EXCEDO GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereinafter GTC) regulate the relations between EXCEDO TRAVEL EOOD, with seat and registered address in Bulgaria, Sofia, Mladost 1, bl. 35, ap. 31, registered with the Bulgarian Commercial Register under UIN 203315188, Tour Operator License № PK-01-7400 and Professional ‘Tour Operator Liability’ Insurance Policy № 13160173000000025 with ZAD Allianz Bulgaria, represented by Manuela Dimitrova – CEO (hereinafter referred to as ‘Excedo’) and the customer (hereinafter, the ‘Client’) of any travel and/or sport products and services provided by Excedo (hereinafter, the ‘Product’), whereas the Client’s contract may be with Excedo Travel EOOD directly and/or an Excedo sales agent. The Products shall however be operated by Excedo Travel EOOD.
Please read these GTC carefully and in their entirety, as by booking any Excedo Product and/or joining an Excedo tour/daytrip or Product you acknowledge that you: i) have read and understand these GTC, and ii) express your explicit acceptance of and agree to be bound by these GTC. If you have confirmed a Product booking for more than one participant, you shall be deemed to have accepted these GTC on behalf of all participants (including minors and people with a disability), whereas by travelling on and/or participating in any Excedo Product, the latter explicitly express their agreement with these GTC. The Client who confirmed the actual booking on behalf of themselves and any other participants is considered to be the point of contact for all other participants.
Article 1. Under these GTC Excedo shall be obliged to provide to the Client high quality Products as per the description and specifications announced on its website, facebook site, all other advertising materials or individual agreements and as per the Product chosen by the Client.
Article 2. The Products provided by Excedo to its Clients include the services specified on the website, facebook site and all other advertising materials of the company, as well as the following:
- Organized tourist visits of sites and locations as explicitly announced in advance for a certain route;
- Performance of specific sport activities within the organized trips, including such activities with extreme or special physical requirements;
- Guided tours of sites and locations in the language specified in advance for the respective Product;
- Ensuring the necessary specialized equipment (if applicable) for performance of respective sports or other activities;
- Instructions and supervision during the performance of sports and other activities included in the respective Product as chosen by the Client;
- Individual tailored Products, mutually agreed upon and according to the specific requirements of the Client.
Article 3. Activities, transportation, meals, equipment, services or any other item not explicitly stated in the Product description or itinerary are to be considered outside the scope of the Product.
Article 4. The Client shall choose a respective Product and respective price package, including additional options as specified on Excedo’s website, facebook site and/or any other advertising and marketing materials.
Article 5. (1) Before the conclusion of the Booking Contract, the Client shall submit to Excedo all necessary information for the identification of the person/s to be booked on a Product, as well as any additional relevant information as required and requested by Excedo. The Client making the booking must be 18 years of age or older and shall provide full, complete and accurate information as requested by Excedo for the confirmation of such booking. Any Client booking a Product for more than one participant represents the latter and warrants to Excedo that: i) they have the consent of all other participants to make such booking on their behalf and have communicated all necessary and relevant information to the other participants (Clients); ii) the information that they are providing about all other participants is complete and accurate; iii) the Client has obtained the consent and authorization to communicate such information with Excedo for the purposes of completing the booking; and iv) they will duly inform all other participants of the content and applicability of these GTC.
(2) With the submission of the above information, the Client may be requested to perform advance payment of the entire or partial amount of the Product price. All payments shall be performed within a timeframe as specified by Excedo within these GTS under Enclosure 1 or communicated otherwise. In case payment has not been received within the respective deadlines, the Booking Contract shall not be considered binding for the parties.
(3) If a Client fails to provide the necessary information, as per Para. 1 above, prior to the day full payment is due, administrative fees may arise and apply to the Client due to their failure to timely submit the required information.
Article 6. (1) All bookings for Minors (participants under the age of 18 at the first Product day) are subject to prior approval by Excedo. Any two Minors booked on and participating in an Excedo Product shall be accompanied by at least one adult.
(2) Should the consent of a parent or any other legal guardian of a Minor be required under the applicable law for their participation in any and all Excedo Products, the accompanying adult is solely responsible for obtaining and providing all such documents.
