Тourism act

Тourism act

27 Sep 2016 | 13:11

in force from 26.03.2013

Prom. SG. 30/26 Mar 2013, amend. SG. 68/2 Aug 2013, amend. SG. 109/20 Dec 2013, amend. SG. 40/13 May 2014, amend. and suppl. SG. 9/3 Feb 2015, suppl. SG. 14/20 Feb 2015, amend. SG. 79/13 Oct 2015, amend. and suppl. SG. 20/15 Mar 2016, amend. SG. 43/7 Jun 2016, amend. SG. 59/29 Jul 2016, amend. and suppl. SG. 75/27 Sep 2016

Chapter one. GENERAL PROVISIONS

Art. 1. This act shall provide for the public relations, connected with:

  1. management, regulation and control over the tourist activities, services and sites;
  2. the tourist regions of the country, creation, planning, organization and activity of the organizations for their management;
  3. the authorities of the state bodies. The territorial bodies of the executive, the organizations for management of the tourist regions and the tourist association on formation and conducting the policy for sustainable development of tourism.

Art. 2. The purposes of this act shall be to:

  1. provide conditions for sustainable development of tourism and competitive national tourist product;
  2. create conditions for development of the specialized types of tourism – cultural, healthy, spa and wellness, country, congress, for children and young people, adventurous, sport, hunting, golf etc.;
  3. introduce single criteria for carrying out tourist activities and provision of tourist services;
  4. provide protection of consumers of tourist services.

 

Art. 3. (1) Tourist activities shall be as follows:

  1. tour-operators and tourist agency activity;
  2. hotel management;
  3. restaurant management;
  4. provision of topically oriented additional tourist services in the area of sea, ski, cultural, SPA, wellness, country, wine, eco, congress, for children and young people, adventurous, sport, hunting, golf etc. types of tourism;
  5. provision of guide services, guiding tourist in mountain and nature environment and provision of sport services.

(2) Tourist sites shall be:

  1. places for accommodation:
  2. a) class A – hotels, motels, apartment tourist complexes, villa villages, tourist villages and villa houses;
  3. b) class B - family hotels, hostels, boarding houses, rest homes, guest houses, guest rooms, guest apartments, bungalows and camping;
  4. catering establishments and entertainment (separated and adjoining to places for accommodation) – restaurants, fast food service, pubs, cafes and bars;
  5. tourist huts, tourist education centres and tourist dormitories and adjoining catering establishments – tourist canteens, tourist buffets and tourist canteens with waiters service;
  6. ski tracks for Alps ski, snow board and ski running, children’s ski zones and snow parks;
  7. the differentiated and adherent to accommodation places medical SPA centres, SPA centres, wellness centres and talaso- therapeutic centres;
  8. beaches – beaches to natural and artificial water sites;
  9. offices for exercising tour-operators and tourist agency activity;
  10. tourist information centres;
  11. visitors centres for providing and exposing local natural and cultural heritage;
  12. the museums and the public and private collections of cultural values and art galleries;
  13. art and skill centres and centres for temporary exhibitions with tourist purpose;
  14. tourist ways/paths and bike-itineraries;
  15. climbing sites, para-planers and itineraries of type "via ferata";
  16. horse bases for amateur riding and itineraries for horse riding;
  17. aqua-parks, the water attraction and adventurous parks;
  18. attraction and topical parks;
  19. golf courses;
  20. places for watching wild animals and birds;
  21. the hunting farms under the Hunting and Game Protection Act;
  22. wine-cellars;
  23. immovable cultural values under the Cultural Heritage Act, cultural institutes under the Protection and Development of Culture Act, the protected territories under the Protected Areas Act – in case that they are socialized and offer conditions for acceptance and service of tourist visits and in compliance with the regimes for their protection and with the internal rules of the persons, who have been provided with the right to management.

(3) The tourist sites under Para. 2 shall be generally accessible with the exception of the ones, for which special acts provide otherwise.

(4) Refusal shall not be admitted from provision of tourist services in tourist sites, as well as their provision with lower quality or in less favorable conditions, based on the indicators under Art. 4, Para. 1 of the Protection from Discrimination Act.

 

Art. 4. (1) Persons, providing tourist services in tourist sites shall be obliged to announce their prices in equal amounts for all tourists, where no different treatment of the tourists shall be admitted or positioning part of the, in less favorable situation, based on the indicators under Art. 4, Para. 1 of the Protection from Discrimination Act.

(2) The requirements under Para. 1 shall apply also in the cases, where the announced prices of the tourist service are indicated on the internet, in advertisements and commercial leaflets and publications, as well as on the radio and TV programmes.

 

Chapter two. STATE POLICY AND BODIES OF TOURISM MANAGEMENT

 

Art. 5. (1) The state policy in the area of tourism shall be determined by the Council of Ministers.

(2) (Amend. – SG, 9/2015, in force from 3.2.2015) The Council of Ministers, upon proposal of the Minister of Tourism shall approve the National strategy for sustainable development of tourism and strategies for development of certain types of tourism.

(3) (Amend. – SG, 9/2015, in force from 3.2.2015) The state policy for sustainable development of tourism shall be integrated in the sector policies and shall be carried out by the Minister of Tourism with participation of the other bodies of the executive within the frames of their competence.

(4) For approval the strategies under Para. 2 it shall be needed an enforced opinion on ecological assessment for coordination or decision, that no ecological assessment will be needed, issued under Chapter Six, section II of the Environmental Protection Act.

 

Art. 6. (Amend. – SG, 9/2015, in force from 3.2.2015) The Minister of Tourism shall carry out state policy in the area of tourism, where he/she shall:

  1. develop and control the implementation of the National strategy for sustainable development of tourism and strategies on development of certain types of tourism, as well as short-term programmes and plans for their application;
  2. develop and implement a national marketing strategy in compliance with the strategies under p. 1;
  3. confirm and implement the annual programme for national tourist advertisement;
  4. develop and confirm a concept for tourist regions in the country;
  5. develop jointly with other state bodies and shall propose to the Council of Ministers draft normative instruments on the status and management of the national resorts;
  6. carry out the coordination and interact with the organizations for management of the tourist regions with the realization of the national marketing strategy and development of marketing strategies of the tourist regions;
  7. organize carrying out of marketing researches of basic and perspective markets for the Bulgarian tourist product, as well as researches in the area of the tourist advertisement and efficiency analyses;
  8. organize the participation of the Republic of Bulgaria in international tourist exhibitions, fairs and events, related to tourism;
  9. organize cognitive journalist trips and visits of foreign operators and tourist agents in the country
  10. develop and disseminate advertising and information materials and souvenirs;
  11. collect, process and analyze statistic data for the development of search and offer in state – basic markets for the national tourist product;
  12. maintain, update and popularize the National tourist internet portal;
  13. develop and carry out communication campaigns of the domestic and foreign markets;
  14. provide the activity of the national tourist information centre;
  15. interact with the competent state bodies and with the territorial bodies of the executive, organize and coordinate joint activity while conducting the national policy in tourism, the financial provision and implementation of the strategies and programmes under p. 1, 2 and 3 and the concept under p. 4;
  16. interact with the organizations for management of the tourist regions and shall carry out supervision over the implementation of their activities under Art. 18, Para. 1;
  17. interact with the tourist associations, entered in the National tourist register, at carrying out their activity in the tourism area;
  18. (Amend. – SG, 9/2015, in force from 3.2.2015) assist for the realization of initiatives of tourist associations, entered in the National tourist register, where they comply with the targets and priorities of the Ministry of Tourism in the area of tourism for the relevant year;
  19. issue, coordinate and propose to the Council of Ministers draft normative instruments in the area of tourism and shall control their application;
  20. organize and coordinate the control over the quality of the tourist product;
  21. assist the activity of the competent bodies for conducting the state policy in relation to education and raising the qualification of the tourist specialists;
  22. assist the activity on attraction of investments and help for the implementation of projects for sustainable and balanced development of tourism at national, regional and local level, including for building up and development of the infrastructure, related to tourism;

23.represent the Republic of Bulgaria before the international bodies and organizations in the area of tourism and shall implement and coordinate the implementation of the obligations of the Republic of Bulgaria, comprising from its membership in them;

  1. develop projects and participate in the development, assessment, monitoring and control over the implementation of programmes and projects in the tourist area, funded by the EU and by international organizations;
  2. propose establishment of tourist representation of the Republic of Bulgaria abroad;
  3. organize the maintenance of the Single tourist information system;
  4. organize the keeping, updating and maintenance of the National tourist register under Art. 166, Para. 1;
  5. establish a national network of tourist information centres, functioning on the basis of single standards on the basis of public-private partnership;
  6. develop and assist for introduction of volunteer systems for certification of quality and sustainable tourist development;
  7. chair the National tourism council;
  8. carry out registration of the tour-operators and tourist agents;
  9. define the category of the tourist sites and the cases, indicated by this act;
  10. certify the tourist sites in the cases, indicated by this act;
  11. (new – SG 20/16, in force from 15.03.2016) implement the state policy on beach concessions;
  12. (new – SG 20/16, in force from 15.03.2016) organize and execute the operations regarding renting those sea beaches, which have not been granted as concession;
  13. (former item 34, amend. – SG 20/16, in force from 15.03.2016) impose compulsory administrative measures, fines and property sanctions in the cases, stipulated in this act and the Act on the Black Sea Coast Spatial Development.

 

Art. 7. (1) (Amend. – SG, 9/2015, in force from 3.2.2015) For carrying out the cooperation and coordination in the tourism area, National tourist council of (NTC) shall be established – consultative body under the Minister of Tourism.

(2) In the NTC the following shall participate:

  1. (amend. - SG 68/13, in force from 02.08.2013, amend. – SG, 9/2015, in force from 3.2.2015; suppl. - SG 14/15) The Deputy Minister of Economy, The Deputy Minister of Finance, The Deputy Minister of the Regional Development and Public Works, Deputy Minister of Foreign Affairs, Deputy Minister of Culture, Deputy Minister of Health, Deputy Minister of Environment and Waters, Deputy Minister of Agriculture and Food, Deputy Minister of Transport, IT and Communication, Deputy Minister of Education and Science, Deputy Minister of Labour and Social Policy, deputy Minister of Interior and Deputy Minister of Youth and Sports, selected by the relevant Ministers;
  2. the chairperson of the Commission of Consumer Protection;
  3. the executive director of the Bulgarian Agency of Food Protection;
  4. the executive director of the National Revenues Agency;
  5. one representative of each organization for management of tourist regions;
  6. one representative of each branch tourist association, entered in the National tourist register;
  7. one representative of each regional, products and professional tourist association, entered in the National tourist register;
  8. one representative of each national resort;
  9. one representative of each association of carriers in the area of air, road and water transport;
  10. one representative of each nationally represented association of consumers in the Republic of Bulgaria and of the nationally represented employers organizations in the Republic of Bulgaria;
  11. a representative of the National municipality association in the Republic of Bulgaria.

(3) (amend. – SG, 9/2015, in force from 3.2.2015) The chairperson of the NTC shall be the Minister of Tourism or an authorized by him/her Deputy Minister, or another official.

(4) The conditions and procedure for selecting the representatives of the associations, organization and resorts under para. 2, p. 6 – 10 shall be determined by the Rules under Para. 6.

(5) (amend. – SG, 9/2015, in force from 3.2.2015) The organization and technical assistance of the NTC operation shall be carried out by the administration of the Ministry of Tourism.

(6) (amend. – SG, 9/2015, in force from 3.2.2015) The organization of the NTC organization shall be determined by Rules of the Ministry of Tourism. The Rules shall be published on the Ministry internet site.

(7) (amend. – SG, 9/2015, in force from 3.2.2015) The names of the NTC members shall be determined by an order of the Ministry of Tourism.

(8) The NTC members under Para. 2, p. 1 – 4 and 10 may be represented by another person with an explicit written authorization for each concrete meeting, in cases where they cannot be present because of reasonable grounds.

 

Art. 8. (1) The National tourist council shall:

  1. (amend. – SG, 9/2015, in force from 3.2.2015) assist the Ministry of Tourism while forming and conducting the state policy in tourism;
  2. assist the coordination of the national policy in the tourist area;
  3. discuss concepts and programmes for sustainable development of tourism and shall express opinions on them;
  4. (amend. – SG, 9/2015, in force from 3.2.2015) make proposals to the Ministry of Tourism for creation, amendment, addition and repeal of normative acts, related to tourism development;
  5. examine issues, related to the territorial development, building up and maintaining the tourist infrastructure and attraction of foreign investment in tourism;
  6. discuss the preparation for the tourist seasons and analyze the results from them;
  7. discuss the results of the activity of the bodies, who have been assigned with exercising control in tourism and related activities and shall give recommendations for improvement of the operation of the control bodies;
  8. examine issues and give recommendations for improvement the protection of tourist services consumers;
  9. examine also other issues of tourist development significance.

(2) (amend. – SG 20/16, in force from 15.03.2016) The NTC shall express opinions and give proposals on issues, related to the tourist development – the territorial development, building up and maintaining the tourist infrastructure, maintenance and management of sea beaches, using and protecting the tourist resources, taxation of tourist activities, application of the visa regime, etc.

(3) The NTC shall express opinions and give proposals on issues, related to marketing and advertisement of Bulgaria as tourist destination, including on:

  1. the annual programme for national tourist advertisement;
  2. marketing researches and studies of the tourist flow and analyses and prognosis for the tourist development;
  3. brand activities and advertisement of Bulgaria as tourist destination;
  4. the Single tourist information system and the National tourist internet portal;
  5. the activity of the national network of the tourist information centres;
  6. the realization of EU projects and programmes in the area of the tourist marketing;
  7. the information service and assistance of the participation of Bulgarian companies in fears and events, related to tourism.

(4) The NTC may form expert groups on concrete issues of its competence with participation of representatives of:

  1. scientific organizations, institutes and higher schools in the tourist area;
  2. other institutions and organizations, interested in tourist development.

 

Art. 9. (1) (amend. – SG, 9/2015, in force from 3.2.2015) Under the Minister of Tourism the following shall be established: Expert commission on registration of tour-operators and tourist agents (ECRTTA) and Expert commission on categorization and certification of tourist sites (ECCCTS).

(2) (amend. – SG, 9/2015, in force from 3.2.2015) Chairperson of the commissions under Para. 1 shall be a Deputy Minister of another official, authorized by the Minister of Tourism.

(3) (amend. – SG, 9/2015, in force from 3.2.2015) In the ECRTTA staff equal number of votes representatives of the Ministry of Tourism – on one side, and representatives of the branch tourist associations of tour-operators and tourist agents - on the other.

(4) The ECCCTS shall have 2 staffs according to the sites, subject to categorization and certification, indicated in Para. 5 and 6.

(5) (amend. – SG, 9/2015, in force from 3.2.2015) The ECCCTS staff at categorization of tourist sites under Art. 3, Para. 2, p. 1 – 3 shall include equal number votes representatives of the Ministry of Tourism – on one side, and representatives of the branch tourist associations of hotel-keepers and restaurant-keepers and product tourist associations – on the other.

(6) (amend. – SG, 9/2015, in force from 3.2.2015) In the ECCCTS composition while certifying tourist sites under Art. 3, Para. 2, p. 5, equal number of votes shall be included of representatives of the Ministry of Tourism and of the Ministry of Health – on one site, and representatives of product and professional tourist associations – on the other.

(7) The conditions and procedure for determining the number of the representatives of association and non-profitable legal persons under Para. 3, 5 and 6 shall be determined by the Rules under Para. 9.

(8) (amend. – SG, 9/2015, in force from 3.2.2015) The names of the commission composition under Para. 1 shall be determined by an order of the Minister of Tourism after a proposal of the relevant heads of institutions, tourist associations and non-profitable legal persons under Para. 3, 5 and 6.

(9) (amend. – SG, 9/2015, in force from 3.2.2015) Minister of Tourism shall issue rules on the organization and activity of the commissions under Para. 1.

 

Art. 10. The Regional Governor shall conduct state policy in the area of tourism on the region territory, where he/she shall:

  1. develop the regional strategy and participate in the development of programmes for tourist development on the region territory and shall coordinate their implementation; the strategy and programmes shall be integrated in the regional strategy for regional development and shall be dreawn up on the basis of the national priorities for tourist development, the marketing strategy of the tourist region and according to the local and regional tourist resources and needs;
  2. 2. (amend. – SG, 9/2015, in force from 3.2.2015) assist the Minister of Tourism while carrying out the activities under Art. 6 n the region;
  3. cooperate and assist initiatives of the state bodies, the organization for management of the tourist region and of the tourist association for tourist development on the territory of the region in implementation of the national policy in the tourist area;
  4. (revoked – SG 40/14)
  5. carry out control functions in the cases, provided by this act.

