TERMS AND CONDITONS AVATAR TOUR LTD.
1.1. These general conditions apply to – and are an integral part of – any tender offer and agreement covers by Avatar Tour ltd. Sofia, Bulgaria hereinafter referred to as “tour operator”, to provide products of any kind, unless expressly agreed otherwise in writing.
1.2. In these general conditions is meant by “customer” any (legal) person who orders goods and/or services from or through the tour operator.
1.3 These conditions may be waived only if the parties have expressly agreed in writing in advance.
2. Establishment and Amendment Agreement
2.1 All offers by the tour operator, made in whatever form, are without engagement unless a deadline is set for acceptance of the offer. Firstly by written (order) confirmation of the Tour Operator or by actual performance by the Tour Operator, an agreement made.
2.2 All indications in offers, bids or contracts and its annexes, such as illustrations, drawings, dimensions, weights, colors and returns and also the properties of any given test specimen stretch indicative. Minor deviations are therefore not at the expense and risk of the Tour Operator.
2.3 Apparent clerical errors or mistakes in the offers of the Tour Operator relieve her of the duty to fulfill and / or any liabilities for damages arising therefrom, even after the conclusion of the agreement.
3. Execution of the agreement
3.1 Delivery takes place in accordance with the applicable Incoterms: Ex Works (factory). If the customer refuses to take delivery at the agreed time, or fails to provide information or instructions necessary for the delivery, the Tour Operator is entitled to store the goods at the expense and risk of the customer.
3.2 If the parties expressly agree that the tour operator is responsible for the transport of the products, both the costs and the risk of loss or damage in transit to the customer’s account.
3.3 The statement of delivery periods in offers, agreements or otherwise are best done by the Tour Operator and these periods will as far as possible be observed, but they are not binding.
4.1 All prices are stated in Euros and Bulgarian Leva and include VAT and other levies imposed by the government. Any impairment charge relating to the import and / or clearance of the Tour Operator to deliver the customer items are not included in the price and are therefore charged to the customer.
4.2 The amounts shown in the offers of the Tour Operator is based on during the offer prices, exchange rates, wages, taxes and other relevant factors for the price level. If the (order) confirmation takes place after one or more of these factors change, the Tour Operator is entitled to the agreed price accordingly. If it increased under this paragraph, and the increase exceeds 10% of the total agreed amount, the customer has the right to rescind the contract within eight days after it is or could be familiar with the price increase in writing.
5.1 Payment must be made immediately within the app. The customer is not entitled to offset any claim against the tour operator with the amount charged by the tour operator.
5.2 Payment is made by payment transfer to a bank account designated by the Tour Operator. The tour operator has the right to cancel any reservations. If payment would be refused, the Tour Operator is entitled to terminate the contract and the customer is liable for the resulting Tour Operator damage.
5.3 The tour operator is entitled to delivery of products it has in its possession for the client in connection with the execution of the work agreed to suspend until all are paid in full payments by the customer to the Tour Operator.
5.4 In the event that after the expiry of a letter of formal notice referred further payment is not received payment, the customer is a penalty equal to 10% of the customer to the Tour Operator principal sum including VAT, regardless of whether the tour operator extrajudicial costs had to make, and without prejudice to the right of the tour operator to claim damages.
5.5 Without prejudice to any other rights of Tour Operator under this article, the customer against the tour operator is obliged to reimburse the collection costs incurred by the tour operator and which go beyond sending a single demand or it just do a – not allowed – settlement proposal, requests for simple information or the usual manner compiling the dossier. These costs are determined on the basis of the currently applicable guidelines for courts in Bulgaria.
6. Force majeure
6.1 The tour operator is not liable if a shortcoming is the result of force majeure. During the period of force majeure the Tour Operator’s obligations are suspended. If the period of force majeure the fulfillment of obligations by the Tour Operator is not possible lasts longer than three months, both parties are entitled to terminate the agreement without judicial intervention, without the matter having any obligation to pay damages shall exist.
6.2 The term ‘force majeure’ referred to is defined at least in this article, barring unforeseen circumstances, also of an economic nature, which arose out fault of the Tour Operator, which include severe failure of the service, forced downsizing production, strikes and lockouts, both the tour operator as with suppliers, war, hostilities, martial law, mobilization, either in Bulgaria or in any other country where any branches of the Tour Operator or suppliers are located, delays transportation or delayed or incorrect delivery of goods or materials or components by third parties including subcontractors of the Tour Operator.
6.3 If the tour operator by the force majeure already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice as were a separate agreement.
7.1 The Tour Operator is only liable for damages suffered by the customer if and insofar as such damage is the direct consequence of intent or deliberate recklessness of executives of the Tour Operator.
7.2 The total liability of the Tour Operator will be in all cases limited to compensation for direct damage, wherein the total by the tour operator to the customer to be paid in respect of any cancellation obligations and compensation will never exceed the maximum amount the price stipulated in the agreement.
7.3 The tour operator is not liable for damages if and insofar as the customer could assure himself has insured or reasonably against the corresponding damage.
8 Disputes and applicable law
8.1 If uncertainty exists regarding the interpretation of one or more provisions of these terms than the interpretation of that provision should (s) found “in the spirit of these terms and conditions.
8.2 Upon a user agreement is Bulgarian law. Foreign laws and treaties, including the Convention of the United Nations Convention on the International Sale of Goods of April 11, 1980 (CISG) is excluded.
8.3 Any disputes relating to this agreement or arising from this contract will be settled in the first instance exclusively by the competent court in the district in which the user at the time of the conclusion of this agreement is established.
9. Return procedure, refusals, complaints and compensation
On June 13, 2014, a new Directive entered into force; European Consumer Rights Directive (2011/83 / EU). Here the rules for sale are recorded remotely. The Directive was transposed in all EU Member States into national law and provides the same protection everywhere. No derogations should therefore be included by the Member States.
Most products and services are subject to the rules of the directive remote purchasses. The main exceptions to this are:
bookings for transportation, accommodation, restaurants, tours and performances;
Complaints about the implementation of the agreement with the company, preferably in writing or by e-mail within a reasonable period to submit a full and clear description.
The filed complaints will be answered within 14 working days from date of delivery. If a complaint requires a considerably longer processing time, the company will reply with a message within the period of 14 working days and provide an indication when the consumer can expect a more detailed answer.