Article 7. (1) A booking is confirmed and these GTC shall apply upon the submission of above information and after respective advance payments have been received by Excedo and/or the Client has received a written booking confirmation by Excedo.
(2) The above confirmation may be performed via e-mail or another form of written communication.
(3) The Client may be required to sign an explicit original of the Booking Contract and any relevant enclosures prior to provision of the services under the Product. Such enclosures may include medical declarations, insurances, disclaimers, waivers and any other document Excedo might requests.
Article 8. (1) The Client and Excedo agree that the Booking Contract and any declarations, disclaimers, waivers and other relevant documents may be exchanged and concluded via electronic means.
(2) In the above case, the Booking Contract and all its content shall be stored by Excedo in its electronic database.
Prices and Payments
Article 9. (1) Product prices are announced on Excedo’s website, facebook site and other advertising and marketing materials and are valid and binding for Excedo as of the moment of their visualization on the website, facebook site and other advertising and marketing materials.
(2) The terms and requirements for payment are specified within these GTC under Enclosure 1. If certain Products require specific terms for advance payment, such shall prevail the general terms for payments as provided herein.
(3) Clients should refer to Excedo’s website, invoice and/or booking confirmation for payment details for the booked Product.
(4) Excedo may change Product prices at any time without prior notification, which shall become effective immediately. For already concluded Booking Contracts Excedo may change Product prices only in case a third party has increased the cost for a service, which is a fundamental part of Excedo’s Product, such as delivery of equipment, transport, accommodations, insurance services, etc. by at least 5%. In case of a price increase due to third party reason, the Client shall pay the additional amount prior to or on the first Product day at the latest.
(5) The Product price does not include any additional services, which may be requested by the Client such as additional insurance, translation/interpreting, security measures, transport and accommodation upgrades, etc., if not explicitly included as options in the Product itself.
Article 10. (1) The Client shall pay the Product price within the terms as specified by Excedo under Enclosure 1 or communicated otherwise. Should full payment not be received by the respective due date, Excedo reserves the right to make changes to the Product price or may treat the Booking Contract for the respective Product as terminated, and may as well retain any deposit made at the time of booking or part thereof as a cancellation fee at its sole discretion and in accordance with the conditions as specified under Enclosure 1.
(2) The price shall be paid through the electronic payment methods available on Excedo’s website or by any other permissible payment methods, such as bank transfer.
Article 11. (1) The Client may cancel their Booking Contract by notifying Excedo, its representatives and/or a booking agent in writing.
(2) In case of Para. 1 above, any applicable cancellation fees shall be determined based on the date on which the request to cancel a booked Product is received by Excedo and pursuant to the conditions as laid out in Enclosure 1.
Article 12. Excedo reserves the right to offer reduced pricing on selected Products. Such reduced pricing shall apply only to new bookings. Booking Contracts, for which payment has already been received by Excedo and/or have already been confirmed prior to the reduced price offer, shall in no way be affected by such reduced pricing.
Article 13. As a principal, Product prices do not include international and/or national airfare or any other flights, unless expressly indicated. Upon a Client’s request, Excedo may choose to provide a quote for the best price available for respective travel dates at the time of quoting. However, such quotes are only indicative and shall not be considered binding for Excedo or the airline in question.
Rights and Obligations of the Parties
Article 14. (1) Excedo shall be obliged to provide the Product requested by the Client pursuant to these GTC.
(2) Excedo shall ensure that all Products and services are performed in accordance with the relevant rules and requirements as per the applicable laws of Bulgaria.
(3) Excedo may provide the Products under these GTC or parts thereof through subcontractors, individual contractors and assistance of third parties.
(4) Excedo guarantees that all its directly contracted group leaders, mountain and tour guides are professionally trained and certified according to the rules and requirements of the relevant Bulgarian legislation and professional standards, which nevertheless might differ from such common in other jurisdictions.
Article 15. To the extent provided in the applicable law, Excedo, its staff and/or representatives are not responsible for providing information, guidance or advice with respect to travel documents, vaccinations, clothing, baggage, special equipment, local customs, weather conditions, specific safety concerns, physical challenges or local laws and regulations and may do so at their sole discretion. Excedo does not warrant any such information in terms of its completeness and/or accuracy and shall not be held liable for any errors or omissions therein.