 

Art. 11. (1) The Municipal council shall adopt a development tourist programme on the territory of the Municipality in compliance with the priorities of the regional strategy, marketing strategy of the tourist region and according to; local tourist resources and needs.

(2) The tourist development programme shall provide events for:

  1. building up and maintenance of the infrastructure, servicing tourism on the territory of the Municipality, including local roads to the tourist sites;
  2. building up and functioning of tourist information centres and organization of the information service of tourists;
  3. building up and maintenance of tourist sites, which are municipal ownership or whose right to use has been granted to municipality;
  4. organization of events and happenings of local and national significance, which bring for tourist development;
  5. conducting researches, analyses and prognosis for the tourist development in municipality;
  6. advertisement of the tourist product of municipality, including participation at tourist stock markets and fears;
  7. inter-action and membership if the municipality in tourist associations and in the relevant organization for management of the tourist region;
  8. improvement of the service quality, offered in the municipal tourist sites.

 

Art. 12. The Municipality Mayor shall:

  1. develop programme under Art. 11, Para. 1 and shall report for its implementation and after their approval by the consultative council under Art. 13, Para. 1 shall introduce them for adoption by the Municipal council;
  2. establish and heads the consultative council under Art. 13, Para. 1;
  3. establish Municipal expert commission on categorization of tourist sites (MECCTS)
  4. define the category of tourist sites upon proposal of MECCTS in cases, provided by this act;
  5. establish and maintain Municipal register of the categorized under p. 4 tourist sites on the municipality territory – part of the National tourist register;
  6. propose to the Municipal council to define the amount of the tourist tax after a written opinion of the consultative council under Art. 13, Para. 1;
  7. (amend. – SG, 9/2015, in force from 3.2.2015) monthly submit the information from the register under p. 5 on electronic media or electronically to the Minister of Tourism;
  8. collect statistic information and establish and maintain information data base on tourism on the municipality territory under the Ordinance under Art. 165, Para. 2;
  9. develop and implement programmes and projects in the tourist area, funded by the EU and by international organizations;
  10. cooperate and assist initiatives of the state bodies, the organization for management of the tourist region and of the tourist associations for tourist development on the territory of the municipality in implementation of the national policy in the tourist area;
  11. draw up annual report on the expenditure of the collected on the municipality territory tourist tax and shall publish it on the internet site of the relevant municipality;
  12. carry out control functions in the cases, provided by this act.

 

Art. 13. (1) The Municipality Mayor on whose territory there are built up and functioning accommodation places shall establish a consultative council on tourist issues.

(2) Chairperson of the consultative council on the tourist issues shall be the Municipality Mayor or an official, authorized by him/her.

(3) In the consultative council on the tourist issues, with equal number shall participate representatives of the local administration and of national regional or municipal museums – on one side, and of tourist association, entered in the national tourist register and other natural and legal persons, who have elation to tourist development – on the other.

(4) The procedure and way of determining the representatives of the museums, the natural and legal persons under Para. 3 in the consultative council on the issues of tourism shall be indicated by the Rules under Para. 7.

(5) The Municipality Mayor shall by an order determine the number and the names of the members of consultative council on the issues of tourism while observing the requirements of Para. 3.

(6) The consultative council on the tourist issues shall:

  1. discuss and approve the programme under art. 11, Para. 1 and the report on its implementation;
  2. make proposals to the Municipality Mayor and give opinions on issued, related to tourist development on the territory of the Municipality, including the amount of the tourist tax and its expenditure and about the membership of the municipality in the relevant organization for management of the tourist region.

(7) The Municipality Mayor by an order shall approve Rules on the organization and activity of the consultative council on tourist issues.

 

Art. 14. (1) Under the Municipality Mayor a Municipal expert commission on categorization of tourist sites under Art. 128 shall be established.

(2) Chairperson of the commission under Para. 1 shall be an official, authorized by the municipality Mayor.

(3) In the MECCTS staff shall be included equal number of votes representatives of the local administration – on one side, and of the local, regional and branch tourist association, entered in the National tourist register – on the other.

(4) The statute and procedure for determining representatives under Para. 3 shall be provided by the Rules under Para. 6.

(5) The Municipality Mayor by an order shall determine the numbers and the names of the MECCTS upon proposal of the relevant heads of the associations under Para. 3.

(6) The Municipality Mayor by an order shall confirm Rules on the organization and operation of MECCTS.

 

Chapter three. TOURIST REGIONS

Section I. Tourist Regions

Art. 15. (1) The territory of the country shall be differentiated in territories – tourist regions in view to formation of regional tourist products and carrying out regional marketing and advertisement.

(2) The tourist regions shall cover the whole territory of the country and have been coordinated with the municipal administrative borders, where the territory of one municipality shall not be divided between 2 regions and shall not belong to 3 different tourist regions at the same time.

(3) The tourist regions shall have name, logo and slogan.

 

Art. 16. (1) (amend. – SG, 9/2015, in force from 3.2.2015) The concept for tourist regions of the country, confirmed by the Minister of Tourism shall have analysis and proposal for the number, name and territorial scope of the tourist regions.

(2) (amend. – SG, 9/2015, in force from 3.2.2015) Before confirming the concept under Para. 1, the draft shall be published on the internet site of the Ministry of Tourism for discussion, where the interested persons shall be given at least 14 day term for proposals and opinions on it.

(3) (amend. – SG, 9/2015, in force from 3.2.2015) The number, name and territorial scope of the tourist regions shall be announced by an order of the Minister of Tourism, which shall be published in the State Gazette.

(4) The order under Para. 3 shall determine also the central offices of the organizations for tourist regions management.

 

Section II. Management of the tourist regions. Subject of operation, establishment, procedure of the organizations for tourist region management

 

Art. 17. (1) The tourist region shall be managed by an organization for tourist region management (OTRM).

(2) The OTRM shall be volunteering organizations, which through mutual assistance and cooperation in the interest of its members and in public interest shall carry out activities, related to formation of regional tourist products and regional marketing and advertisement on a certain territory – tourist region.

(3) In OTRM may be members tourist associations, entered in the National tourist register, municipal and regional administrations, scientific organizations, institutes and schools in the tourist area, associations of consumers and other institutions and organizations, whose central office or place for carrying out the activity is on the territory of the tourist region, national, municipal and regional museums, national and natural parks, situated on the territory of the region.

(4) The OTRM shall be legal persons, which shall be established and registered under this act.

 

 

Art. 18. (1) The OTRM shall be established for the following activities:

  1. development and application of marketing strategy of the tourist region in compliance with the national marketing strategy;
  2. drawing up a logo and slogan of the tourist region;
  3. organization of conducting marketing research and studies of the tourist flow in the tourist region of analyses and prognoses for the tourist development;
  4. carrying out activities on building up of a brand, public relations and advertisement of the tourist region;
  5. organization and assistance of the activity of the tourist information centres in the region;
  6. development and application of a strategy for tourist development, product strategies and annual plans for tourist development on the territory of the tourist region in compliance with the National strategy for sustainable development of tourism;
  7. assisting the activity of the regional Governors and Municipality Mayors while carrying out strategies and programmes for tourist development by opinions and proposals;
  8. assisting Municipality Mayors while implementing their obligations under this act;
  9. realizing projects on EU programmes;
  10. creation and maintenance a data base on tourism in the region – part of the Single system for tourist information;
  11. carrying out exchange of information, standards and good practices;
  12. conducting activities on training and raising the quality of the tourist services;
  13. assisting the development, introduction and application of voluntary systems for quality assessment of the tourist services and the sustainable development of the tourist region.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) OTRM shall carry out their activity in compliance with the national policy in the tourist area, conducted by the Ministry of Tourism.

(3) The regional Governors and Municipality Mayors shall give assistance to the relevant OTRM for implementing its function.

 

 

Art. 19. (1) The OTRM may carry out also other economic activity, which assists, supplements or goes together with their basic subject of activity.

(2) The OTRM may be beneficiaries on the EU Cohesion Fund and the Structural Funds and on programmes of national and European level.

 

 

Art. 20. (1) The OTRM shall be assisted by the state.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The OTRM shall carry out their activity under the control of the state. The functions of a control body shall be carried out by the Minister of Tourism.

 

 

Art. 21. (1) The OTRM shall be established without set term.

(2) On the territory of one tourist region may exist only one organization for its management.

(3)The OTRM shall obligatorily include in it name "tourist region". Right to a name of "tourist region" shall have only the organizations, which have been established in compliance with this act.

 

Art. 22. An OTRM shall be established by:

  1. tourist associations, entered in the National tourist register, whose central office is on the territory of the tourist region, and
  2. at least 4 municipalities of the tourist region territory.

 

Art. 23. (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism, by an order, shall open a procedure for establishing a OTRM:

  1. on the basis of an application by the establishing committee under Art. 24, Para. 2;
  2. by public announcement under Art. 25, Para. 1.

 

Art. 24. (1) The establishing committee shall obligatorily include representatives of the groups under Art. 22. The members of the establishing committee may authorize a person, who may represent the establishing committee in the procedure of establishing the association.

(2) The application for opening a procedure shall have indicated the following:

  1. the subject of activity and objectives of OTRM
  2. the tourist region.

(3) The application shall be signed by all the members of the establishing committee and shall apply documents, certifying that the members of the establishing committee meet the requirements of Para. 1. The application shall have attached a list of the names of the establishers from each group under Para. 22.

(4) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Upon request of the Minister of Tourism and in a term, set by him/her, the establishing committee may be obliged to produce additional data and documents, related to the circumstances under Para. 2 and 3.

(5) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism shall pronounce on the application of the establishing committee within 3 day term after its receiving.

(6) In the cases under Par. 4, the term under Para. 5 shall run from the day of removing the irregularities of the application or of the production of additionally requested documents and data.

(7) The order for opening the procedure shall be published in the State Gazette, in one central daily newspaper and in one local newspaper.

(8) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism may refuse to open a procedure for establishing OTRM, where:

  1. the subject of the OTRM activity fails to meet the requirements of Art. 18;
  2. in the establishing committee persons participate, who fail to meet the requirements of Para. 1;
  3. the documents under Para. 2 and 3 are not complete and the data and documents under Para. 4 have not been produce within the term.

(9) The refusal for opening a procedure for establishing an OTRM may be appealed under the Administrative-procedure Code before the Supreme Administrative Court within 14 day term after the notification of the establishing committee.

 

Art. 25. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Where within the term under Art. 24, Para. 5 a new application is received for opening a procedure for the same tourist region, the Minister of Tourism shall coordinate with the applicant the possibility of submitting a joint application, by informing them, that in case of not reaching an agreement, the procedure will be open on the application having larger number of established, and in case that their number is equal – on the application having larger number of municipalities of the tourist region territory.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism shall request cooperation opinions from the applicants under Para. 1 within 14 day term from the submission of the new application. Failure to produce an opinion within this term shall be considered as cooperation without remarks.

(3) The term for cooperation procedure shall not be longer than 30 days.

(4) In the cases under Para. 1, the term under Art. 24, Para. 5 shall run from the day of finalization of the procedure under Para. 3.

 

Art. 26. (1) The establishing committee shall:

  1. draw up a draft statute of OTRM and other documents for the establishing meeting;
  2. organize conducting of the establishing meeting.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In its activity of preparation of establishment of OTRM, the establishing committee shall be assisted by the Minister of Tourism.

(3) The establishing committee shall publish in the State Gazette and in one central daily newspaper and in one local newspaper an invitation for establishing an OTRM, which shall have indicated the date and place of holding the establishing meeting, the agenda with a proposal for election of management and control boards, as well as the place where the draft establishing documents are placed and the time during which they are at disposal.

(4) The placement of the establishing documents shall be carried out at least 1 month latest after the publication of the announcement under Para. 3.

(5) The establishing meeting shall be set not earlier than expiry of 45 days after publication of the announcement under Para. 3.

(6) (amend. – SG, N 9/2015, in force from 3. 2. 2015) A representative of the Minister of Tourism shall be present at the establishing meeting.

 

Art. 27. (1) The establishing meeting shall be regular if the establishers have been presented under the list of Art. 24, Para. 3.

(2)In case of lack of quorum, a new date for session of the meeting shall be set, which shall be held not earlier than 20 days and not later than 30 days after the date of the first one. The date of the new meeting shall be indicated in the invitation under Art. 26, Para. 3.

(3) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Under Para. 2 not more than 2 dates of sessions may be set for the establishing meeting. In case that at the second meeting there is no quorum either, the procedure for establishing OTRM shall be terminated by an order of the Minister of Tourism.

 

 

Art. 28. (1) The establishing meeting shall take decision for establishing an OTRM and shall adopt its statute.

(2) The OTRM statute shall provide the activity and way of management, the conditions for appearance and termination of the membership in it, the rights and duties if the members, as well as other issues, related to the organization subject of activity.

(3) The OTRM statute shall be published on the organization internet site.

 

 

Art. 29. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The OTRM shall be considered as established on the date of its registering in the register, which shall be kept in the Ministry of Tourism. The register shall be public and shall be part of the National tourist register.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Entering of OTRM in the register under Para. 1 shall be carried out by an order of the Minister of Tourism on the basis of a written application, which shall contain:

  1. the protocol of the establishing meeting;
  2. (amend. – SG, N 9/2015, in force from 3. 2. 2015) the OTRM statute, signed by the establishers and approved by the Minister of Tourism;
  3. notary certified samples of the signatures of the persons, who will represent the organization and a sample of the stamp of the organization;
  4. declarations of the members of the management and control boards, that they are not between themselves in marriage or kin in direct line without limitations, in indirect line – to second level including and are not in-laws to second level including.

(3) The register under Para. 1 shall have entered the name, central office and address of management of OTRM, the subject of activity, tourist region, the fact, that the organization is established as a legal person under this act, the management and way of its representation.

 

Art. 30. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The amendments in the statute, adopted by the general meeting shall be approved by the Minister of Tourism within 14 day term after their receiving by the executive director.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Within 14 day term after the approval of the amendments, the Minister of Tourism or an official, authorized by him/her shall enter in the register under Art. 29 Para. 1 the circumstances under Art. 29, Para. 3, which shall be enforced after their entry.

 

Art. 31.The employment legal relations, the health and social insurance of the employees in OTRM shall be provided in compliance with the legislation in force.

 

Art. 32. OTRM bodies shall be as follows:

  1. the general meeting;
  2. the management board;
  3. the control board.

 

Art. 33. (1) The general meeting shall be supreme body and shall include all the OTRM members.

(2) Tourist association shall participate in the general meeting through the person, who has the right to represent it or through an explicitly authorized person.

(3) The municipalities shall be represented in the general meeting by the Mayor of municipality or an official, authorized by him/her.

 

Art. 34. (1) The General meeting shall:

  1. amend and supplement the organization statute;
  2. determine the amount of the membership fee;
  3. elect and dismiss the chairperson and the management board members and 2 of the control board members;
  4. adopt strategic documents of the tourist region, including marketing strategy of the region;
  5. adopt annual plan for the OTRM and the report on its implementation;
  6. adopt the budget and the report on its implementation;
  7. take also other decisions, provided by the statute.

(2) In the general meeting, representatives of all the members shall participate. The procedure for selection of the representatives shall be provided by the statute.

(3) Every member shall have the right to 1 vote in the general meeting.

 

Art. 35. (1) The general meeting shall be regular and additional. The regular general meeting shall be held annually in the OTRM central office.

(2) The regular general meeting shall be called by the managing board.

(3) Additional general meeting shall be called upon decision of the managing board or upon a written request of one third of the members of the general meeting.

(4) In the cases under Para. 3, the managing board shall call additional general meeting within 14 days after receiving the request. If the managing board fails to call additional general meeting in the indicated term, it shall be called by the control board.

(5) Invitation for a regular or additional general meeting shall contain the agenda, the date, time and place of its holding and upon whose initiative it is called.

(6) The invitation shall be published on the organization’ internet site at least 1 month before the set date.

 

Art. 36. (1) The general meeting shall be legal, if more than half of all the members are present. In case of lack of quorum, the meeting shall be postponed by an hour later at the same place and with the same agenda and may be held, notwithstanding of the number of the present members.

(2) The general meeting shall take decisions by simple majority of the present members, unless the statute provides otherwise for the decision of certain issues.

(3) The decisions under Art. 34, Para. 1, p. 1 and 7 shall be taken by qualified majority of 2/3ds of all the members of the general meeting.

