Enjoy is a limited company, officially licensed by the Bulgarian Ministry of Tourism under the legal name of Favia Ltd., license N. PK-01-7565, 61 “Dunav” boul., Plovdiv, Bulgaria. We are specialized in organizing cultural tours and recreational activities on the territory of the Republic of Bulgaria. The services of our business are advertised.

Implementation of these terms and conditions

These terms and conditions, including the terms stated in the Booking Form and any other terms and conditions you (the customer) are supplied with by us (the tour operator) before entering a contract with our business, any terms and conditions described on our brochures and website which are related to the customer’s booking, and any other mutual agreements between the customer and our company, are legally binding as of the moment of the conclusion of the contract between us (our Terms). A contract is considered an existing one after the completion of the booking process and the paying of a deposit (or an appropriate fee in the case of unusual circumstances such as a last-minute booking), after which the customer receives a booking confirmation from us. Any contract with us is subject to the terms and conditions of third-party companies involved in our services, such as hotels, which are included in the contract and to which the customer must agree. The customer is advised to read these terms and conditions carefully, particularly paragraph 5: “our liability to you”, which lists certain exclusions and limitations. In the event of any part of our Terms being deemed invalid or unenforceable, all other parts are considered unaffected and remain valid and enforceable.

Dispute resolution

The contract between the customer and our company will be enforced and governed by Bulgarian Law and any dispute will be resolved exclusively by the Bulgarian judicial system.

Consumer Rights Protection

Customers are protected against our bankruptcy.

Pursuant to the Directive on package travel and linked travel arrangements, all organizers of package travels must provide security covering their obligation to refund monies paid and for the repatriation of the consumer in the event of the organizer’s insolvency.

For further details about package travel regulation please follow the link: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32015L2302

Data Protection

All personal data and information collected and held by our company is protected under the Personal Data Protection Act of 1 January 2002. As such, it shall not it be used for any purposes other than the ones advertised and directly related to the customer’s booking, nor shall it be shared with any third parties that are not involved in the services we are to provide as part of our contract with the customer. The customer’s data may occasionally and with express permission be used to notify the customer of changes in our offers or services and promotions.

Brochure and website content

While we aim to ensure that information contained in our website and brochures is accurate, content is subject to change, in part due to the actions of our suppliers (e.g. hotels, transfer companies, activity providers). Our policy is to keep the customers informed about changes that may affect their vacation. Customers will be notified of any such changes before or after they receive a booking confirmation, if and when we ourselves are notified by our Suppliers. We bear no responsibility for the content, policies and services of any websites, companies or service-providers advertised on, linked to or accessible through our website.

Packages

In the context of our services, a “package” is defined as two or more services provided as part of the same tour or activity included in the same price (i.e. transfers, accommodation, sports equipment, etc.). In cases that involve special circumstances or requests on behalf of the customer that result in a booking that does not fit the above-definition of “package”, our company’s obligation is limited to suggesting suitable professionals who specialize in the requested extra service (e.g. cars for rent). In the event of such cases, our company is to act in the capacity of an intermediary between the customer and the supplier of the extra service, without participating in the contract between the two parties.

Booking Conditions

A booking is regarded as an offer made by the customer to our company to conduct future business, i.e. to buy specific services we provide. We retain the right to reject or interrupt a booking in progress at our discretion, regardless of the time of booking and with no obligation to specify a justification. All services are subject to availability. Once the contractual relations between the customer and our company are established, we shall fulfill our obligations to the customer to the best of our ability and in accordance with our Terms and Conditions.

All bookings must be made by persons over the legal age of majority, that is 18 (eighteen) or older. In the case of group bookings, the first-named person over the age of majority will be considered the main representative of said group and thus responsible for all due payments in accordance with our contract.

Upon completing and submitting our booking form, the customer confirms to have read, understood and agreed to all our Terms and Conditions. The customer is responsible for ensuring that all details and information sent to us in relation to our services is correct.