Article 16. (1) Excedo shall undertake the necessary Product arrangements, including but not limited to trip, route, equipment, transport, safety measures, etc. as per its own judgment and views.
(2) Where necessary or advisable for operational and/or safety reasons, Excedo may undertake reasonable changes in any Product’s itinerary at its sole discretion.
(3) Amendments of a Product’s itinerary after the first Product day may be necessary or advisable as a result of unforeseen circumstances and/or other reasons affecting Excedo’s flow of work, health and/or safety concerns, Client comfort, etc. Excedo may at its own discretion and acting in good faith provide suitable alternative arrangements and where appropriate, shall compensate the Client for any significant material differences between the actually provided services and those as described under the Booking Contract.
(4) Instructions by Excedo representatives such as staff, instructors, guides, etc. shall be binding for the Client.
(5) Excedo may require the Client to undertake any actions, in order to comply with organizational, safety and security or legal requirements for performance of the Product.
Article 17. (1) The Client acknowledges that adventure travel is a significant element in Excedo’s Product portfolio and given its nature, some Products might require a high level of flexibility. Acting in good faith, Excedo may undertake reasonable alterations to a Product and/or its itinerary; i.e., route, schedules, itineraries, accommodation facilities and transport options may be subject to change without prior notice due to unpredictable and unforeseen circumstances, conditions or events, which are beyond Excedo’s reasonable control.
(2) Should the undertaken changes affect at least one full day of a Product’s itinerary, or the Product’s nature as a whole, Excedo shall duly inform the Client, who booked such Product, as soon as practically possible.
(3) Should such changes occur more than 14 calendar days prior to departure, the Client may: a) accept such Product changes, b) book another Product of equivalent or greater value, if available, whereas the respective price difference shall be paid by the Client additionally, c) book another Product of lower value, if available, whereas the respective price difference shall be refunded by Excedo to the Client, or d) cancel the Product and receive a full refund. Should a Client fail to inform Excedo of their decision within 3 calendar days after being notified about the respective changes, they shall be deemed to have accepted the changes in question.
Article 18. (1) Excedo guarantees that all scheduled Products shall depart as planned (subject to reasonable itinerary changes as regulated in Articles 16 and 17). This guarantee does not apply to Excedo marketing and advertising print materials displaying Product information and departure dates and times, as these are subject to change.
(2) A scheduled Product departure shall become guaranteed once the minimum number of participants, as specified in the description of the Product, has been reached (i.e. the minimum number of bookings have been confirmed by Excedo as per Article 7 above).
(3) Para. 1 and 2 above do not apply given force majeure circumstances.
(4) Should Excedo chose to cancel a Product before the agreed date of departure due to circumstances other than force majeure or the Client’s fault, the latter may accept: (a) an alternative Excedo Product; or (b) a full refund for the cancelled Product(s).
(5) Excedo is in no way responsible for any ancillary expenses or subsequent losses the Client may have incurred due to the cancelled booking, including but not limited to flight, rail and bus tickets or other fees and expenses.
Article 19. (1) The Client is solely responsible for determining whether they are suitable or physically fit and prepared to partake in all activities under a booked Product. Each Client should consult a medical professional as regards their overall health and fitness for travel, and adventure travel in particular prior to departure. Excedo and its staff and/or representative are not competent to and do not provide medical advice.
(2) Some Excedo Products may not be suitable for everyone and each Client is responsible for evaluating the risks and exigencies a certain Product may entail in light of their own limitations, physical and mental fitness and state, as well as any medical needs or conditions they might have.
(3) Excedo reserves the right to exclude any Client traveling or participating in a Product from all or some of the activities under such Product, should Excedo, acting in good faith, deem this necessary with regard to the Client’s own health and safety or the health and safety of other Clients.
Article 20. (1) Each Client acknowledges that some Excedo Products they have booked are adventurous and demanding in nature and may involve certain risks to a Client’s health and/or safety. Adventure travel carries inherent risks and each Client herewith expressly agrees that they are aware of and have taken into account such risks and are willing to assume those by booking the Product(s).
(2) Each Client further acknowledges that the level and nature of personal risk involved is different for each Product and that there may be a significant degree of risk, especially if the booked Product includes physically strenuous and demanding activities, travel to remote locations, participation in activities often categorized as being extreme in nature, etc.