 

Art. 37. (1) The managing board shall consist of at least 5 members, including the chairperson and executive director and shall be elected for the term of 3 years.

(2) The mandate of a managing board member shall be terminated preterm:

  1. in case of death;
  2. in case of resignation;
  3. in case of factual impossibility to fulfil his/her duties during more than 6 months;
  4. if he/she fails to participate without a reasonable ground in more than 2 successive meetings of the managing board;
  5. in case of deletion of the organization which he/she represents from the National tourist register.

(3) In case of preterm termination of the mandate of a member of the managing board, at his/her place the general meeting shall elect another person of the same quota till the end of the first mandate of the dismissed member.

 

Art. 38. (1) The managing board shall:

  1. call general meeting;
  2. propose to the general meeting amendments in the organization statute;
  3. accept and dismiss members of the organization;
  4. approve the logo and the slogan of the tourist region;
  5. elect and dismiss the executive director and shall determine the amount of his/her remuneration;
  6. organize the activity and approve the organization structure of the organization;
  7. propose to the general meeting for adoption the strategic documents of the tourist region;
  8. propose to the general meeting for adoption the annual plan for the organization activity as well as the report on its implementation;
  9. propose to the general meeting for adoption the draft budget and the report on its implementation;
  10. take decisions for disposition with the organization property while observing the statute provisions;
  11. take decisions for participation and for termination of participation in other organizations;
  12. elect the chairperson of the organization in the National tourist council;
  13. fulfil also other functions, provided by the statute or upon decision of the general meeting.

(2)The procedure for calling and the rules for operation and decision taking by the managing board shall be defined by the statute.

 

Art. 39. The chairperson of the managing board shall:

  1. represent the OTRM;
  2. organize the implementation of the general meeting and managing board decisions;
  3. call and chair the meetings of the managing board and shall propose their agenda;
  4. sign the contract for management with the executive director;
  5. assign a managing boards member, who at his/her absence to chair the board meetings;
  6. solve also other issues, provided by the statute.

 

Art. 40. The executive director shall:

  1. organize, manage and direct the current activity of the organization in compliance with the general meeting, managing board and statute decisions;
  2. (amend. – SG, N 9/2015, in force from 3. 2. 2015) organize and carry out interaction with the Ministry of Tourism and with other bodies and organizations;
  3. draw up monthly and annual check-ups, reports, and information, on issues of the organization competence;
  4. disposes with the organization movable property;
  5. sign and terminate employment contracts of the employees;
  6. draw up and present to the managing board the documents under Art. 38, Para. 1, p. 5 - 9;
  7. produce a report on the budget implementation before the managing board after an opinion of the control board;
  8. solve also other issues, provided by the statute.

 

Art. 41. (1) The control board shall be a body for control of the financial activity of OTRM.

(2) The control board shall consist of 3 members. The control board members shall not be members of the managing board or employees of the organization.

(3) The control board members shall be:

  1. 2 representatives, elected by the general meeting;
  2. (amend. – SG, N 9/2015, in force from 3. 2. 2015) one representative of the Ministry of Tourism, assigned by the Minister of Tourism.

 

Art. 42. (1) The control board shall:

  1. control the budget implementation;
  2. (amend. – SG, N 9/2015, in force from 3. 2. 2015) observe the legality of the carried out costs and in finding breaches shall inform the managing board and the Ministry of Tourism;
  3. check up the activity of the managing board and report the results before the general meeting;
  4. give opinion on the budget and report on its implementation;

under

  1. call the general meeting in the cases under Art. 35, Para. 4, sentence 2;
  2. solve also other issues, provided by the statute.

(2) The procedure for calling, quorum and decision taking by the control board shall be provided by the statute.

 

Section III. Budget

 

Art. 43. (1) The revenues on the OTRM budget shall be formed by:

  1. membership fee;
  2. revenues from economic activity and provision of paid services;
  3. funds from participation in EU, international and other donor programmes;
  4. donations by natural and legal persons;
  5. other sources.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The OTRM may be assisted financially by the Ministry of Tourism budget under conditions and procedure, determined by the Minister of Tourism.

 

Section IV. Termination and liquidation of OTRM

 

Art. 44. (1) The OTRM may be terminated upon proposal of the general meeting, taken by 2/3 majority of votes of all the members.

(2) The general meeting shall be called upon request of at least 2/5 of its members within 1 month term after its receiving. In case of failure to act by the managing board, the request me be referred to the supervision body, which shall call a general meeting or shall assign the members to call it.

(3) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The OTRM may be terminated by an order of the Minister of Tourism, where:

  1. it carry out activity, which contradicts the law, or
  2. fails to carry out activity during more than 1 year.

(4) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The order under Para. 3 shall be issued officially by the Minister of Tourism, upon request of any interested person.

 

Art. 45. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) With the adoption of the decision for termination of OTRM, the general meeting shall appoint one or several liquidators. If the liquidator is not appointed by the general meeting, he/she shall be appointed by the Minister of Tourism.

(2) The liquidators must be approved by the supervision body and entered in the National tourist register, with the decision of termination of OTRM.

(3) The property of OTRM, which remains after satisfaction of the creditors, shall be distributed upon decision of the general meeting, taken by simple majority, unless otherwise provided by this act. If the decision has not been taken by the termination, it shall be taken by the liquidator.

(4) The liquidators shall be obliged to finalize the current deals of OTRM and to undertake the needed factual and legal actions for carrying out the liquidation and for deletion of OTRM from the National tourist register.

(5) For unsettles cases, the provisions of the Non-Profit Legal Persons Act shall be applied.

 

Section V. Control

 

Art. 46. (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism, shall exercise control over the OTRM activity, where he/she shall:

  1. give the provided by the act assistance with the establishment of OTRM;
  2. approve the statute of OTRM, or the amendments in it;
  3. require verbal or written reports, files and other documents, related to the OTRM activity;
  4. assign carrying out check-ups on site;
  5. appoint - if needed – auditors’ control for annual check-up of the accountancy documents of OTRM;
  6. order to the managing board to call general meeting if the OTRM actions contradict the law;
  7. call general meeting in case that the managing board fails to fulfil the order under p. 6;
  8. announce before the general meeting the results of the made check-ups and financial audits;
  9. dismiss members of the managing board in case of a proved guilty failure to fulfil their authorizations and shall call a general meeting for election of a new managing board;
  10. carry out other actions, provided by this act.

 

Chapter four. TOURIST ASSOCIATIONS

 

Art. 47. (1) The tourist associations in the meaning of this act shall be established, registered, managed, reconstructed and terminated under the Non-Profit Legal Persons Act.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The tourist associations shall be entered in the register, established for this purpose, which shall be kept in the Ministry of Tourism. The register shall be public and part of the National tourist register.

(3) The subject of activity of the tourist associations shall include activities for coordination of the activities at formation and marketing of the tourist product and information service of tourists, on development and realization of initiatives and projects in the area of tourism, activities for protection of the interests and representation of the members in the cases, provided by this act, as well as other activities for tourist development.

 

 

Art. 48. The tourist association may be:

  1. regional or local;
  2. branch;
  3. product;
  4. professional.

 

Art. 49. The tourist association may be members in OTRM on whose territory is their central office.

 

Art. 50. The tourist associations in compliance with their statute shall:

  1. represent and protect the interests of their members before the relevant state bodies and territorial bodies of the executive and OTRM;
  2. (amend. – SG, N 9/2015, in force from 3. 2. 2015) participate in the working groups under the Ministry of Tourism while development of normative acts in the tourism area;
  3. prepare analyses, expertise etc., and participate in development of strategies and programmes for tourism development in national scale, on the territory of the region or the municipality and shall assist their implementation;
  4. maintain database of the association members;
  5. assist their members for development of their activity by giving services, establishing business contacts, popularizing their possibilities, products, services etc.;
  6. collect and provide information to their members for assisting their activity;

7.assist for organization and conducting professional training, qualification and re-qualification of their members and of the tourist branch professionals;

  1. give assistance for voluntary settlement of disputes between their members;
  2. assist for the marketing and advertisement of the tourist product of the relevant territory;
  3. assist for building up and functioning of tourist information centres or shall establish such;
  4. may participate with representatives in ECCTS, NTC and in the consultative councils for tourism development under the municipality Mayors;
  5. develop ethic codes, regulating the professional ethics in tourism and not admitting disloyal competition between, and in relation to their members;
  6. inform the competent bodies for carried out breaches of the legislation and the ethic codes;
  7. cooperate with close organizations in the country and abroad and participate in the activity of EU and other international bodies and organizations;
  8. participate in regional, national and international projects and programmes;
  9. carry out other activities as well, which have been regulated by the statute and do not contradict the law.

 

Art. 51. (1) The state bodies and territorial bodies of the executive shall give assistance to the tourist association for achieving their objectives.

(2) The municipalities may be members in the tourist associations after a decision of the Municipality council.

 

Art. 52. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Entering association in the National tourist register shall be carried out on the basis of an application according to a form, submitted to the Ministry of Tourism by the person, having the right to represent the association or by its authorized representative, with which the following documents shall be attached:

  1. a copy of the judicial certificate for current status, issued by the court of registration;
  2. a copy of the certificate for current status, issued by the court of registration;
  3. a copy of the statute in force of the association, certified by a signature of the representative person and a stamp of the association;
  4. a list of the association members – collective and/or individual with information about the paid membership fee for the previous year (if applicable), certified by a signature of the representative person and stamp of the association;

5.explicit letter of attorney in original, where the application is submitted by an authorized person.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The application form under Para. 1 and of the certificate under Para. 3 shall be confirmed by the Minister of Tourism.

(3) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism or an official, authorized by him/her, within the term of up to 14 days after receiving the application and the documents under Para. 1 shall enter the association in the National tourist register and shall issue a certificate fir entering circumstances.

(4) In case of a found incompleteness and/or irregularity in the produced documents under Para. 1, the applicant shall be given 14-day term for their removal. The term under Para. 3 shall stop to run by the date of removal of the incompleteness or irregularity.

(5) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In case that within the term under Para. 4 the applicant fails to remove the incompleteness and the irregularity of the documents, and in the cases under Art. 53, Para. 3, the Minister of Tourism or an official, authorized by him/her shall refuse entering in the National tourist register. In case of a lack after expiry of the term under Para. 3 or 4, or Art. 53, Para. 3, the applicant shall be entered in the National tourist register and shall be issued a certificate about the entered circumstances.

(6) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Annually by 31 May, the association representing person or a person, authorized by him shall submit to the Ministry of Tourism an official declaration according to a form, confirmed by an order of the Minister of Tourism, containing a list of the actual number of members, the paid membership fee fir the previous year of the association and evidence for regular organization life according to the association statute.

 

Art. 53. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism, or an official authorized by him/her by an order, shall delete a tourist association from the National tourist register and shall invalidate the issued certificate in cases of:

  1. failure to present within the term the declaration under Art. 52, Para. 6 and/or the evidence for regular organization life of the association;
  2. change of the basic subject of activity of the association outside the scope under Art. 47, Para. 3;
  3. termination of the association activity;
  4. a written application by the person, representing the tourist association.

(2) The order under Para. 1, p. 1 and 2 shall be subject to appeal under the Administrative – procedure Code.

(3) New entry of a deleted tourist association from the National tourist register shall be admitted after expiry of an annual term from the date of the enforcement of the order for its deletion.

 

Art. 54. (1) Branch tourist associations may be established in the following sectors:

  1. "hotel and restaurant management";
  2. "tour-operators and tourist agency activity".

(2) The name of the branch tourist association shall contain a clear indication that it represents a union of persons on a branch principle, as well as not to mislead and offend good morals.

 

Art. 55. (1) A branch tourist association in sector "hotel and restaurant management" may be established by persons, carrying out an activity in tourist sites, categorized under this act under Art. 3, Para. 2, p. 1 – 3.

(2) Branch tourist association in sector "tour-operators and tourist agency activity" may be established by persons, registered under this act for carrying out tour-operators and/or tourist agency activity.

 

Art. 56. While developing drafts of normative acts, related to the administrative regulation and administrative control of the tourist activities, the competent state bodies shall request opinions from the relevant branch tourist associations. In case that within the term of up to 14 days of receiving the request, no opinion comes, it shall be considered that the branch tourist association has no remarks on the draft act.

 

Chapter five. TOURIST INFORMATION CENTRES. NATIONAL TOURIST INFORMATION CENTRES NETWORK

 

Art. 57. (1) Tourist information centres (TIC) shall be called the place, where the activity under Para. 2 is carried out.

(2) Tourist information centres shall be established in view to information service of the tourists, advertisement and popularization of tourism on the relevant territory.

 

Art. 58. (1) The TIC shall be connected in a national network, functioning on the basis of single standards.

(2) Inclusion of the TIC in the national network under Para. 1 shall be voluntarily and shall be carried out under conditions and procedure of the Ordinance under Para. 4, notwithstanding of the status and the legal-organization form of the persons, carrying out the activity under Art. 57, Para. 2 in the TIC.

(3) Only centres, which are part of the national network under Para. 1 may be indicated as TIC.

(4) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The single standards under Para. 1 and the organization of the activity of the national network shall be determined by an ordinance of the Minister of Tourism.

(5) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The information about the TIC, included in the national network shall be published in the register, specified for this, kept in the Ministry of Tourism. The register shall be public and part of the National tourist register.

 

Chapter six. FINANCIAL ASSISTANCE OF TOURIST DEVELOPOMENT

 

Art. 59. (1) The state shall assist financially the sustainable development of tourism by providing funds for:

  1. national tourist marketing and advertisement;
  2. single system for tourist information;
  3. the activity of OTRM;
  4. studies and analyses of the tourist development;
  5. strategic and product planning of tourism at national level;
  6. control over the quality of the tourist activities and services;
  7. participation in projects on international programmes;
  8. building up and maintenance of the infrastructure, servicing tourism – state ownership;
  9. increasing the energy effectiveness and introduction of ecological technologies in the tourist area;
  10. building up and maintenance of the tourist attractions, based on cultural values under the Act in Cultural Heritage, the cultural institutes under the Protection and Development of Culture Act, the protected territories under the Protected Areas Act.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) To the budget of the Ministry of Tourism shall be administered the following revenues:

  1. (amend. – SG 43/16) subsidy from the state budget, determined by the Act on State Budget for the relevant year;
  2. registration charges for tourist activity, categorization and certification of the tourist sites;
  3. revenues from fines and property sanctions, imposed under this act with the exception of the revenues from imposed fines and property sanctions by the municipality Mayors;
  4. interests
  5. funds from international programmes and agreements;
  6. donations and assistance;
  7. other sources, determined by a normative instrument.

(3) The funds under Para. 1, p. 10 shall be target, provided annually in the budget of the Ministry of Culture and on the budgets of the municipalities for the managed by them cultural values and cultural institutes.

 

Art. 60. (1) The funds for tourist development in the municipalities shall be collected by:

  1. funds, provided for implementation of target programmes and projects
  2. the funds, collected from the tourist tax;
  3. donations and assistance on international programmes and agreements, where it is not provided that they should come into the state budget.

(2) The funds under Para. 1, p. 2 shall be spent only for the events under Art. 11, Para. 2.

 

Chapter seven. TOUR-OPERATORS AND TOURIST AGENT ACTIVITY

Section I. Conditions and procedure for carrying out tour-operators and tourist agent activity

 

Art. 61. (1) Tour-operators and tourist agent activity shall be subject to control by the state in view to protection and guarantying security and the rights of consumers if tourist services, as well as in view to prevention occurrence of danger of prejudicing state and public interests in tourism.

(2) Tour-operators and/or tourist agent activity on the territory of the Republic of Bulgaria shall be carried out by a person, registered under this act with the exception of the cases under Art. 62, who:

  1. is a trader in the meaning of the Commercial Act or a legal person, who has the right under another act to carry out economic activity, including on the legislation of another EU Member State and is not in a procedure of liquidation or insolvency, or
  2. is a person, who has the right to carry out such activity on the legislation of another EU Member State, and
  3. has a premise for carry out the activity, staff with the necessary education and language qualification, where for the managing staff length of service shall be needed;
  4. has valid insurance, covering its responsibility for caused damage as a result of failure to pay to its counteragents, including in case of liquidation and insolvency.

(3) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The registration of the persons under Para. 2 shall be carried out by the Minister of Tourism or an official, authorized by him/her by entering into the Register of tour-operators and tourist agents – part of the National tourist register. The register shall be public.

(4) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The entered in the register under Para. 3 persons, shall be issued a registration certificate by the Minister of Tourism or by an official, authorized by him/her.