1. Payment

The customer is informed of the price of their vacation package at their time of booking. The full price of the package is to be paid no less than 60 days before the commencement of the vacation. If presented with atypical circumstances, depending on the type of booking, we may require a deposit that is non-refundable and/or larger than the standard deposit of 20%. In the event that one or more of our suppliers require a higher deposit or full payment in advance, the customer is to meet the requirement so as to complete the booking process. Except in the case of a late booking, the cost of the services must be paid to us in full no later than 60 days prior to the commencement of the customer’s vacation. If we do not receive the full sum by that deadline, the booking is considered to be cancelled and the customer is to compensate our company in the form of cancellation charges (see paragraph 3.2.).

Our company accepts payment using the following methods: by bank transfer, PayPal, and credit or debit card. In the case of credit or debit card payments, extra charges may apply as a fee levied on us by the bank and financial firms.

Credit or debit card payments may be the required payment method in the case of a late booking. An administrative charge applies to any changes to the booking upon the customer’s request (see paragraph 3.1.).

2. Prices

The prices specified in our brochures, website, and promotional material are correct at the time of their publication. In case of a change in prices, the customer will be informed prior to the accepting of their booking request. All prices are written in EUR. Package prices can be converted into USD, but possible changes in exchange rates may result in the final amount being different from previous estimates.

Packages

Our company guarantees the prices stated in our booking confirmation. However, due to possible increases in transportation costs (incl. fuel costs) or taxes we may charge extra fees. Fees occurring within 30 days of the customer’s scheduled departure, or expenses that will increase the total cost of the customer’s holiday by less than 20% will not be passed onto the customer.

We are not obliged to specify the cost of each component in our packages. We preserve the right to refuse to answer questions about underlying costs both in standard and custom itineraries.

Group bookings and discounts

Some prices may depend on the number of participants in the booking. In the event that this applies to the arrangement of a customer’s vacation, the customer shall be informed at the time of booking. We preserve the right to add further charges if the number of participants drops below the number required to qualify for the offered discount. We also preserve the right to cancel such a booking if the number of participants drops below the required number anytime within 30 days of the date of departure.

3. Changes or cancellation at the customer’s request

3.1. Changes

(a) Transfers

In case the customer or any member of a tour group cannot travel for a specific reason beyond their control (ex. serious illness, death), the customer’s booking can be transferred to another person.

(b) Other changes

If the customer requests any changes to the booking, we will make our best efforts but cannot guarantee to meet your request. Some services and activities have fixed prices, and in the event of a person withdrawing from a group, the other members of the group may have to pay a higher price in order to cover for the missing member. To make changes to an existing booking, we need the customer’s or the group’s main representative’s authorization, in writing.

© Non-refundable Services

In cases where a flight ticket or other booking has already been issued and cannot be transferred to a different name, the customer whose name is stated on the ticket must pay for its cost.

(d) Treatment of changes by our suppliers

Some of our suppliers do not permit any changes to the names or travel dates of a booked trip and impose cancellation fees. Such fees and expenses will be imposed on the customer along with the administration fees, where applicable.

3.2. Cancellations

If the customer wishes to cancel a booking or any part of it concerning any person (in the case of a group) after they have received a booking confirmation from us, we require written authorization from the customer or the main representative of a tour group to do so.

We incur costs from the time of the customer’s booking. By completing a booking, and by extension confirming to have read, understood and agreed to our Terms and Conditions, the customer also agrees to compensate us for any losses and expenses in the event of a cancellation, in accordance with the policy statement below. We strongly advise the customer to purchase cancellation insurance suitable for the cost of their holiday. For further information, please refer to paragraph 8.

3.3. Cancellation policy

(a) In the case of 1 or 2-day trips

The customer has the right to cancel or replace their holiday package no less than 3 days prior to the commencement of the trip, regardless of the reason and with no fees or obligation to our company, unless otherwise specified in the terms and conditions particular to the package.

(b) In the case of multiday trips (longer than 2 days) that require a deposit of 30% of the total package price

All such bookings must be made at least 30 days in advance. If the customer cancels the holiday within the first 15 days of receiving a booking confirmation, 50% of their deposit shall be refunded. If the trip is cancelled after the specified period, the deposit shall not be refunded.