Article 21. Each Client accompanying a Minor is jointly and severally responsible for the behavior and well-being of all Minors traveling with them for the duration of the respective Product and expressly accepts these GTC on behalf of the Minor, including all inherent risks and limitations of liability hereunder. The Client also assumes all responsibility for supervising a Minor under their care, as Excedo and its staff and/or representative expressly disclaim any care, control and/or supervision responsibilities.
Article 22. (1) The Client agrees that images, photos or videos may be taken by other Clients and/or Excedo staff and/or representatives and that such media may contain or feature the Client.
(2) The Client acknowledges that unless they do inform Excedo prior to departure or on the first Product day at the latest about their express refusal to be featured in images and video materials, they consent to any such pictures and videos being taken. The Client hereby further agrees and grants an incessant, royalty-free, worldwide license beyond recall to Excedo, its staff and/or representatives to reproduce for any purpose (including marketing, advertising and promotions) and in any medium whatsoever without any further obligation or compensation payable to the Client.
Article 23. (1) The Client shall be obliged to pay the agreed Product price as per their respective choice and Excedo’s payment instructions.
(2) The Client shall comply with all dates, times and places of departure as specified by Excedo.
(3) The Client shall be obliged to comply with any instructions given by Excedo, its staff and any third persons, assigned by Excedo with the performance of the services under a Product.
(4) The Client shall be obliged to ensure that all necessary medial and insurance requirements have been completed prior to participation in the Product. Insurances concluded by Excedo on behalf of a Client are specified in each Product.
(5) In case the Booking Contract has been concluded via distance means of communication, the Client shall be entitled to withdraw from the contract within 14 days following its conclusion by using the standard withdrawal template (Enclosure 2 of these GTC) or any other statement expressing withdrawal from the contract.
Article 24. The Client is entirely responsible for ensuring a valid passport and other required travel documents for any country or region to be visited as per the Product itinerary, including all visas, permits, certificates, etc., and must be in possession of such documents at all times. The Client is solely responsible for obtaining all necessary documents prior to the start of the Product and shall carry all consequences resulting from the lack or inadequacy of such documents.
Article 25. (1) In case a Client is prevented from taking part in a booked Product for any reason whatsoever, they may choose to terminate the Booking Contract and cancel the Product as per these GTC, or transfer their booking to another person, provided that Excedo is notified of such intentions up to 14 calendar days before the first Product day.
(2) Both the transferring and the transferee Client shall be jointly and severally responsible for affecting payment of the full Product price, as well as any additional costs and expenses, which may arise thereof.
(3) Para. 1 above shall be applicable only if the respective person, to whom participation in the Product is being transferred, satisfies all requirements, if any, with regard to the respective Excedo Product.
(4) Upon transfer, all rights and obligations under these GTC shall pass on to the transferee with immediate effect.
Article 26. Should a Client have any complaints regarding a Product, such shall be communicated to Excedo, its staff and/or representatives as soon as possible so that Excedo may have the possibility to address the issue/s in a proper way and manner.
Article 27. Excedo shall not be liable for:
- Damages incurred by the Client due to circumstances, which are out of Excedo’s control, such as but not limited to actions of subcontractors, third parties, independent contractors, weather conditions, equipment, false warranties, force majeure or other similar events;
- Indirect and or consequential Client losses associated with any changes to a Product’s itinerary;
- Damages incurred due to false statements or information withheld by the Client at the conclusion of the Booking Contract or during performance of activities under the Product, such as but not limited to health, age, physical state or similar circumstances;
- Any arising fees due to inaccuracies, late or otherwise incomplete or incorrect information provided by the Client;
- Uncomfortable environment or accommodation;
- Invalidity of insurance documents due to reasons, which are out of Excedo’s control;
- Any fees, losses or damages incurred by the Client due to actions and activities outside the scope or schedule of the Product and/or provided services;
- Loss of and/or damages to any Client property, including due to possible theft or other criminal actions;
- Any fees, losses or damages incurred by the Client due to breach of safety and security requirements for Product activities in which the Client participates;
- Damages or violations of Client’s rights during shopping activities;
- The standard of health, safety and security, as well as medical services which are typical for the country in which the Product and services are being performed;
- Sharing any photography or objects of intellectual property with third parties or their publication on the Internet, in which the Client may be identified;
- Fees, losses or damages incurred as a result of any failure on the part of a Client to secure any and all necessary consents, permits, approvals, etc. they might need under the applicable law.