(5) The registration certificate under Para. 4 shall be issued for carrying out the following activities:

  1. tour-operators activity;
  2. tourist agent activity;
  3. tour-operators and tourist agent activity.

 

Art. 62. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In the cases of free provision of services on the territory of the Republic of Bulgaria by a tour-operator or tourist agent, he/she shall notify in advance the Minister of Tourism according to this Section.

(2) Where the free provision of services under Para. 1 is carried out for the first time on the territory of the Republic of Bulgaria, the notification shall be carried out within the term of 3 months before the beginning of the service provision.

(3) Information about the person under Para. 1 and about the term of provision of services shall be published in the register of Art. 61, Para. 3.

 

Art. 63. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) For entering into the register of the tour-operators and tourist agents, the persons under Art. 61, Para. 2, p. 1 shall submit an application according to a form to the Minister of Tourism, which shall have attached the following:

  1. declaration according to a form for registration in the commercial register with indication of EIC or a copy of a document, certifying that the applicant has the right to carry out economic activity under a special act, including under the legislation of another EU Member State;
  2. declaration, that the one-man trader has not been put under prohibition;
  3. information under a form about the number, position, suitability and equipment of the premise for carrying out the tour-operators and/or tourist agent activity;
  4. a copy of the property instrument of the premise for carrying out the activity or a copy of the rental contract or another document, under which the applicant has the right to use the premise for carrying out the activity;
  5. information according to a form about the education, language qualification and length of service of the staff, who will be occupied in carrying out the tourist activity;
  6. a copy of the documents, certifying a finished education, length of service and language qualification of the person, carrying out functions on management of the tour0operators and/or tourist agent activity;
  7. a copy of a preliminary insurance contract under Art. 97, Para. 1;
  8. declaration by the applicant, that he/she is not connected person with a trader, whose registration for carrying out tour-operators and/or tourist agent activity has been deleted or that he/she has not been a trader, declared in insolvency or has been refused registration within the terms under Art. 66, Para. 4, p. 1 and 2;
  9. an explicit letter of attorney in original, where the application is submitted by an authorized person;
  10. document for a paid fee for examination of the documents under the tariff under Art. 69, Para. 3.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) For entering into the register of tour-operators and/or tourist agent persons under Art. 61, Para. 2, p. 2 shall submit an application under a form to the Minister of Tourism, which shall have attached the following:

  1. a copy of the document, certifying the right of the applicant for carry out the relevant tourist activity under the legislation of the state, in which he/she is established or indication of the normative instrument and the relevant legal ground, under which the applicant has the right to carry out the activity;
  2. a copy of a certificate or another document of a credit or insurance institution, guaranteeing the responsibility of the applicant for caused damages as a result of failure to pay to his/her counteragents, including in case of incapability to pay or insolvency;
  3. the documents under Para. 1, p. 3 - 5, 9 and 10.

(3) In case that a person under Art. 61, Para. 2 wishes to carry out tour-operators and/or tourist agent activity only electronically, he/she shall submit the application under Para. 1, to which the following shall be attached:

  1. the documents under Para. 1, p. 1, 2, 5 - 10;
  2. a document, certifying the ownership on the internet address in relevant domain;
  3. declaration according to a form that the applicant will carry out the activity electronically.

(4) Para. 3 shall also apply to the operators of internet sites for group purchasing, where they will carry out tourist agent activity.

(5) The applications under Para. 1, 2 and 3 and the applications to them shall be submitted in the Bulgarian language.

(6) The documents under Para. 5 may be produced also in each of the EU official languages, with official translation in the Bulgarian language. In case of contradiction between the document text and the translation in the Bulgarian language, predominant shall be the translation in the Bulgarian language.

(7) In case that a registered tour-operator wishes to carry out tourist agent activity, he/she shall submit the application under Para. 1 to which the documents under Para. 1, p. 3 - 6, 9 and 10 shall be attached. For the examination of the documents and entering the additional registration as tourist agent, fees shall be paid under the tariff of Art. 69, Para. 3.

(8) IN case that a registered tourist agent wishes to submit tour-operators activity, he/she shall submit the application under Para. 1, to which the documents under Para. 1, p. 7, 9 and 10 shall be attached. For the examination of the documents and entering the additional registration as tour-operator, fees shall be paid under the tariff of Art. 69, Para. 3.

 

Art. 64. (amend. – SG, N 9/2015, in force from 3. 2. 2015) The requirements for the location, suitability and equipment of the premise for carrying out the tour-operators and/or tourist agent activity and for the education, the language qualification and length of service of the staff, who will be occupied in the tourist activity shall be determined by an ordinance of the Minister of Tourism.

 

Art. 65. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The persons under Art. 62, Para. 1 shall notify in advance by a written declaration the Minister of Tourism about the type and the duration of the carried out tourist activity.

(2) The declaration under Para. 1 shall be valid for the term of the free provision of services.

(3) In the declaration under Para. 1, the persons under Art. 62, Para. 1 shall indicate:

  1. name and data for contact (address, telephone number and email address);
  2. the tour-operators services, which they wish to provide on the territory of the Republic of Bulgaria;
  3. data about availability of insurance or guaranty, covering the responsibility of the tour-operator for caused damages as a result of failure to pay to his/her counteragents, including in case of incapability to pay or insolvency.

(4) The declaration under Para. 1 shall have attached a copy of the document, certifying the right of the applicant to carry out the relevant tourist activity under the legislation of the state, in which he/she has been established or shall be indicated the normative instrument and the relevant legal ground, under which the applicant has the right to carry out the activity.

(5) In case that there is not information under Para. 3 or a document under Para. 4, the person shall be notified in writing for removal of the incompleteness not later than 1 month from the date of receiving the notification under Para. 1. By the time the incompleteness is removed and notification of the body under Para. 1, the person shall not be able freely to provide services on the territory of the Republic of Bulgaria.

 

Art. 66. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The expert commission of registration of tour-operators and tourist agents shall examine the applications under Art. 63 with the attached to them documents within 2-month term from the date of their receiving and shall pronounce on them with a motivated proposal to the Minister of Tourism or to an official, authorized by him/her about the registration or about a refusal for registration.

(2) In case of an incompleteness and/or non-regulation of the produced documents under Para. 1, ECRTTA within the term of 10 working days from the date of the meeting, shall inform in writing the applicant and shall determine 14 day term for their removal. The term under Para. 1 shall stop to run by the date of removal of the incompleteness and/or irregularity.

(3) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism or an official, authorized by him/her on the basis of the proposal of ECRTTA shall carry out the registration and shall issue a registration certificate.

(4) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism or an official, authorized by him/her by an order shall refuse registration in the following cases:

1.the application for issuance of a registration certificate has been submitted before expiry 1 year of the refusal order for issuance of a registration certificate for carrying out tour-operators and/or tourist agent activity, unless the refusal order has been repealed by the court as unlawful;

  1. the application for issuance a registration certificate has been submitted before expiry of 3 years of the order for deletion of the certificate for registration under Art. 70, Para. 2 and 3, unless the deletion order has been repealed by the court as unlawful.
  2. the application for registration certificate has been submitted by a connected person with the applicants under p. 1 and 2;
  3. in case of failure to remove the incompleteness and/or irregularities within the set term from receiving the notification under Para. 2.

(5) The refusal order for registration shall be subject to appeal under the Administrative- procedure Code.

(6) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In case of lack of motivated refusal for registration after expiry of the term under Para. 1, the Minister of Tourism or an official. Authorized by him/her shall carry out the entry into the register and shall issue a registration certificate.

 

 

Art. 67. The registration certificate shall be handed to the applicant or to a representative, authorized by him/her with production of the following documents:

  1. a copy of the signed insurance contract under Art. 97, Para. 1 – for the tour-operators;
  2. document for a paid fee for entering into the register under the tariff of Art. 69, Para. 3;
  3. an explicit letter of attorney in original in case that the certificate is handed by an authorized person.

 

Art. 68. (1) The registration shall be limitless.

(2) The rights on the registration shall not be transferred or given, unless in the cases under Para. 3.

(3) The right on registration may be transferred or given where the registered person has restructured by joining, merging, division, separation, change of the legal form, in transfer of a trade undertaking or inheritance, if the person to which the rights are transferred or given meets the conditions for entry in the register.

(4) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The procedure for reflection of the change in the circumstances in the cases under Para. 3 is opened upon an application under a form, which shall be submitted within 14-day term after occurrence of the change to the Minister of Tourism or to an official, authorized by him/her, which shall have attached the following:

  1. a contract for reformation or a plan for reformation, or a contract for transfer of an undertaking or certificate for heirs, from which the consent for transfer, or the given rights on the registration, or that they have been taken are evident.
  2. information according to a form about the location, suitability and equipment of the premises for exercising the tour-operators or tourist agent activity;
  3. information according to a form about the education, language qualification and the length of service for the staff, who will be occupied in carrying out the tourist activity;
  4. a copy of the documents, certifying finished education, length of service and language qualification of the person carrying out the managing functions of the tour-operators or tourist agent activity;
  5. declaration by the applicant, that he/she is not a connected person with a trader, whose registration for tour-operators and/or tourist agent activity has been deleted or he has been refused registration within the terms under Art. 66, Para. 4, p. 1 and 2;
  6. a copy of a signed insurance contract under Art. 97, Para. 1 on the name of the applicant – for the tour-operators;
  7. general conditions for carrying out the activity in compliance with the act requirements;
  8. a document for a paid fee under the tariff of Art. 69, Para. 3.

(5) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In case of a change in the circumstances under Art, 63, the person shall be obliged within 14-day term after the occurrence to declare the changes for the entry in the register under Art. 61, Para. 3 and in the issued certificate, if needed. For change and/or addition to the certificate and entry in the register, an application shall be filed to the Minister of Tourism and documents, certifying the change.

(6) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In case of incomplete documents under Para. 5, within 14 day term after their receiving, the Minister of Tourism or to an official, authorized by him/her shall inform the person in writing to remove the incompleteness within 7 day term.

(7) (amend. – SG, N 9/2015, in force from 3. 2. 2015) After finding that the application under Art. 5 is regular, the Minister of Tourism or to an official, authorized by him/her shall enter the person into the register under Art. 61, Para. 3 and if needed, shall issue a new certificate for registration.

(8) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In case of failure to remove the incompleteness within the term under Para. 6, the Minister of Tourism or to an official, authorized by him/her shall refuse to express the change. The refusal shall be subject to appeal under the Administrative – procedure Code.

 

Art. 69. (1) The registration certificate shall be placed at an evident place in the tourist site, or in an appropriate way on the internet site of the person under Art. 63, Para. 3 and 4.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Where the registered person carries out tour-operators and/or tourist agent activity in more than one premises, at an evident place in each if the sites a certified, copy of the registration certificate, given by the Minister of Tourism or to an official, authorized by him/her shall be placed.

(3) (amend. – SG, N 9/2015, in force from 3. 2. 2015) For the examination of the documents, the entry into the register of the tour-operators and tourist agents, and for addition and/or change in the registration, fees shall be collected according to a tariff, approved by the Minister of Tourism.

 

Art. 70. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism or to an official, authorized by him/her, by an order shall terminate the registration:

  1. upon a written request by the registered person;
  2. in case of death of the natural person – single trader, upon an application of his/her heirs;
  3. in case of termination of the legal person;
  4. in termination of the activity of the single trader or legal person – upon his/her application;
  5. in case of putting the natural person – single trader under prohibition – upon an application of his/her guardian or trustee.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Upon a motivated proposal of ECRTTA, the Minister of Tourism or to an official, authorized by him/her, by an order shall delete the registration if the registered person:

  1. has presented untrue data or documents having untrue contents, which have served as ground for the registration or for entry of changes in it;
  2. has not filed an application within the term under Art. 68, Para. 4;
  3. is in a procedure of insolvency or liquidation;
  4. has not received the registration certificate within the term of 2 months after the notification;
  5. while carrying out his/her activity has issued a document with untrue contents, where this has been established by judicial procedure;
  6. carried out an activity without valid insurance under Art. 97, Para. 1;
  7. has carried out a repeated breach of this act and of the ordinance under Art. 79, Para. 5;
  8. does not observe the imposed obligatory administrative measure – temporary closure of the tourist site;
  9. has committed a repeated breach of the provisions under Art. 4 of the Electronic Commerce Act, if applicable;
  10. has committed repeated breaches of the ethic code and a motivated proposal has been received by a branch tourist association.

(3) The order under Para. 2 shall set a term, not longer than 2 years, in which the person shall not be able to apply for registration of the same activity.

(4) The order under Para. 2 shall be subject to appeal under the Administrative-procedure Code. The orders under Para. 2 shall be subject to an immediate implementation. The appeal of the relevant order shall not stop its implementation unless the court decrees otherwise.

(5) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In case of termination or deletion of the registration, the Minister of Tourism or to an official, authorized by him/her, shall undertake relevant actions for public announcement of the termination or deletion.

(6) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Within 7 day term after receiving the order under Para. 1, or 2, the relevant person shall be obliged to submit to the Ministry of Tourism the original of the certificate and the certified copies, if any.

 

Art. 71. While carrying out tour-operators and/or tourist agent activity, the tour-operator and/or the tourist agent shall sign contracts with:

  1. person, certified their right to carry out tour-operators and/or tourist agent activity under the relevant national legislation;
  2. persons, carrying out hotel and restaurant activity in categorized tourist sites, meeting the requirements of the relevant national legislation;
  3. persons, providing tourist services in tourist sites certified under this act;
  4. licensed insurers;
  5. licensed carriers under the relevant national legislation;
  6. tourist guides, mountain guides, ski teachers and other persons, offering additional tourist services, certified their right to carry out the relevant activity.

 

Art. 72. (1) The tour-operator shall obligatorily offer to the tourist signing the insurance "medical costs in case of illness and accident of the tourist" on behalf and on the account of a licensed insurer in trips outside the country.

(2) The insurance under Para. 1 shall not be signed where the tourist produces before the tour-operator a valid bill for signed long-term insurance "medical costs in case of illness and accident of the tourist", which validity period covers also the period of the contract for the relevant trip.

(3) In the cases under Para. 2 the tour-operator shall attach a copy of the insurance bill to the contract under Art. 82, Para. 1.

 

Art. 73. (1) The tourist voucher shall be issued for internal, entry and exit tourism only by a registered tour-operator.

(2) The tourist voucher shall be issued to the tourist, where a basic and/or additional tourist service is being provided or after signing the contract under Art. 82, Para. 1.

(3) The tourist voucher shall be issued in 3 copies, unless it is in electronic mode.

(4) For third state nationals, for which visa regimes in applied by the Republic of Bulgaria, the tourist voucher shall obligatorily be issued also on paper media with a signature and stamp of the issuer.

(5) The tourist voucher shall contains the following obligatory indicators:

  1. number and date of issuance of the voucher;
  2. firm of the tour-operator, who has issued the voucher;
  3. registration number of the registration certificate of the tour-operator;
  4. number of the registration certificate for tourist agent activity of the person, representing the tour-operator, with the exception of the cases, where the voucher is issued directly by the tour-operator;
  5. the tourists’ names;
  6. pre-paid base and/or additional service or list of the pre-paid services, included in the organized tourist trip with total prize;
  7. data for fulfilment of the service or the dates for fulfilment of the first and last service, included in the organized tourist trip with total prize;
  8. counteragents on fulfilment of the service;
  9. term and way of payment;
  10. name and signature of the official and stamp of the issuer; (this shall not refer to the tourist vouchers, issued electronically, where in such a case the name of the officer shall be required).

 

Art. 74. (1) The tourist voucher may be provided to the tourist also by a tourist agent only on behalf and on the account of a registered tour-operator.

(2) The tourist agent shall not have the right to issue own tourist voucher.

 

Art. 75. (1) The tourist voucher may be issued as an electronic document in the meaning of the Act on Electronic Document and Electronic Signature.

(2) The electronic tourist voucher shall contain the obligatory requisites under Art. 73, Para. 5.

(3) For receiving the electronic tourist voucher the tourist or tourist agent shall be needed to confirm its receiving by a return notification for receiving the electronic announcement with an attached voucher in his electronic post box.

(4) In case of an online reservation, an electronic tourist voucher shall be issued automatically by the reservation system of the tour-operator after a successful acceptation of the conditions of the tour-operator on a concrete offer and shall be sent to an e-mail address, indicated by the client.

(5) In order to guarantee the authenticity of the origin and correct contents of the electronic tourist voucher, the tour-operator – who has issued the voucher – shall create an appropriate protection of the file against changes.