4. Changes or cancellation by us

Our company shall make every effort to provide the customer with the holiday we are contractually obligated to provide them with. However, we reserve the right to make changes due to the wide range of holiday packages we offer and the fact that bookings are usually made many months in advance.

(a) Packages

Our responsibility to the customer is contingent on whether the changers are considered “minor” or “major”. A “major” change can be defined as one which significantly alters the terms of the contract.

Major changes include:

• price

• departure airport

• city/resort/place of destination

• downgrading the accommodation to a lower star grading

In cases when we have to make “major” change to a booking, the customer will be informed and given the following options:

• to agree to the changes and accept their consequences (including price)

• to replace their package with a different package offered by us (if available) of equivalent or superior quality

• to replace their package with a different package offered by us (if available) of inferior quality and to receive a refund for any difference in cost

• to cancel their holiday and receive a full refund (including all deposits and administration fees)

Minor changes include:

A minor changed is defined as any change that does not qualify as a major change. We shall make our best effort to inform the customer of any minor changes as far from their departure date as possible, but we are not obliged to do so. Our company is not obliged to compensate the customer for any “minor” change made.

(b) Circumstances beyond our control

We are not obliged to pay compensation or accept any liability in case of any changes caused by circumstances beyond our control, including (but not limited to) strikes, lock-outs or other industrial action; acts of God; war, riot; civil unrest; malicious damage; compliance with any law, order, rule, regulation or direction issued by the government; impossibility of the use of any means of public or private transportation or any government action; accident; break-down of machinery and crucial equipment; fire; flood or storm; other adverse weather conditions (including heavy rainfall, hail, snow, fog or frost) affecting any airport, port or any other transport link, embarkation or disembarkation point and their operation; flight delays; other matters affecting air traffic control (including failure of equipment, systems and software); siege; acts of terrorism; police or security alerts or precautionary measures taken.

5. Our liability to you

5.1. We shall make reasonable efforts to adhere to our contractual obligations, and shall compensate the customer if they have sustained losses or damage through any fault of ours, our agents’ or our suppliers’, and if they can provide proof.

5.2. If the customer feels that the arrangements made for their holiday have not been provided as per our agreement, they should inform us and our suppliers at the earliest opportunity. All details must be provided in writing.

5.3. If a significant part of the services has not been provided due to badly performed obligations on our part, we will make our best efforts to provide the customer with a reasonable alternative at no extra cost, if their holiday is still in progress, and will compensate the customer accordingly. If we have failed to provide the customer with a significant part of the services due to improper performance on our part and no alternative arrangements are available, our company shall make arrangements for the customer (or in the case of a group booking – all the affected customers) to transfer them to the place of departure at no extra cost. In all other cases (i.e. when we have not failed to provide the customer with a significant part of the services) we will conduct an internal investigation on the matter and undertake measures to find suitable solutions after the customer has been informed, if possible.

5.4. Our company is not responsible for the actions and/or omissions of any third parties in cases where the customer has booked the services of such directly.

5.5. We do not accept responsibility for injury, illness or death caused by any action or omission.

5.6. We hold no responsibility if our failure to carry out or properly perform our obligations is a result of:

• any fault or failure on the part of the customer or any member of the group of customers

• any unforeseeable or unavoidable fault or failure on the part of any third party not connected to our company and the provision of the services.

• circumstances beyond our or beyond our suppliers’ control (as described in paragraph 4©); however, we will do our best to provide the customer with our prompt assistance in the event that our failure or improper performance results from circumstances through no fault of the customer or any member of the group of customers.

5.7. Our suppliers, tour guides and members of staff are all instructed not to arrange any activities other than the ones you have purchased directly from us. Any staff members, guides and suppliers that sell or provide services not stated in the customer’s contract act on their own behalf and not as agents of our company. We are not responsible for such activities and have no obligations towards the customer concerning them.