Article 28. (1) Excedo assumes no liability for complaints that are not properly brought to its attention as per Article 26 above and without sufficient notice, allowing Excedo to resolve or attempt to resolve them.
(2) Should a complaint be made after the completion of a Product, such must be received in writing by Excedo within 3 days of the final Product day.
Article 29. Excedo shall not be held liable for or required to provide any form of compensation for services, which the Client missed or did not use due to no fault of Excedo, its staff and/or representatives, including with regard to instances when a Client has been banned from participating in the Product due to their own fault, behavior, misconduct and/or breach of the Booking Contract and these GTC.
Article 30. In case the Client fails to strictly comply with local legislation and regulations and/or commits any violation or illegal act while on the booked Product, or should Excedo, its staff and/or representatives acting in good faith judge a Client’s behavior as causing or being likely to cause risks, danger, distress or material damages and annoyance to other Clients or third parties, Excedo may terminate with immediate effect such Client’s booking and/or participation in certain activities without any liability arising on Excedo’s part, whereas the Client in question shall not be entitled to any form of compensation resulting from such termination, including for unused accommodations, meals, return travel etc.
Article 31. Excedo provides no guarantees as regards information, arrangements, selection or booking of additional products and/or services at the Client’s request and disclaims any liability arising thereof, if such included in the Product description or itinerary and are not part of Excedo’s Product portfolio.
Article 32. (1) In case of any liability incurred by Excedo, such shall be limited to the amount paid by the Client for performance of the Product and/or services.
(2) In relation to Para. 1 above, the Client shall be precluded from making the same claims and seeking recovery from both Excedo and respective sub-contractors, independent contractors or other third parties.
Article 33. Should any loss, death, injury, illness, etc. result out of negligence and/or omissions on the part of Excedo, its staff, representatives, independent contractors or subcontractors of any services within the scope of the Booking Contract, then Excedo limits its liability by all relevant international conventions, where applicable.
Article 34. The Client shall be liable for any damages or losses incurred by Excedo on the booked Product and during the performance of services, including but not limited to the following:
- The full amount of any loss or expense suffered or paid by Excedo as a result of the Client’s failure to ensure the necessary travel documentation;
- Damages to or loss of equipment, leased individually or provided as part of a Product;
- Violation of applicable laws and regulations, as well as all rules, safety instructions or recommendations of Excedo, its staff and/or third parties, assigned by Excedo with the performance of the services;
- Actions and activities which are outside the scope or schedule of the Product;
- Damages incurred by other participants as a result of the Client’s actions and behaviour;
- Any damages incurred by third parties that lead to liability for Excedo as a result of damage, destruction, theft or related fees and expenses caused or occasioned by the Client.
Amendments of the GTC
Article 35. (1) Excedo shall provide the current GTC to each Client via email and/or publish them on its website.
Article 36. (1) The current GTC may be amended by Excedo at any point in time, for which the latter shall notify all Clients in an appropriate manner.
(2) Excedo and the Client agree that any supplements or amendments to these GTC shall apply to the Client after explicit notification from Excedo and in case the Client does not reject them within a 14-days term.
(3) Excedo agrees that all statements in relation to the amendment of these GTC shall be sent to the e-mail address specified by the Client during the booking. The Client agrees that emails sent under this article do not need to be signed via electronic signature in order to affect them.
(4) The above procedure applies only to Clients, who as at the moment of amendments of these GTC have already concluded Booking Contracts.
Article 37. (1) The current GTC shall be terminated:
- by the parties’ mutual agreement in writing;
- given objective inability of any of the parties to perform their obligations;
- unilaterally by Excedo in case of violation of these GTC or the applicable legislation regarding the safety and security of the Products or performance of the services;
- unilaterally by the Client in case of serious non-performance under the Product;
(2) In the above cases Excedo may be required to refund part of the Product price, which is proportionate to the non-performance, but shall be entitled to cover its expenses in relation to third parties for performance of the services and with regard to insurances concluded in the name of the Client.