 

Art. 76. (1) For a tourist service, which is not a part of organized tourist trip with a total prize, the tourist agent shall issue a reservation form. The receipt shall be issued after signing the contract between the tourist agent and the provider of the relevant tourist service.

(2) The reservation form shall be issued in 3 copies – unless where in electronic variant.

(3) The reservation form shall contain the following obligatory requisites:

  1. number and date of issuance;
  2. company and number of the registration certificate of the tourist agent;
  3. names of tourists;
  4. the type of the basic or additional tourist service;
  5. date of fulfilment of the service;
  6. name and signature of the officer and stamp of the issuer (this shall not refer to electronic reservation forms, where in this case only the officer’s name shall be written).

(4) The requirements under Art. 75 shall apply also to issuance of electronic reservation form.

 

 

Art. 77. (1) In the tourist sites for carrying out tour-operators and or tourist agent activity shall be carried out only activities, directly or indirectly related to offering of basic and additional tourist services.

(2) In the tourist sites – immovable cultural values, tour-operators and/or tourist agent activity shall be carried out whole observing the requirements of the Couture Heritage Act.

 

Art. 78. Where tour-operators and/or tourist agent activity is carried out electronically. The internet site shall contain the information under Art. 4 of the Electronic Commerce Act.

 

Section II. Organized group and individual tourist trips with total price

 

Art. 79. (1) This Section shall provide for the conditions and procedure for carrying out organized group and individual tourist trips with total price.

(2) For the purposes of this Section:

  1. tour-operator is a person, who on his/her occupation shall organize, sell of offer for sale directly or through tourist agent to end consumer organized group and individual tourist trips with total price;
  2. tourist agent is a person, who shall sell or offer for sale organized group and individual tourist trips with total price on behalf and on the account of a tour-operator.

(3) Organized tourist trips with total price, including for children and schoolchildren shall be formed only by tour-operator and shall be offered for sale by him/her and/or through tourist agents.

(4) (amend. - SG 79/15, in force from 01.08.2016) The organized in the system of the pre-school and school education children’s and school-children’s tourist trips with total price shall be conducted on the basis of a signed contract between a tour-operator and director of a competent institution in the meaning of the Pre-School and School Education Act. The contract shall be signed after approval of the head of the relevant regional education administration.

(5) (amend. - SG 68/13, in force from 02.08.2013, amend. – SG, N 9/2015, in force from 3. 2. 2015; amend. - SG 79/15, in force from 01.08.2016) The conditions and procedure for carrying out children’s and school-children’s tourist trips with total price, initiated by competent institution in the meaning of the Pre-School and School Education Act shall be determined by an ordinance, adopted by the Council of Ministers upon joint proposal of the Ministry of Tourism and the Minister of Education and Science.

 

Art. 80. (1) The tour-operator, directly or through a tourist agent shall provide to the consumer information in writing or through a leaflet or published on the internet site of the tour-operator and/or the tourist agent, which shall contain:

  1. the price and the way of payment, indicated in BGN;
  2. the initial and final date of the trip;
  3. the initial, final point and the itinerary of the trip;
  4. the number of nights, included in the tourist trip;
  5. the place of accommodation, its place, category or level of convenience and its basic characteristics – for each night, if there is difference in the category of the accommodation places; where the accommodation place is on the territory of another EU Member State, the information shall include the relevant tourist classification under the rules of the relevant receiving state;
  6. provided meals, included in the tourist trip;
  7. the minimal number of participants, where such is needed for realization of the trip and dead line for notification of the consumer, where this number is complete;
  8. general data for the passport and visa regime, as well as information about the medical and health requirements, related to the trip;
  9. name of the insurance company, with which the insurance contract for "medical costs in case of illness and accident of the tourist" has been signed under Art. 72, Para. 1;
  10. the type of the used transport means;
  11. the amount of the sum or the % of the price, which must be transferred on an account, also the term for payment of the remaining sum;
  12. the charges, not included in the price, taxes and other costs which are subject to covering by the consumer on site;
  13. name of the insurance company, with which the insurance contract has been signed under Art. 97, Para. 1;
  14. possibility for signing additional insurance contract for covering the costs in case of refusal of the trip on behalf of the consumer and the costs for assistance, including repatriation, as well as for the cases of accidents, illness or death.

(2) The provided information by the tour-operator direct or through tourist agent under Para. 1 shall be clear, exact, complete, readable and should not mislead the consumer.

(3) The tour-operator shall be bound to the information under Para. 1 and shall not be able to change it, unless in the cases, where:

  1. explicitly provided possibility for carrying out changes in it and the consumer shall be notified in writing about them before signing the contract;
  2. the changes have been made after a written agreement between the parties.

(4) The tour-operator – directly or through a tourist agent – shall be obliged to provide before signing the contract to the consumer a written or in another appropriate way information about the passport and visa regime and the terms for receiving the needed document, as well as information about the medical and health requirements, related to the trip and stay.

 

Art. 81. (1) The tour-operator - directly or through a tourist agent shall provide in writing to the consumer all the conditions of the contract before its signing.

(2) The written form shall be considered as observed, if the information is published on the internet site of the tour-operator and/or the tourist agent and they have notified the consumer that the information is placed on the internet site or has been submitted electronically to the consumer at an e-mail address, indicated by him/her.

(3) The obligation for provision of information under Para. 1 and under Art. 86, Para. 1 shall not apply in case of reservation and signing contract for organized trip at the last moment.

 

Art. 82. (1) With the contract for organized trip the tour-operator shall be obliged to provide tourist trip with total price of the consumer for payment of a determined price.

(2) The contract for organized trip shall be signed in writing and a copy of it shall be given to the consumer.

(3) The contract shall contain:

  1. date and place of signing;
  2. company, central office, management address, EIC, registration number of the tour-operator and/or the tourist agent, as well as name, address and data of the consumer’s identity document;
  3. the type of the used transport – air, road, water – pointing out the type of the transport means, airplane – charter or regular, bus, ship – name, nationality, belonging and class, other type of transport, sailing vessel, etc.
  4. the trip itinerary, starting point, time and place of starting, expected time of arrival at the final point, time and leaving place of the final point, the expected time of arrival, duration of the stay;
  5. location and type of the tourist sites, where in the trip price the ticket prices of the visit have been included;
  6. location, type and category of the accommodating places and number of nights where the trip includes nights;
  7. type and category of the meal places and entertainment, number and type of meals, included in the trip;
  8. visits, trips, transfers and other services in the total price;
  9. special requirements of the consumer, requested by him/her before signing the contract, for which agreement has been reached by the contract parties;
  10. total price, announced in BGN, of all the services, included in the contract, other payments, not included in the price, term and way of payment;
  11. possibility for change of price, the procedure and the way in which it will be recalculated in the cases under Art. 88, Para. 1;
  12. dead line, in which the consumer has the right to withdraw from the contract without owing forfeit and compensation, as well as deadline in which the consumer should notify the tour-operator or the tourist agent that he/she gives his/her trip to a third person;
  13. size of the forfeit, which the consumer owes to the tour-operator in case of withdrawal from the contract after the term under p. 12;
  14. minimal number of participant if such is needed for realization of the trip and deadline for notification of the consumer, where this number has not been completed and the trip may be postponed;
  15. requirements for the form, ways and terms in which the consumer has the right to request reclamation in the cases of failure to be fulfilled or incorrect fulfilment of the contract;
  16. company and address of the insurer with whom the tour-operator has signed the insurance contract under Art. 97, Para. 1.

(4) The written form shall be considered observed also where the contract has been signed through sending of a signed by the parties copy on the e-mail in an appropriate form, certifying the reliable signature or signed electronically if the contract parties have electronic signatures.

(5) The contract for organized trip may be signed also in electronic form where it refers to a proposal, published on the internet site of a tour-operator or tourist agent by placing a remark: "I accept the general conditions and the contract contents for organized trip" and while observing the relevant requirements of the Electronic Commerce Act and the Consumer Protection Act.

(6) Where the contract subject is organized children’s and school children’s tourist trip with total price, the number of the nights shall be determined in compliance with Art. 84.

(7) The tour-operator shall not refer to a lack of requisite of the contract.

(8) The contract shall contain information for the substantial elements of the signed obligatory insurance "medical costs in case of illness and accident of the tourist" for trips outside the country.

(9) The tour-operator directly or through the tourist agent shall provide the consumer with an original of the insurance bill of insurance "medical costs in case of illness and accident of the tourist" before the beginning of the trip.

(10) The tour-operator shall be obliged to keep the signed by him/her or through tourist agent contracts for organized trip for the term of 3 months from the date of signing.

 

Art. 83. With the contract for organized children’s and school children’s trip with total price, the tour-operator and carrier shall be obliged to undertake trips only during the light part of the day.

 

Art. 84. In case that the organized children’s and school children’s trip with total price is carried out by bus carriage, the children and school children shall be provided by at least 8 hours night sleep in a categorized place of accommodation.

 

Art. 85. The contract for organized trip shall not contain unequal clauses in the meaning of Art. 143 of the Consumer Protection Act.

 

Art. 86. (1) The tour-operator directly or through the tourist agent shall be obliged to provide to the consumer in writing after signing the contract – but not later than 7 working days before the beginning of the trip – information about:

  1. the name or company, address and telephone number of his/her representative in the place to be visited, and in case of no representative – data for establishing contact with the organizations in the place to be visited, which may give assistance to the consumer in case of problems; where there is not such organization, the consumer shall be provided with a telephone or fax number or e mail address for connection with the tour-operator or the tourist agent;
  2. the time and places of the interim stops and connections;
  3. the type of the used transport means;
  4. the insurances, related to fulfilment of the contract.

(2) Where the period between signing the contract and the initial date of the trip is shorter than 7 working days, the information under Para. 1 shall be provided with signing the contract.

(3) In case of travelling abroad of juveniles or under age youths the tour-operator shall directly or through the tourist agent within the term of Para. 1 shall provide to a parent, or guardian information, which gives opportunity for direct contact with the juvenile or under age youth or with the person, responsible for them at the place of their stay.

 

Art. 87. The information under Art. 80, Para. 1 and 4, Art. 81, Para. 1 and Art. 86, Para. 1 and the contract under Art. 82 shall be provided in the Bulgarian language.

 

Art. 88. (1) The price of the organized trip shall not be increased apart from the cases, where this has been provided explicitly by the contract and under the conditions, that the contract defines the way of calculating the change in the price and the change is only due to:

  1. increasing the value of the transport costs, including the fuel;

2.increase of fees, related to services on the contract – as airport fees, port and other fees;

  1. change of the currency course under the contract in the period between signing the contract and the date of the trip.

(2) The price shall not be increased 20 days before the initial date of the trip.

(3) The increasing of the price shall be economically grounded and shall correspond to the changed costs.

(4) The price of the organized trip may be decreased.

 

Art. 89. (1) Where the tour-operator changes substantially some of the basic clauses of the contract, he/she shall be obliged – directly or through the tourist agent to notify the consumer about the change within 2-day term after its occurrence, but not later than 10 days before the initial date of the trip. The consumer may:

  1. accept the changes, which shall be certified by an additional written agreement under the contract, which shall indicate their expression on the cost, or
  2. withdraw from the contract without owing defaults or compensation.

(2) Increase of the price by more than 5% shall be considered as substantial change of the contract.

(3) The consumer shall notify about his/her decision the tour-operator or the tourist agent within the term of 3 days after receiving the notification, but not later than 7 days before the initial date of the trip.

(4) Where the consumer withdraws from the contract under Para. 1, p. 2, he/she shall have the right to choose one of the following possibilities:

  1. to accept another trip of the same or higher quality, where the tour-operator or tourist agent can offer such one, or
  2. to accept tourist trip of total value of a lower quality, where in this case the tour-operator or tourist agent shall be obliged to give to the consumer the difference in the price between the declined and offered trip, or
  3. to be given back the paid by him/her sums under the contract within 7-day term from the date, on which the tour-operator has received the notification for refusal.

(5) In the cases under Para. 1 and 4 the consumer shall have the right to request compensation for all property and non-property harms, caused by the failure to fulfil or not exact fulfilment of the contract.

 

Art. 90. (1) Where the tour-operator cancels the organized trip before its start because of a reason, which is not due to the consumer, the latter shall have the rights under Art. 89, Para. 4. In these cases the consumer shall have the rights under Art. 89, Para. 5, unless:

  1. where the needed minimal number of participants has not been filled for realization of the organized trip and for which the consumer has been notified in writing within the terms, defined by the contract, or
  2. if the cancelation of the trip is due to insurmountable force.

(2) Duplication of reservation shall not be considered as insurmountable force.

(3) Where the consumer refuses the organized trip before its start upon his/her reason, the tour-operator shall have the right to deduct default only in case that its amount is explicitly indicated in the contract for organized trip.

 

Art. 91. (1) The consumer may transfer the rights and obligations under the contract to a third person, who meets all the requirements for realization of the trip, where he/she shall notify the tour-operator or tourist agent within a term, determined by the contract.

(2) The consumer, who transfers his/her rights and obligations and the person to whom the trip has been transferred, shall be jointly responsible before the tour-operator or tourist agent for payment of the total price on the contract and of the costs, related to the transfer.

 

Art. 92. (1) The consumer shall notify in the shortest term the service provider and the tour-operator or the tourist agent for each incorrect fulfilment of the contract, found by him/her during the trip and the stay. The notification shall be made in writing or in other appropriate form, including by fax, e-mail or other technical means, which gives opportunity to be expressed.

(2) The service provider and the tour-operator, the tourist agent or their local representative shall be obliged within the shortest term from the reclamation to undertake the needed measures for satisfying the consumer.

 

Art. 93. (1) The tour-operator shall bear responsibility for each non-fulfilment and incorrect fulfilment of their obligations under the contract, notwithstanding of the fact if these obligations are to be fulfilled by him/her or his/her counteragents.

(2) The tour-operator may claim against his/her counteragents in case of non-fulfilment or incorrect fulfilment of the obligations under the signed contract between themselves.

(3) The tour-operator shall not bear responsibility about damages, caused by non-fulfilment or incorrect fulfilment of the contract, due to:

  1. the consumer’s behaviour;
  2. act of a third person, not connected to the contract fulfilment, which cannot be foreseen or avoided;
  3. unsurpassable force or event, which cannot be foreseen or avoided on behalf of the tour-operator or his/her counteragents in cases of fulfilment of their obligations in good will.

(4) In the cases under Art. 3, p. 2 and 3 the tour-operator shall be obliged to give immediate assistance to the consumer.

 

Art. 94. (1) The contract for organized trip may provide a upper limit of responsibility of the tour-operator about damages, caused to the consumer as a result of non-fulfilment or incorrect fulfilment of the contract. The upper limit of the responsibility of the tour-operator, agreed between the parties shall not go over the triple amount of the trip price.

(2) Where the responsibility of the counteragents of the tour-operator for damages, caused by non-fulfilment or incorrect fulfilment of the services under the contract, shall be limited by international agreements, ratified, published and enforced for the Republic of Bulgaria, the contract for an organized trip may provided restriction of the responsibility of the tour-operator in compliance with the provisions of these contracts.

(3) The provision under Para. 1 and 2 shall not apply in the cases of physical injury.

(4) Apart from the cases under Para. 1 and 2, the contract for organized trip shall not included clauses, which liberate the tour-operator from his/her responsibility under Art. 93, Para. 1.

 

Art. 95. (1) Where during the trip a substantial part of the services is not fulfilled under the contract or the tour-operator finds that he/she will not be bale to fulfil substantial part of these services, he/she shall be obliged to under take all appropriate measures for continuation of the trip without this to be connected to additional costs for the consumer and to compensate him/her in case of difference between the agreed and really provided services.

(2) In case that the tour-operator fails to undertake appropriate measures for continuation of the trip, the consumer may claim compensation of the additional costs and other damages born by him/her.

(3) Where it is not possible the appropriate measures to be under taken under Para. 1, or they are not accepted by the consumer because of a reasonable ground, the tour-operator shall be obliged to:

  1. provide transport to the initial point of the trip or to another agreed place without additional costs for the consumer and
  2. compensate the consumer for the made damages.

 

Art. 96. Separate invoices of the different elements of the agreed by the contract organized tourist trip with total price shall not liberate the tour-operator or tourist agent from their obligations under this act.

 

Section III. Insurance "Responsibility of the Tour-operator"

Art. 97. (1) The tour-operator shall sign annually contract for obligatory insurance "Responsibility of the Tour-operator with insurer in the meaning of the Insurance Code.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In initial registration in the register of the tour-operator and tourist agents, the contract for obligatory insurance shall be signed and provided to the Minister of Tourism not later than 7 days after the notification for the issued certificate for registration.