Special requirements

If the customer has any special requirements (such as dietary requirement) they should inform us at the time of booking so that we can take the proper precautions and inform our suppliers. We cannot guarantee that the customer’s requirements can be fulfilled, and take no responsibility if they can not.

6. Your responsibility

(a) The customer (and in the case of group bookings – the main representative) is responsible for ensuring that they and all members of their group have valid passports and the appropriate visas.

(b) The customer is responsible for informing us about any existing medical conditions or disabilities which may require assistance prior to the completion to the booking process or, if newly diagnosed, the before the commencement of the holiday tour; we shall then pass this information onto our suppliers. We bear no responsibility to any of the customers if a supplier refuses service due to a medical condition or disability.

© The customer is responsible for their own behavior; in the case of group bookings, the main representative of a group is responsible for the behavior of the rest of the members of the group. Our company and our suppliers reserve the right to refuse or cancel a booking, to refuse service, the right to board any of the vehicles employed by us for the purpose of the holiday trip, or the right to travel and to remove any customer from any transport, accommodation, activity or any other part of the tour if the customer or any member of a group is under the influence of drugs or alcohol; or are behaving violently, disruptively, in a way that poses a danger to themselves or the rest of the group or is a cause of annoyance or discomfort to others. A customer that behaves in such a way is not entitled to any compensation or refund, and no costs or expenses will be reimbursed. While inside the country, all customers are subject to the laws of the Republic of Bulgaria, and were they to commit any criminal offences over which the country has jurisdiction, they may be affected by police inquiry, security measures, or investigation and subject to criminal prosecution and/or penalties. Customers must cooperate with and follow all safety procedures as instructed by the organizations in charge of the activities that are part of the contract. Such organizations may ask the customer to sign a waiver form concerning the activity they are about to participate in.

(d) While we will put forth our best effort to ensure that your trip runs as smoothly as possible, problems may arise. In the event that the customer experiences issues they cannot resolve relating to the hotel, lodge, camp or other forms of accommodation, they should contact our emergency phone number +359888788312. All such issues must be reported at the time of their arisement, due to the fact that we cannot provide help if we are only informed of the issue after the customer has returned from their trip. In the event of a medical emergency, the customer must contact their insurance providers on their 24-hour emergency hotline and the emergency telephone number of the country they are visiting. The Republic of Bulgaria’s emergency phone number is 1-1-2.

7. Dealing with complaints

If a problem arises during the holiday trip, the customer must immediately inform the supplier relevant to the service in question (ex. the hotel staff) and a representative of Favia Ltd., who will make every effort to solve it. For the customer to take no action to inform us during the holiday tour, but then send us a letter of complaint upon return is both unreasonable and in breach of their contractual obligations to us. If the customer wishes to complain about issues that cannot be resolved locally, a detailed account must be sent to Favia Ltd. in writing within 28 days of the customer’s return, including their booking reference and all other relevant information. We ask that all letters are kept concise and to the point. We strongly advise customers to communicate any complaint to the supplier of the services as well as a representative of our company without delay and write a report describing the issue while the holiday is still in progress. Failure to comply with this procedure may hinder the investigation process and impede our ability to resolve the issue whilst the customer is on holiday, which may affect their rights as described in the contract, resulting in smaller or no compensation, if any was merited.

8. Insurance

All customers must be fully insured before partaking in any of our services and must ensure that all activities they are to participate in are covered by such insurance. This insurance must include cancellation insurance appropriate for the value of the holiday trip, emergency evacuation and repatriation expenses concerning all activities included in the holiday. Customers are advised to always check if there are exclusions in their insurance plan listing activities they might b undertaking, regardless of the identity of their insurer, due to the fact that travel insurance offered by some credit card providers often includes only minimum coverage.

Updates

Our Terms and Conditions are subject to occasional updates. The terms and conditions which apply to a specific holiday are the ones that appear on our website at the time of booking. Additional terms and conditions may apply to special offers, discounts, promotions and other limited services. The customer shall be informed about them at the time of booking and must inform them should they decide to take advantage of them.

Copies

A copy of our latest terms and conditions can be viewed on our website.