Article 38. (1) Excedo and the Client shall be obliged to protect each other’s rights and legal interests, as well as any trade secrets which have come to their knowledge in the process of executing the Booking Contract and these GTC.
(2) During and after the expiration of the Booking Contract’s term, the Client and Excedo shall abstain from making public knowledge any written or verbal correspondence held between them. Public knowledge is to be understood as publication of correspondence in the press and electronic media, internet forums, personal or public websites, etc.
Article 39. In case of a conflict between these GTC and the clauses of a specific Booking Contract between Excedo and the Client, the clauses of the special agreement shall prevail.
Article 40. The potential annulment of any provision of these GTC shall not invalidate the entire agreement.
Article 41. (1) All disputes arising from the current GTC or related to them, which cannot be settled amicably and through negotiations between Excedo and the Client, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable.
(2) Clients, who are considered consumers under the meaning of the applicable legislation, may submit their claims before the Bulgarian state courts.
Article 42. The commercial and civil legislation of the Republic of Bulgaria shall apply to any matter not settled in the Booking Contract and these GTC and related to their execution and interpretation.
Article 43. The current GTC shall take effect for all Clients as of 01 April 2016.
ENCLOSURE № 1
Payment and Cancellation Terms
Upon booking a Product, the Client shall perform full payment of the Product Price via the electronic payment means on Excedo’s website or within 3 days of booking via bank transfer.
Cancellation terms for Excedo Adventure & Culture, Outdoor & Nature and Tailored Trips:
- 1 month before first Product day – full refund
- 2 weeks before first Product day – 80% refund
- 1 week before first Product day – 50% refund
- 48 hours before first Product day – 10% refund
Cancellation terms for Excedo Sightseeing Tours & Daytrips and Services:
- Up to 48 hours prior to confirmed date – full refund
- Less than 48 hours prior to confirmed date – 50% refund
The above conditions for payment shall be applicable as regards all Excedo Products, unless special terms for payment have been agreed between the parties or announced by Excedo on its website or communicated otherwise.
ENCLOSURE № 2
Standard Form for Exercising the Right of Withdrawal from the Booking Contract
(complete and return this form only if you wish to cancel your agreement)
– To ……………….., Sofia, ……………… № ………..; UIN ………….., email: …………………. , tel.: ……………:
– I/we* hereby inform you that I/we* withdraw from the agreement concluded between us with regard to the provision of the following service: *
– Ordered on*/received on*
– Customer name/s
– Customer address
– Customer signature/s (only if the present form is in hard copy)
* Delete as appropriate.
ENCLOSURE № 3
Information about Exercising the Right of Withdrawal from a Booking Contract
Standard instructions for a withdrawal:
I. Right of withdrawal from a distance or off-premises Booking Contract.
II. You have the right to withdraw from this Booking Contract without giving any reasons within 30 days.
III. The withdrawal period is 30 days from the date on which the Booking Contract was concluded.
In order to exercise your right of withdrawal, you need to notify Excedo Travel EOOD also about your decision to withdraw from the Booking Contract through a unequivocal statement (e.g. written letter sent via registered mail, fax or email).
You may use the attached standard withdrawal form, but it is not obligatory. You may also fill out and submit the standard withdrawal form or any other unequivocal statement electronically, via our website (www.excedotravel.com). If you opt for the above, we shall immediately notify you via a durable medium (e.g. by email), confirming receipt of the withdrawal.
In order to meet the deadline for withdrawal, it is enough to send your communication about exercising your right of withdrawal prior to the expiration of said deadline.
IV. Act of withdrawal.
Should you opt to withdraw from this Booking Contract, we shall reimburse all payments we received from you, including costs of delivery (excluding additional expenses associated with your selected way of delivery, differing from the least expensive standard delivery offered by us), without undue delay and in any event, no later than 14 days from the date on which we were notified about your decision to withdraw from this Booking Contract, subject to any cancelation fees that might apply under Enclosure 1 to these GTC. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you explicitly agree to another method of payment; in any event, such reimbursement shall not result in additional expense for you.
If you have requested the provision of services to begin during the withdrawal period, you shall pay us an amount, proportionate to the services provided up until the moment you informed us that you have opted to exercise your right of withdrawal from this agreement.