(3) The contract for obligatory insurance shall not contain clauses, which exclude or restrict the rights to the consumer under this Section.

 

Art. 98. (1) The obligatory insurance under Art. 97, Para. 1 shall cover the responsibility of tour-operator for caused damages as a result for not payment with his/her counteragents, including in case of insolvency or bankrupt.

(2) The insurance under Para. 1 shall cover:

  1. restoration of the paid by the consumer sums under the contract before the beginning of the trip in case that it is not realized not because of the consumer;
  2. payment of the difference in the cases, where during the trip only part of the services, agreed by the contract have been provided;
  3. the costs, related to returning of the consumer to the initial point of the trip.

(3) The insurance under Para. 1 shall cover the responsibility of the tour-operator for caused damages of consumers under contracts for organized tourist trip with total price, signed and paid within the period of its action, including in case of termination of the insurance contract.

(4) With the occurrence of an insurance event in the cases, where a tourist agent has sold a tourist trip, organized by the tour-operator under Para. 1 and has restored to the consumers the sums under Para. 2, p. 1 and 2, the tourist agent shall enter into the rights of the consumers of insurance services to the insurance under the insurance contract.

 

Art. 99. (1) The insurance contract shall be signed for the term of 1 year and shall be renewed or a new contract shall be signed not later than 30 days before the date of its expiry.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) In case of termination of the insurance contract before its expiry, the registered person shall be obliged to sign a new insurance contract and to provide it to the Minister of Tourism not later than 7 days after its termination.

(3) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The tour-operator shall provide to the Minister of Tourism a copy of the insurance contract under Para. 1 within 14-day term after its signing or renewal.

(4) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The conditions and procedure of the insurance contract under Art. 97, Para. 1 shall be determined by an ordinance of the Council of Ministers upon proposal of the Minister of Tourism.

(5) The ordinance under Para. 4 shall provided also the insurance coverage, the limits of responsibility and the way of defining the insurance amount.

 

Art. 100. (1) The tour-operator directly or through a tourist agent shall provide to the consumer a certificate, issued by the insurer, certifying the availability of a contract for obligatory insurance.

(2) The tour-operator, directly or through a tourist agents shall provide to the consumer the certificate under Para. 1 before signing the contract for an organized trip with total price and before payment of the price or advance payment by the consumer but not later than 7 days before the beginning of the trip.

(3) Where the tour-operator, directly or through a tourist agent fails to provide to the consumer the certificate under Para. 1, the consumer shall have the right to refuse the contract, without owing forfeit or compensation.

(4) The refusal of the consumer under Para. 3 must have been made in writing before the tour-operator and tourist agent before the beginning of the trip.

 

Art. 101. (1) The certificate shall obligatorily contain the following information in the Bulgarian and in the English languages:

  1. subject of the insurance;
  2. name, registration number, central office, management address and telephone N of the tour-operator;
  3. number and date of the insurance bill;
  4. number and date of issuance of the certificate;
  5. period of validity of the insurance;
  6. name, management address, address and telephone N of the insurer;
  7. insurance coverage;
  8. insurance sum;
  9. term and way for claiming the pretention of the consumer to the insurer;
  10. term and way of payment of the compensation by the insurer;
  11. signature and stamp of the insurer;
  12. signature and stamp of the tour-operator.

(2) The certificate may contain also other useful for the consumer information, referring to the signed insurance contract.

 

 

Art. 102. Upon request on behalf of the consumer, the tour-operator or tourist agent shall be obliged to provide to him/her the document for a paid insurance or its copy.

 

 

Art. 103. (1) With occurrence of an insurance event, the insurer shall be obliged to compensate the consumer, realized his/her return to the initial point of the trip with his/her own funds, within the frames of the agreed limit of responsibility. The compensation must cover the costs, made by the consumer for the return, including the needed accommodation and food for the time of his/her compulsory stay.

(2) The consumer shall define the way himself/herself, in which he/she will make the return to the initial trip point, while observing the conditions for the trip, provided by the contract for tourist trip with total price.

 

Art. 104. (1) Where the trip has started and the tour-operator fails to fulfil his/her obligation to return the consumer to the initial trip point, the insurer may provide the payment to the counteragents and providers of costs, related to the stay and return of the consumer from the place of his/her stay to the initial trip point, including for accommodation and food for the time of his compulsory stay.

(2) In the case under Para. 1 the insurer shall define the way in which the return of the consumer will be made to the initial trip point, while respecting the consumer’s rights and observing the conditions, provided by the contract for organized trip.

(3) The tour-operator, his/her counteragent or the consumer shall notify in writing the insurer about the return to the initial trip point.

 

Art. 105. (1) The tour-operator shall be obliged immediately – but not later than 1 day after learning about the circumstances, which would lead to occurrence of the insurance event, to inform the insurer and to provide him/her the information about his/her counteragents, providers and about the consumers of his/her services, as well to give him the needed assistance.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The notification and provision of the information under Para. 1 shall be made in writing with a copy to the Minister of Tourism.

 

Art. 106. (1) The definition of the insurance compensation by the insurer shall not deprive the consumer from his/her right to claim the compensation by judicial order.

(2) If the claim has been proceeded by judicial procedure, the tour-operator shall be obliged to request the attraction of the insurer to the procedure.

(3) The consumer may claim directly against the insurer.

 

Art. 107. An agreement between a tour-operator and a consumer, born damages, shall have action for the insurer, if he/she approves it.

 

Art. 108. (1) The insurance compensation on the insurance in this Section shall be paid by the insurer, who has issued the insurance bill or by a representative, authorized by him/her.

(2) In cases, where the property responsibility of the tour-operator is defined by the court, after the enforcement of the judicial decision, the persons, having the right shall obligatorily produce to the insurers certified copies of the enforced judicial acts, with the grounds, as well as the certified copies of the adjudication orders foreclosure.

 

Art. 109. The insurance compensation shall be defined and paid by the insurer within 15 days after the tour-operator and/or the damaged consumer have produced all the requested by the insurer documents, related to establishment of the event, and the size of damages.

 

Section IV. Measures for guaranteeing the rights to disabled persons and persons with reduced mobility when travelling by air, bus and water transport (Title suppl. – SG 109/13)

Art. 110. (1) The tour-operators and tourist agents shall undertake or provided undertaking of the needed measures in compliance with Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air Text, called hereinafter Regulation (EC) No 1107/2006.

(2) The tour-operators and tourist agents shall under take and provide undertaking of the needed measures in compliance with Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ, L 55/1 of 28 February 2011), called herein after Regulation (EU) No 181/2011 in relation to disabled person or persons with reduced mobility in view to traveling by bus.

(3) (new – SG 109/13) Tour operators and travel agents shall undertake or shall make arrangements for undertaking of necessary measures in compliance with the Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No. 2006/2004 (OJ, L 334/1 of 2010) herein after referred to as “Regulation (EC) No. 1177/2010” concerning people with disabilities or with reduced mobility when travelling by maritime or inland waterway transport.

(4) (prev. par. 3, suppl. – SG 109/13) Where the undertaken measures have not been complied with the Regulation under Para. 1 or 3, the disables persons or persons with reduced mobility may claim compensation for the born damages. The compensation shall be claimed against the tour-operator or the travel agent before the relevant court.

 

Chapter eight. HOTEL AND RESTORANT MANAGEMENT

Section I. Hotel and restaurant activity

 

Art. 111. (1) Hotel or restaurant management on the territory of the Republic of Bulgaria shall be carried out only in categorized tourist sites under this act.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Categorization shall be carried out by the Minister of Tourism and by the Municipality Mayors or by officials, authorized by them – for the types of sites and categories, indicated by this act.

(3) For provision of tourist services for children and school children in the form of children’s camp, the categorized tourist sites under this act shall observe the requirements for children’s camp, in the ordinance under Art. 79, Para. 5.

 

Art. 112. The provision of this Section shall not apply to:

  1. (suppl. - SG 75/16) hotel management, carried out in rotels, botels and flotels, with the exception of the provisions of Art. 116;
  2. restaurant management, carried out on the board of ships, airplanes or trains.

 

 

Art. 113. (1) Hotel and restaurant management may carry out a person, who:

  1. is a trader in the meaning of the Commercial Act or is a legal person, who has the right under another act to carry out economic activity, including under the legislation of another EU Member State;
  2. is not in a procedure of insolvency or in liquidation;
  3. has staff with the required education and language qualification, and for the management staff also length of service shall be needed.

(2) Hotel management in rooms for guests and guest houses may carry out a person, who is not a trader in the meaning of the Commercial Act, where they are part of the house in which he/she lives.

 

Art. 114. Persons, carrying out hotel management and/or restaurant management in tourist sites under Art. 3, Para. 2, p. 1, 2 and 3 shall be obliged to:

  1. provide tourist services in a categorized tourist site or in a site, which has been issued a temporary certificate for an open procedure of categorization;
  2. provide tourist services in a tourist site, which meets the requirements for its defined category under the ordinance of Art. 121, Para. 5;
  3. place close to the entrance of the tourist site the plate under Art. 132, Para. 1 and the following information:
  4. a) the company, central office and management address of the trader;
  5. b) the working time of the tourist site – for the food and entertainment places;
  6. c) the site manager’s name with a contact telephone number.

 

Art. 115. Persons, carrying out hotel management shall be obliged to:

  1. announce the prices of accommodation and of the other services, offered by them through a price list, places at an evident place for the consumers, close to the reception;
  2. announce the prices in a way, that they should be easily understandable, to be clearly readable and not mislead the consumer;
  3. announce the prices obligatory in BGN, and if needed, also in another currency, while observing the requirements of Art. 3, Para. 4;
  4. observe the Bulgarian legislation, providing the stay of tourists on the territory of the Republic of Bulgaria.

 

                 Art. 116. (amend. - SG 75/16) (1) Persons engaged in hotel management shall keep a register of the accommodated tourists which shall include the data approved by the Minister of Tourism and published on the website of the Ministry of Tourism.

(2) The register under par. 1 shall be kept:

  1. through a centralized information system maintained by the Minister of Tourism, publicly available through a web-based application or other online access application;
  2. through an information system selected by the person doing the hotel management, meeting the requirements of the Electronic governance Act;
  3. on paper in a form approved by the Minister of Tourism and published on the website of the Ministry of Tourism.

(3) For accommodation facilities Class “A”, the register under par. 1 shall be kept under par. 2, items 1 or 2.

(4) For accommodations Class "B", tourist lodges, tourist training centers and tourist bedrooms, as well as the sites under Art. 112, item 1, the register under par. 1 shall be kept according to par. 2, items 1, 2 or 3.

(5) The Single System for Tourist Information shall contain the following data from the accommodation registers:

  1. for tourists who are citizens of the Republic of Bulgaria, of a Member State of the European Union, of a country party to the Agreement on the European Economic Area, or of the Swiss Confederation: number of accommodated tourists, date of registration and date of departure;
  2. for tourists who are citizens of countries other than those under item 1: number of accommodated tourists, identifying information about the persons under Art. 28, para. 3 of the Foreigners in the Republic of Bulgaria Act, date of registration and date of departure.

(6) Where the register of accommodation is kept under: 1. Para. 2, item 1, the data under Par. 5 shall be reflected automatically in the Single System for Tourist Information;

  1. Para.2, item 2, the persons performing hotel management shall ensure automated interoperable data exchange between the register and the Single System for Tourist Information; the exchange shall be carried out under the Electronic Government Act or through interfaces for direct connection;
  2. Para.2, item 3, the data shall be entered in the Single System for Tourist Information daily via a publicly accessible or other web interface and a secure communication session for connectivity; when tourist sites under par. 4 are located in inaccessible or remote areas where there is a lack of communication connectivity, registration shall take place once a week; such areas shall be determined by the Minister of Tourism and published on the website of the Ministry of Tourism based on data from the Communications Regulation Commission.

(7) Data under par. 5 shall not be public. Access to them shall have:

  1. persons performing hotel management regarding the data of the people accommodated by them;
  2. the municipality - for data on the number of accommodated persons, their nationality and the number of nights spent in its territory;
  3. The National Revenue Agency – for the data on the number of accommodated persons, their nationality and the number of nights spent by them throughout the country;
  4. Minister of Interior - for all data under par. 5;
  5. The National Statistical Institute - for summary statistics based on the available data in the Single System For Tourist Information, to the extent established by law.

(8) The persons under par. 7, items 2-5 may receive the data in the respective volume from the Single System for Tourist Information under the Electronic Government Act.

(9) information from the Single System for Tourist Information may be provided with deleted personal data for the accommodated persons and data for specific accommodations in an open machine-readable format for the purpose of reuse of public sector information under the Access to Public information Act.

 

Art. 117. (1) Persons, carrying out restaurant management shall be obliged to make price lists – list menu for the kitchen and confectionary production and card-menu for alcohol drinks and beverages with the sale prices and weight.

(2) The list menu and the card menu shall be provided to every consumer before the order and with provision of the bill.

(3) The list menu and the card menu shall be obligatory written in the Bulgarian language and in case of a wish, or if needed – in another language as well.

(4) The announced priced in the list menu and in the card menu shall be in equal size for all the tourists, determined while observing the requirements of Art. 3, Para. 4.

(5) for each sale of a tourist service, a fiscal bond shall be issued under the Value Added Tax Act.

 

 

Art. 118. Persons, carrying out hotel or restaurant management may sign contracts with registered tour-operators and tourist agents with hotel and restaurant managers, carrying out an activity in categorized tourist sites and with licensed carriers.

 

Section II. Categorization of the accommodation places, and food places and entertainment, attached to them, separate food places and entertainment, tourist huts and places for meals, attached to them

 

Art. 119. (1) Places for accommodation and attached to them food places and entertainment, the separate food places and entertainment, tourist huts, tourist training centres and tourist dormitories and attached to them food places shall be subject to categorization under this act, notwithstanding of the type of their ownership and way of management.

(2) food places and entertainment, placed on pontoons or on sailing vessels, anchored close to the shore.

 

Art. 120. The following shall not be subject to categorization under this act:

  1. food places and entertainment, placed in training and medical places, as well as in institutions and undertakings, intended for use only by their staff and for which there is no free access for outer visitors;
  2. fast food places, whose capacity is up to 12 seats or specified by 12 seats in parts of commercial sites;
  3. specified as places for food parts of premises or yards of categorized guest houses, guest rooms and hostels, where homemade food is offered only to the guests, entered in the register of the accommodated tourists of the relevant site;
  4. hunting places under the Hunting and Game Protection Act: hunting residence, hunting home, hunting hut and hunting shelter.

 

Art. 121. (1) Accommodation places shall have 2 grades – A and B. Accommodation places and food places and entertainment shall have the following categories; one star, 2 stars, 3 stars, 4 stars or 5 stars.

(2) The types of accommodation food places and entertainment and their characteristics shall be defined by the ordinance under Para. 5.

(3) An accommodation place may be given only one category, notwithstanding of the number of buildings, which form it and its capacity.

(4) The food places and entertainment, attached to the accommodation places may receive a category, different for the one of the accommodation place, where the difference between them shall be not more than 1 star.

(5) The requirements to the accommodation places and food places and entertainment and the procedure of receiving the category, refusal, decrease, interruption of the action and termination of the defined category shall be defined by an ordinance, adopted by the Council of Ministers.

(6) The ordinance under Para. 5 shall contain all application forms, forms and information, which refer to the accommodation places and food places and entertainment.

 

 

Art. 122. (1) Tourist huts, tourist training centres, tourist dormitories and attached to them food places shall be categorized in the following categories: 1 edelweiss, 2 edelweiss, and 3 edelweiss.

(2) The types of tourist huts, tourist training centres, tourist dormitories and attached to them food places and their characteristics shall be defined by the ordinance under Para. 4.

(3) The food places, attached to tourist huts may receive a category, different for the one of the tourist hut, where the difference between them is not more than 1 edelweiss.

(4) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The requirements to the tourist huts, tourist training centres, tourist dormitories and attached to them food places and the procedure for giving a category, refusal, termination and decreasing of a given category shall be defined by an ordinance of the Minister of Tourism.

(5) The ordinance under Para. 4 shall contain all application forms, forms and information, which refer to tourist huts and attached to them food places.

 

Art. 123. (1) Accommodation places class A shall be categorized in the following categories:

  1. hotels – 1 star, 2 stars, 3 stars, 4 stars, or 5 stars;
  2. motels: 1 star, 2 stars or 3 stars;
  3. apartment tourist compounds – 2 stars, 3 stars, 4 stars or 5 stars;
  4. villa villages - 3 star, 4 stars or 5 stars;
  5. tourist villages – 2 stars, 3 stars or 4 stars;
  6. villas - 3 stars, 4 stars or 5 stars.

