, but no later than 7 days before the starting date of the trip. If, within the specified period, the User has not notified Mountain Talk Ltd., it shall be considered that the User accepts the change.
7.2.8. In the case under item 7.2.7.2., the User has the right to choose one of the following options:
– another trip of the same or higher quality;
– another trip at a lower price, in which case Mountain Talk Ltd. shall refund the difference in price between the cancelled trip and the proposed trip; or
– reimbursement of the amounts paid under the contract within 7 days from the date of the written notice of cancellation.
7.2.9. The User has the right to receive compensation for damages suffered as a result of culpable non-performance of the tourist travel program by Mountain Talk Ltd., in the proven amount of such 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 could not be foreseen or avoided.
7.2.9.2. Force majeure or an event that could not be foreseen or avoided by Mountain Talk Ltd.
7.2.10. If the User voluntarily terminates their trip during its duration, all additional expenses, including transportation expenses, shall be borne by the User. In this case, the User may not claim a refund of any part of the value of the requested but unused services.
7.2.11. The User has the right to transfer their right to travel to a third party who meets all requirements for the trip, in accordance with the deadlines described in Section 5.
7.2.12. The User is obliged to strictly comply with the announced departure times and to appear in a condition and appearance that allow them to participate in the trip and do not cause inconvenience to the other tourists or to the employees of Mountain Talk Ltd. and its counterparties. If, due to the reasons stated above, additional expenses arise for the tourist or for Mountain Talk Ltd., such expenses shall be borne entirely by the User.
7.2.13. The User is obliged to provide Mountain Talk Ltd. with written information about their state of health if they suffer from chronic or congenital illnesses that may endanger their life during the trip. In the event of an incident related to a chronic or congenital illness of the User of which Mountain Talk Ltd. has not been notified in the manner described above, Mountain Talk Ltd. or its contractors shall not be liable.
8. PROCEDURE FOR AMENDMENT AND TERMINATION OF THE CONTRACT
8.1. Either party has the right to request an amendment to or terminate the Contract in connection with substantial changes in the circumstances under which the Contract was concluded. The party requesting the amendment shall prove the existence of substantial changes in circumstances requiring the requested change.
8.2. All agreements between the parties that amend or terminate the organized travel contract shall be concluded in writing.
9. OTHER CONDITIONS
9.1. These General Terms and Conditions have been prepared in accordance with the Tourism Act and Bulgarian legislation.
9.2. All amendments and additions agreed between the parties in writing shall be considered an integral part of the contract.
9.3. All disputes concerning the performance of the Organized Travel Contract shall be resolved by mutual agreement between the parties. If they fail to reach agreement, disputes between the parties shall be resolved by the competent Bulgarian court.
9.4. The General Terms and Conditions are an integral part of the Organized Travel Contract of Mountain Talk Ltd.
STANDARD INFORMATION FORM UNDER ARTICLE 82 OF THE TOURISM ACT
Basic rights of the tourist when using a tourist package
The following rights apply to you if you have concluded or are benefiting from a tourist package contract(s) within the meaning of Directive (EU) 2015/2302 and the Tourism Act. For this reason, you will benefit from all EU-guaranteed rights applicable to tourist packages. When acting as your tour operator, Mountain Talk Ltd. bears full responsibility for the proper performance of the tourist package as a whole.
In accordance with the legal requirements, Mountain Talk Ltd. has taken the necessary protective measures for the reimbursement of your payments and, if transport is included in the tourist package, for ensuring your repatriation in the event of insolvency.
More detailed information about the basic rights under Directive (EU) 2015/2302 can be found at the following internet address: https://eur-lex.europa.eu/legal-content/BG/TXT/?uri=CELEX%3A32015L2302 or on the website of the Ministry of Tourism – //www.tourism.government.bg/
What are your basic rights under Directive (EU) 2015/2302:
To receive all essential information about the trip before concluding the Tourist Package Contract.
There is always at least one tour operator responsible for the proper performance of all tourist services included in the contract.
Travellers are provided with an emergency telephone number or details of a contact point through which they can contact the tour operator.
Travellers may transfer the tourist package to another person after giving reasonable notice, no later than 7 days before departure, and, where applicable, paying the additional costs.
The price of the tourist package may be increased only if specific costs increase (for example, fuel prices), if this is expressly provided for in the contract, and in any event no later than 10 days before the start of performance of the tourist package. Where the price increase exceeds 8 percent of the price of the tourist package, the traveller may terminate the contract. Where the Tour Operator reserves the right to increase the price, the traveller has the right to a price reduction if the relevant costs decrease.
Travellers may terminate the contract without paying a termination fee and receive a full refund of all payments if any of the main elements of the tourist package, other than the price, is significantly changed. Where, before the start of performance of the tourist package, the Tour Operator cancels the tourist package, travellers have the right to receive back the amounts paid on their behalf and, where appropriate, the relevant compensation.
Before the start of performance of the tourist package, travellers may terminate the contract without paying a termination fee in the event of extraordinary circumstances, such as serious security problems at the destination which could affect the tourist package.
Travellers may terminate the contract at any time before the start of performance of the tourist package against payment of an appropriate and justified termination fee.
Where, after the start of performance of the tourist package, significant elements of it cannot be provided as agreed, appropriate alternative services must be offered to the traveller at no additional cost. Travellers may terminate the contract without paying a termination fee where the services are not provided in accordance with the contract and this substantially affects the performance of the tourist package, and the tour operator has failed to remedy the problem.
Travellers are also entitled to a price reduction and/or compensation for damages suffered if the tourist services are not provided or are provided improperly.
The tour operator must provide assistance if the traveller encounters difficulties.
If the tour operator becomes insolvent, payments made will be refunded. If the tour operator becomes insolvent after the start of performance of the tourist package and transport is included in the package, the repatriation of passengers is secured.
Travellers may also contact the competent authority, the Ministry of Tourism (address: 1 Saborna St., Sofia, tel.: 02/9046809, e-mail: tourism@tourism.government.bg).
Travellers may also contact the Commission for Consumer Protection, address: 1 Vrabcha St., floors 3, 4 and 5, Sofia 1000, tel.: 02/9330565, e-mail: info@kzp.bg, if the provision of services has been refused due to the insolvency of Mountain Talk Ltd.