(2) Accommodation places class B shall be categorized in the following categories:

  1. family hotels – 1 star, 2 stars or 3 stars;
  2. hostels – 1 star, 2 stars or 3 stars;
  3. boarding houses – 1 star or 2 stars;
  4. rest homes – 1 star, 2 stars or 3 stars;
  5. guest rooms – 1 star, 2 stars, or 3 stars;
  6. guest apartments – 1 star, 2 stars or 3 stars;
  7. guest houses – 1 star, 2 stars or 3 stars;
  8. bungalows – 1 star, 2 stars or 3 stars;
  9. camping places – 1 star, 2 stars or 3 stars.

 

Art. 124. Separate food places and entertainment and the ones attached to accommodation places shall be categorized in the following categories:

  1. restaurants: 1 star, 2 stars, 3 stars, 4 stars or 5 stars;
  2. fast food places – 1 star, 2 stars and 3 stars;
  3. drink bars – 1 star, 2 stars, 3 stars or 4 stars;
  4. coffee shops – 1 star, 2 stars, 3 stars, 4 stars or 5 stars;
  5. bars – 1 star, 2 stars, 3 stars, 4 stars or 5 stars.

 

Art. 125. (1) Tourist huts shall be categorized in the following categories: 1 edelweiss, 2 edelweiss and 3 edelweiss.

(2) Tourist training centres shall be categorized in the following categories: 2 edelweiss and 3 edelweiss.

(3) Tourist dormitories shall be categorized in the following categories: 1 edelweiss, 2 edelweiss and 3 edelweiss.

 

Art. 126. Food places, attached to tourist huts, tourist training centres and tourist dormitories shall be categorized in the following categories:

  1. tourist canteen – category 1 edelweiss and 2 edelweiss;
  2. tourist buffet – category 1 edelweiss and 2 edelweiss;
  3. tourist canteen with waiter service – category 2 edelweiss and 3 edelweiss.

 

Art. 127. (amend. – SG, N 9/2015, in force from 3. 2. 2015) The Minister of Tourism or an official, authorized by him/her, upon proposal of ECCCTS shall determine the category of:

  1. accommodation places:
  2. a) hotels – category 3 stars, 4 stars and 5 stars and attached to them food and entertainment places;
  3. b) apartment tourist compounds – all categories under Art. 123, Para. 1, p. 3;
  4. c) villa villages – all categories under 123, Para. 1, p. 4;
  5. d) tourist villages – all categories under Art. 123, Para. 1. p. 5;
  6. e) villas – all categories under Art. 123, Para. 1, p. 6;
  7. separate food and entertainment places – category 4 stars and 5 stars;
  8. the tourist huts, tourist training centres, tourist dormitories and attached to them food places – all categories under Art. 125 and 126.

 

Art. 128. The municipality Mayor or an official, authorized by him/her upon proposal of MECCTS shall determine the category of:

  1. accommodation places as follows:
  2. a) hotels – category 1 star and 2 stars and the food and entertainment places, attached to them;
  3. b) motels – all categories and the food and entertainment places, attached to them under 123, Para. 1. p. 2;
  4. c) family hotels – all categories under Art. 123, Para. 2. p. 1;
  5. d) hotels – all categories under Art. 123, Para. 2, p. 3;
  6. e) boarding houses – all categories under Art. 123, Para. 2, p. 3;
  7. f) rest homes – all categories under Art. 123, Para. 2. p. 4;
  8. g) guest rooms – all categories under Art. 123, Para. 2, p. 5;
  9. h) guest apartments – all categories under Art. 123, Para. 2, p. 6;
  10. i) guest houses – all categories under Art. 123, Para. 2, p. 7;
  11. j) bungalows – all categories under Art. 123, Para. 2, p. 8;
  12. k) camping places – all categories under Art. 123, Para. 2, p. 9;
  13. the separate food and entertainment places – categories 1 star, 2 stars and 3 stars;
  14. food and entertainment places, placed on pontoons or sailing vessels, anchored close to the shore – all categories for the relevant type under Art. 124.

 

Art. 129. (1) The person, who will carry out hotel or restaurant management in accommodation places and food and entertainment places, or a person, authorized by them shall file an application for categorization according to a form to the relevant categorizing body, with which he/she shall attach:

  1. a declaration according to a form for registration in the trade register with indicating the EIC or copies of documents, certifying that the person has the right under another act to carry out economic activity, including under the legislation of another EU Member State;
  2. declaration, that the person is not in liquidation – for persons, who are not traders;
  3. information according to a form about the professional and language qualification of the staff in the site;
  4. copies of the documents, certifying the education or the professional qualification, length of service in the tourist area and language qualification of the manager of the tourist site under the requirements of the ordinance under Art. 121, Para. 5;
  5. a form for determining the category;
  6. copies of the ownership documents of the site or a copy of the rent contract or of another contract, which shows, that the conditions for the person to carry out the relevant tourist activity in the site are available;
  7. a document, certifying that the site has been entered in exploitation or another document, certifying the legality of the site while observing the requirements of the Spatial Planning Act, or a permit for using a surface water site and a suitability certificate for the food and entertainment places, placed on pontoons or sailing vessels, anchored close to the shore;
  8. an explicit letter of attorney in original, where the application is filed by an authorized person;
  9. a document for a paid fee for examination of documents for categorization under the tariff of Art. 69, Para. 3.

(2) The person, who will carry out accommodation in guest rooms, guest apartments or guest houses or a person, authorized by him/her shall submit to the municipality Mayor an application for categorization according to a form, to which he/she shall attach:

  1. a form according to a form for determining the category;
  2. a copy of the site ownership document or a copy of the rent contract or another contract, which shows that the conditions for the person to carry out the relevant tourist activity are available in the site – in case that this person is different for the site owner;
  3. an explicit letter of attorney in original, where the application is submitted by an authorized person;
  4. a document for a paid fee for examination of the categorization documents under the tariff in Art. 69, Para. 3.

(3) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The person, who will carry out hotel or restaurant management in tourist huts, tourist training centres, tourist dormitories and food places, attached to them or a person, authorized by him/her, shall submit to the Minister of Tourism a categorization application, according to a form, which shall have attached:

  1. a declaration according to a form for registration in the trade register with indication of EIC or copies of documents, certifying that the person has the right under another act to carry out economic activity, including under the legislation of another EU Member State;
  2. a declaration, that the person is not in liquidation – for persons, who are not traders;
  3. a form for determining the category;
  4. copies of the site ownership documents or a certificate from the public register of the sport sites and the sites for social tourism under Art. 48a of the Physical Education and Sports Act;
  5. a copy of a rent contract or another contract, which shows that the conditions for the person to carry out the relevant tourist activity in the site are available;
  6. explicit letter of attorney in original where the application is submitted by an authorized person;
  7. a document for a paid fee for examination of the categorization documents under the tariff of Art. 69, Para. 3.

(4) The applications under Para. 1, 2 and 3 with the documents, attached to them shall be filed in the relevant categorization body.

(5) Documents under Para. 1, 2 and 3, produced in a foreign language shall be attached with an official translation in the Bulgarian language.

 

Art. 130. (1) The relevant shall examine the applications and the attached documents to them within 14 day term from the date of their receiving and after finding out that the produced documents comply with the requirements of Art. 129, Para. 1, 2 and 3, shall pronounce on them with a grounded proposal to the relevant categorization body or to an official, authorized by it to open a procedure of categorization of the tourist site and to issue a temporary certificate for the open procedure of categorization.

(2) In case that an incompleteness or irregularity is found in the produced documents under Art. 129, Para. 1, 2 and 3, the relevant expert commission on categorization of tourist sites, within 10 working days from the of the meeting, shall notify in writing the applicant and shall determine a 14-day term from receiving the notification for their removal. The term under Para. 1 shall stop to run to the date of removal of the incompleteness and/or irregularity.

(3) If within the set term under Para. 2 the incompleteness and/or irregularity are not removed, the relevant categorization body, by an order shall refuse determination of a type and category of the site. The order shall be submitted to the applicant.

(4) The temporary certificate for an open categorization procedure, with the exception of the cases under Art. 131, shall be for a validity term as follows:

  1. (amend. – SG, N 9/2015, in force from 3. 2. 2015) for tourist sites, subject to categorization by the Minister of Tourism (with the exception of the sites under Art. 3, Para. 2, p. 3) – 4 months;
  2. for the tourist huts, tourist training centres, tourist dormitories and attached to them food places – 6 months;
  3. for tourist sites, subject to categorization by the municipality Mayors – 2 months.

(5) Within the term of Para. 4 of the temporary certificate upon decision of the relevant ECCCTS, an expert group shall be selected for check up on site fir its compliance with the requirements for the applied category.

(6) For the check-up under Para. 5, a statement protocol shall be drawn up, which shall contain a proposal for determination – or refusal – for determination of a type and category of the tourist site.

(7) The categorization body or an official, authorized by it, on the basis of the proposal of ECCCTS, within the relevant term under Para. 4, shall determine the type and category of the site and shall issue a certificate for the determined category or by a grounded order shall refuse the determination of a category.

(8)Determination of a category of the attached food and entertainment places to the accommodation places shall be carried out within the terms, provided for the applied category of the r relevant accommodation place.

(9) The refusal under Para. 3 and 7 shall be subject to appeal under the Administrative – procedure Code.

 

 

Art. 131. (1) Tourist sites with a season regime of operation, where within the term of the issued temporary certificate for an open categorization procedure of the site, no check-up has been carried out on site for its compliance with the requirements of the applied category, upon a reason, which does not depend on the hotel or restaurant managers, the term of the temporary certificate may be extended once.

(2) The relevant ECCCTS shall estimate concretely each case under Para. 1.

(3) The categorization body, upon proposal of the relevant ECCCTS, by an order shall determine the term under Para. 1 and shall issue a new temporary certificate with an updated validity term.

 

Art. 132. (1) The categorized accommodation places and the attached to them food and entertainment places, separate food and entertainment places, tourist huts, tourist training centres and tourist dormitories and the attached to them food places shall be issued category symbolics, depending on their type and category, including a certificate and a sign, which shall be placed at an evident place in the site.

(2) (amend. – SG, N 9/2015, in force from 3. 2. 2015) The category symbolics under Para. 1 shall be unified and shall be issued according to a form, confirmed by the Minister of Tourism.

(3) The category symbolics shall be received in person or by an authorized representative by the applicant, who with its receiving shall apply a copy of a document for a paid fee for entering in the National tourist Register under the tariff of Art. 69, Para. 3.

(4) The inscriptions for the type, name and category of the tourist sites under Para. 1 shall not mislead the tourist.

 

Art. 133. (1) The category of the accommodation places and the attached to them food and entertainment places, the separate food and entertainment places, tourist huts, tourist training centres, tourist dormitories and the attached to them food places shall be determined on the basis of the relevant minimal obligatory requirements for construction, furniture and equipment, service, the offered services and professional and language qualification of the staff, indicated in the ordinance under Art. 121, Para. 5, or in the ordinance under Art. 122, Para. 4.

(2) The term of the issued certificate for a determined category of the tourist sites under Para. 1 shall be 5 years, with the exception of the term of the certificates for the sites, placed on a pontoon, which shall have a term, corresponding to the action term of the permit.

(3) Within the term of 3 months before expiry of the 5 year term, the person shall declare their wish to confirm the category of the site or to receive a category, different for the one, determined by that moment, as well as to pay a fee for a check-up on site in the tourist site under the tariff of Art. 69, Para. 3.

(4) In case that the relevant person fails to undertake the actions under Para. 3 within the set term, the site category shall be terminated with the expiry of the term. In this case for the same site a new category may be determined under Art. 129 and 130.

(5) The document for a paid fee and the categorization declaration of the site under Para. 3 shall be submitted to the relevant categorization body on site, by post or electronically.

(6) (amend. – SG, N 9/2015, in force from 3. 2. 2015) Employees of the Ministry of Tourism, or of the municipality shall carry out check-up on site in the tourist site for a complete compliance of the site with the requirements of the declared category. In case of a found incompliance of the site, within the 3 month term, the current category term shall be extended or a new category shall be determined.

(7) For the determined category of the site under Para. 6, a new certificate shall be issued, which shall be received by the person after returning the previously issued one.

(8) In case of a change of the site category, the new sign under Art. 132, Para. 1 shall be received after returning the previously issued one.

 

Art. 134. (1) The person, who carries out hotel and restaurant management in a categorized tourist site, or a person, authorized by him/her, may submit to the relevant categorization body an application for change of category of the tourist site in higher than the one, determined under Art. 129.

(2) The person under Para. 1 shall not be issued temporary certificate for an open procedure of categorization.

(3) The issued certificate shall keep its force by the issuance of the new categorization certificate.

(4) With receiving of the new certificate, the person under Para. 1 shall return the previously issued one.

(5) In case that the person under Para. 1 declares a change in the tourist site category in a lower than the determined category and with the application under Para. 1 he/she attaches a declaration, which certifies that the entered data in the National tourist register for him/her and for the site have not been changed, within 14 day term after the application has been received, upon proposal of ECCCTS, the person shall be issued a new categorization certificate according to his/her request.

(6) For the change under Para. 5 a fee shall be collected under the tariff of Art. 69, Para. 3.

 

Art. 135. (1) The category of the accommodation places and the attached to them food and entertainment places, separate food and entertainment places, tourist huts and attached to them food places shall be lowered in case of failure to be fulfil the requirements for the determined category.

(2) Lowering the site category shall be compulsory administrative measure and shall be applied by an order of the categorization body upon decision of ECCCTs, or ECCTS.

(3) The order of the categorization body under Para. 2 shall be subject to appeal under the Administrative – procedure Code. The appeal of the order shall not stop its implementation, unless the court orders otherwise.

 

Art. 136. (1) The action of the certificate for a determined category of the accommodation places may be terminated upon an application of the person, carrying out activity in the site for a certain term within the frames of the current year.

(2)The application under Para. 1 shall be submitted to the relevant categorization body.

(3) The term under Para. 1 shall not be longer than 6 months and shorter than 1 month.

(4) The reasons and term for which the termination is required, shall be indicated in the application under Para. 1.

(5) The term of termination of the category certificate force shall be entered in the National tourist register.

(6) For the period of termination of the category certificate force, the relevant person shall not have the right to carry out activity in the site.

 

 

Art. 137. (1) The category of the accommodation places, food and entertainment places, tourist huts, tourist training centres, tourist dormitories and the attached to them food places shall be terminated:

  1. with the expiry of the term of the given category;
  2. upon request of the owner or of the person, carrying out activity in the tourist site – with submission of an application;
  3. in case of death of the natural person, or in case of termination of the legal person, carrying out the activity in the tourist site;
  4. if in 3 month term after issuance of the category symbolics of the tourist site, the person carrying out activity in it fails to appear for its receiving, and for the season sites – within 1 month term;
  5. in case of submission of an application for change of site category –with receiving the new certificate;
  6. in case of opening an insolvency or liquidation procedures of the hotel or restaurant manager;
  7. In case of a change of the type of the tourist site;
  8. in case of reconstruction, general repair or reconstruction of the tourist site in the meaning of the Spatial Planning Act;
  9. in case of a repeated breach of the requirements for a certain category;
  10. (amend. - SG 75/16) in case of failure the obligations under Art. 116, Para. 1 and 6 to be fulfilled.

(2) In the cases under Para. 1 the category of the tourist sites shall be terminated by an order of the relevant categorization body or by an official, authorized by it.

(3) After termination of the tourist site category, the issued certificate shall be void. New category of the site shall be determined under Art. 129.

(4) The categorization body order under Para. 2 shall be subject to appeal under the Administrative – procedure Code. The appeal shall not terminate its implementation, unless the court orders otherwise.

(5) With termination of the category of the site, the categorization body shall undertake relevant actions for public announcement of the termination through the mass media.

 

Chapter nine. CONDITIONS AND PROCIDURE FOR PROVIDING SPA AND WELLNESS SERVICES. CERTIFICATION OF MEDICAL SPA, SPA, WELNES AND TALASOTHERAPEUTIC CENTRES (IN FORCE FROM 26.09.2013)

 

Art. 138. (1) (amend. – SG, N 9/2015, in force from 3. 2. 2015, amend, - SG, 9/2015, in force from 3. 2. 2015) The Minister of Tourism or an official authorized by him/her shall issue a certificate for the attached to the accommodation places and separate centres in a holiday and city environment built up, equipped and furnished for provision of medical SPA, wellness and talasotherapeutic services under this act.

(2) Right to use in the name the SPA abbreviation, or the words medical SPA, wellness and talasotherapy, or to provide services, combined under the name medical SPA or SPA/wellness services, indicated in advertisement brochures, leaflets or on internet sites shall have only the persons, carrying out activity in the buildings or premises, which have received a certificate for medical SPA centre, SPA centre, wellness centre or talasotherapeutic centre under this act.

(3) (amend, - SG, 9/2015, in force from 3. 2. 2015) The terms and conditions for certification of the centres under Para. 2, the requirements for the staff and for the person with management functions of the relevant centre shall be determined by an ordinance, issued jointly by the Minister of Tourism and the Minister of Health.

(4) The centres under Para. 2 shall receive the relevant certificate in compliance with the minimal obligatory requirements for construction, furnishing and equipment, service, offered service and professional and language qualification of the staff, indicated in the ordinance under Para. 3.

(5) The ordinance under Para. 3 shall also contain all the forms of application and information which refer to the centres under Para. 2.

 

Art. 139. Certifying the centres under Art. 138, Para. 1 shall be carried out in view to certification the suitability of the centre for offering medical SPA, Spa, wellness and talasotherapeutic services, increasing the quality of the offered services and guaranteeing the rights and raising the security of consumers of those services

 

Art. 140. (1) provision of medical SPA, Spa, wellness and talasotherapeutic services in centres, certified by this act shall be carried out by a person, who:

  1. is a trader in the meaning of the Commercial Act or is a legal person who has the right under another act to carry out economic activity, including under the legislation of another EU Member State;
  2. is not in a insolvency or liquidation procedures;
  3. has staff with the needed education, professional, language qualification and length of service;
  4. has a manager with the required education, professional, language qualification and length of service;
  5. has provided suitable premises, furnishing and equipment and conditions for provision of the relevant services under the requirements of the ordinance of Art. 138, Para. 3.

(2) (amend, - SG, 9/2015, in force from 3. 2. 2015)The person under Para. 1 or his/her authorized person shall submit an application according to a form to the Minister of Tourism, which shall have attached:

  1. copies of documents, certifying that the person has the right under another act to carry out economic activity – for the persons who are not traders, including under the legislation of another EU Member State;
  2. declaration that the person is not in liquidation – for the persons who are not traders;
  3. copy of the centre ownership document or of the rent contract or another contract, which shows that the person has the rights to use the premises;
  4. document, certifying the introduction of the site in exploitation;
  5. staff information – according to a form;
  6. documents, certifying the education, professional and language qualification and length of service of the person – manager of the site, under the requirements of the ordinance of Art. 138, Para. 3;
  7. declaration, that the person has provided suitable premises, furnishing and equipment and conditions of providing the relevant services for the declared for certification site under the requirements of the ordinance of Art. 138, Para. 3;
  8. explicit letter or attorney in original, where the application is filed by an authorized person;
  9. document for a paid fee for examination of the certification documents under the tariff of Art. 69, Para. 3.

 

Art. 141. (1) The application and the attached documents to it shall be examined within 14 day term from the date of their receiving.

(2) In case of a found incompleteness or irregularity of the produced documents under Para. 1, the applicant shall be given 14 day term for their removal. The term under Para. 1 shall stop to run till the date of removal of the incompleteness or irregularity.

(3) (amend, - SG, 9/2015, in force from 3. 2. 2015) If within the set term from receiving the notification under Para. 2 the applicant fails to remove the incompleteness or irregularity, the Minister of Tourism or an official, authorized by him, by an order shall refuse issuance of a certificate.

(4) (amend, - SG, 9/2015, in force from 3. 2. 2015) The Minister of Tourism or a Deputy Minister, authorized by him/her, within the term under Para. 1, on the bases of the produced documents shall issue a certificate or shall refuse with a ground the certification of the site.

(5) The refusal under Para. 3 and 4 shall be subject to appeal under the Administrative-procedure Code.

 

Art. 142. (1) The certified centres shall be issued a category symbolics depending on their type, including a certificate and a sign, which shall be placed at an evident place in the site.

(2) (amend, - SG, 9/2015, in force from 3. 2. 2015) The category symbolics under Para. 1 shall be unified and shall be made according to a sample, confirmed by the Minister of Tourism.

(3) The category symbolics shall be received in person or by an authorized representative by the applicant, who with receiving it shall apply a copy of a document for a paid fee for entering in the National tourist register under the tariff of Art, 69, Para. 3.

(4)The signs about the type, name and category of the tourist sites under Para. 1 shall not mislead the tourist.

(5) The certificate shall be valid for the term of 5 years from the date of its issuance.

(6) Renewal of the certificate shall be admitted before expiry of the term of Para. 5.

(7) The certified centres, as well as the persons, providing services in them shall be entered in a register, intended for that. The register shall be public and shall be part of the National tourist register.

(8) In case of a change in the entered circumstances in the register under Para. 7, which impose issuance of a new certificate, it shall be issued upon an application of the entered person which shall be filed within 14day term from occurrence of the change.

(9) For entering a change in the entered circumstances, fee shall be collected under the tariff of Art. 69, Para. 3.

 

Art. 143. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015) The certified site and the person, carrying out an activity in it shall be deleted from the register and the certificate shall become invalid by an order of the Minister of Tourism or an official, authorized by him/her, in case of:

  1. expiry of the term;
  2. upon a request of the person, carrying out activity in the tourist site;
  3. termination of the legal person, carrying out activity in the tourist site;
  4. opening an insolvency or liquidation procedure of the person, carrying out activity in the tourist site;
  5. change of the type of the tourist site;
  6. repeated breaches of the requirements of the relevant type of site, indicated in the ordinance of Art. 138, Para. 3;
  7. failure to file an application under Art. 142, Para. 8.

(2) After termination of the certificate, a new certificate shall be issued under the procedure of Art. 140 and 141.

(3) The order under Para. 1shall be subject to appeal under the Administrative – procedure Code. The order shall be subject to an immediate implementation. The appeal of the order shall not interrupt its implementation, unless the court orders otherwise.

 

Chapter ten. SUBMITTING DOCUMENTS IN ELECTRONIC WAY (IN FORCE FROM 26.09. 2013)

Art. 144. (1) The registration application for carrying out tour-operator’s and/or tourist agent activity, for categorization of the tourist sites under Art. 3, Para. 2, p. 1 – 3 and for certification of tourist sites under Art. 3, Para. 2, p. 5 with the attached to them scanned documents may also be submitted in electronic way.

(2) The applications and notification shall be signed by a qualified electronic signature by the applicant. As applicant shall be considered the person, on whose behalf the electronic statement has been made.

(3) (amend, - SG, 9/2015, in force from 3. 2. 2015) On the internet site of the Ministry of Tourism and on the internet site of the relevant municipality, the electronic address shall be published at which the applications may be submitted.

(4) (amend, - SG, 9/2015, in force from 3. 2. 2015) The electronic statement shall be considered received, if the receiving has been confirmed by the Ministry of Tourism – or the Municipality. The confirmation of receiving shall be made within 5 working days.

 

Chapter eleven. ISSUANCE OF DUPLICATES OF CERTIFICATES

 

Art. 145. (1) Duplicate of an issued registration certificate for carrying out tour-operator’s and/or tourist agent activity, of a certificate for a certain type and category of a tourist site under Art. 3, Para. 2, p. 1 – 3 and a certificate for tourist site under Art. 3, Para. 2, p. 5 shall be issued in case of destruction or loss of an initially issued certificate upon an application according to a form, submitted by the relevant holders of the lost documents.

(2) With the application the applicant shall attach a declaration about the circumstances under Para. 1.

(3) For issuance of a duplicate a fee shall be paid under the tariff of Art. 69, Para. 3.

 

Chapter twelve. TOUR GUIDES, MOUNTAIN GUIDES AND SKI TEACHERS (IN FORCE FROM 26.09.2013)

 

Art. 146. (1) In order to exercise the professions of tour guide, mountain guide and ski teacher, the relevant person shall hold capacity for carrying out the activity and shall be entered in the relevant register – part of the National tourist register. The ski-teachers shall exercise their profession only through the ski school, which has hired them.

(2) (amend. - SG 68/13, in force from 02.08.2013, amend, - SG, 9/2015, in force from 3. 2. 2015) The Minister Tourism, jointly with the Minister of Education and Science and the Minister of Youth and Sports shall determine by ordinances the education, the practical preparation and professional qualification, needed for acquiring a capacity for the professions under Para. 1.

 

Art. 147. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015) The person, acquired capacity for exercising the professions under Art. 146, Para. 1 shall submit an application according to a form to the Minister of Tourism for entering into the relevant register.

(2) The application shall have attached:

  1. a document, certifying the acquired capacity;
  2. a certificate or another document, certifying knowledge of foreign languages, where applicable;
  3. declaration for free exercise of the profession and/or a copy of a professional contract;
  4. document for a paid fee for entering under the tariff of Art. 69, Para. 3.

(3) The application under Para. 1 with the attached documents may be submitted in electronic way under Art. 144.

(4) In the relevant register under Art. 146, Para. 1 shall have been entered:

  1. the names and data for contact of the tour-guide, the mountain guide, the ski teacher;
  2. the language in which the relevant profession will be exercised;
  3. the way of exercising the profession;
  4. the changes in the entered circumstances.

(5) In case of a change of the entered circumstances under Para. 4, the relevant persons shall be obliged within 7 day term from its occurrence to declare it for entering into the register.

(6) (amend, - SG, 9/2015, in force from 3. 2. 2015) The Minister of Tourism or an official, authorized by him/her by an order shall delete the entered person under Para. 1 from the relevant register under Art. 146, Para. 1:

  1. upon request of the entered person;
  2. in case of giving untrue data for entering into the register;
  3. in case of not exercising the profession during 2 years.

(7) The order under Para. 6, p. 2 and 3 shall be subject to appeal under the administrative – procedure Code. The order shall be subject to preliminary implementation. The appeal of the order shall not terminate its implementation, unless the court orders otherwise.

(8) The persons, deleted under Para. 6, p. 3 from the relevant register under Art. 146, Para. 1 may declare a new entering, but not earlier than 6 months from the date of their deletion.

 

 

Art. 148. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015) The Minister of Tourism, or an official, authorized by him/her shall issue a relevant identification card to the entered person in the relevant register under Art. 146, Para. 1

(2) (amend, - SG, 9/2015, in force from 3. 2. 2015) The Minister of Tourism shall confirm the forma of the identification cards under Para. 1 for each of the professions under Art. 146, Para. 1. The cards shall be able to give possibility for a clear identification through a photo and at least 2 names of the relevant tour-guide, mountain guide or ski teacher, and for the ski teacher – also indicating the ski school in which he is hired.

(3) (amend, - SG, 9/2015, in force from 3. 2. 2015) In case of a lost or destruction of the identification card, The Minister of Tourism, or an official, authorized by him/her shall issue a duplicate upon an application of the persons under Art. 146, Para. 1.

 

Art. 149. The tour-guides, mountain guides and ski teachers shall be obliged while exercising their profession to wear at an evident place their identification card under Art. 148, Para. 1 in a way, which should provide their identification under Art. 148, Para. 2 at any moment.

 

Art. 150. The tour-guide, mountain guide and ski teacher shall bear property responsibility for the harms, caused by guilty failure to fulfil their obligations under the Obligations and Contracts Act.

 

Chapter thirteen. SKI RUNWAY, TYPES, USE, MAINTENANCE AND SECURITY. PROVIDED TOURIST SERVICES

 

Art. 151. (1) The territory of the ski runways, notwithstanding of its ownership – state, municipal or private – shall be commonly accessible and training in snow sports on it may be offered only ski schools with competent ski teachers, entered in the national tourist register.

(2) For parts of the territory of the ski runways, the access may be restricted only in the cases, related to the national security and defence of the country, protection of protected territories and sites, in case of danger for the health and life of people, as well as in other cases, provided by law.

(3) The restriction under Para. 2 shall also be admissible in the cases, where this is needed for processing the ski runways during the time when the lift and tow lift equipments do not work, as well as and for conducting competitions or other events, which – because of its nature - impose restriction of using the ski runway.

(4) On the ski runways shall not be admitted using motor vehicles or other means which are not ski or snow-board, with the exception of such, used by the persons under Art. 157, Para. 1 for processing the runways for providing order and safety on the runways or in an extreme situation, as well as such, which are used by the persons, engaged with mountain rescuing and/or medical teams.

 

Art. 152. (1) Using tourist sites – ski runways and provision of tourist services on their territory shall be protected and information provided.

(2) Types of ski runways under Para. 1 shall be:

  1. for Alpine ski and snow board – separated, signalled and safe sloped mountain terrain for competition or amateur skiing and snowboarding;
  2. for ski running – separated, safe and signalled mountain permanent way for practicing competition ski run of distances or amateur ski running;
  3. children’s ski zones;
  4. snow parks.

 

Art. 153. (1) The ski runways may be separated or organized in a ski zone with certain borders, which may cover ski runways with different complexity and purpose, the connections between them, runways and rope way for carriage of people.

(2) The ski ways and itineraries, connecting ski runways and parts for movement of tourists shall be protected and information provided.

 

 

Art. 154. (1) The requirements for safety and information provision under Art. 152, Para. 1 and Art. 153, Para. 2 shall be:

  1. defining the level of complexity of the ski runway according to the nature and profile of the terrain, which shall be announced in an appropriate way to the tourists:
  2. a) green – for beginners;
  3. b) blue – easy runway;
  4. c) red – middle runway;
  5. d) black – difficult runway;
  6. placing at an evident place on the territory of the ski runway, as well as in accommodation places, close to the relevant runway, of obligatory rules for safe behaviour of the ski tourists, determined by an ordinance under Art. 159;
  7. prevention of using the ski runway at the same time by ski, skates, tourists etc., as well as for taking off and landing of hang-gliders at places, not for this purpose;
  8. prevention of movement of vehicles on the runways during the time when they are open, with the exception of vehicles for maintenance of the runway and safety actions, with the needed signals available;
  9. maintaining the territory of the ski runway;
  10. maintenance of an internet site with information about the resort, the ski runways (description, length, complexity, service), about the equipment (type, destination and length) about the services and attractions and other information;
  11. placing information and warning signals and guiding signs on the territory of the ski runway under the requirements of the ordinance under Art. 159.

(2) The Mayor of the relevant municipality or jointly with the Mayors of the relevant municipalities, on whose territory the mountain resort is situated, by an order shall confirm rules for providing observation of the public order on the territory of the ski runways – part of the relevant resort and shall provide control on their observation.

(3) The control under Para. 2 shall also be carried out by ski patrol.

 

Art. 155. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015) The Minister of Tourism shall establish by an order a Commission for determining the type of the ski runways under Art. 156, Para. 1, p. 1 and their safety, called hereinafter: the Commission

(2) (amend, - SG, 9/2015, in force from 3. 2. 2015) The activity and organization of the operation of the Commission shall be provided by Rules, issued by the Minister of Tourism.

(3) (amend, - SG, 9/2015, in force from 3. 2. 2015) The order under Para. 1 shall determine the commission composition, in which shall be included representatives of the Ministry of Tourism, of the Bulgarian Ski federation and of the National professional association of ski teachers and ski schools.

(4) (amend, - SG, 9/2015, in force from 3. 2. 2015) Upon consideration of the Minister of Tourism, the Commission composition may also include other experts in the area of the snow sports.

(5) (amend, - SG, 9/2015, in force from 3. 2. 2015) The Commission shall carry out check-ups for determining the type of the ski runways and their safety after a request to the Minister of Tourism by the owner or by the person, who has been given the rights of use over the ski facility of the ski runway.

 

Art. 156. The maintenance of the territory of the ski runway under Art. 154, Para. 1, p. 5 shall include carrying out the following actions during the summer or winter season:

  1. re-cultivation of the terrain: planting grass of bare parts, mowing, cleaning from bush trees, removing stones, rock parts, trunks, holes and other roughness, caused by floods and erosion, draining, building scarps;
  2. pressing the snow, creating artificial snow, placing permanent and temporary fences, protection.

 

Art. 157. (1) The owner or the person, having taken the rights for use over the facility of the ski runway – tow-lift or lift (cabin or seat) shall provide the service using of rope lines and shall be obliged to fulfil or provide fulfilment of the requirements of Art. 154.

(2) On the territory of a ski-zone, the following additional tourist services may be provided:

  1. training on snow sports (ski school);
  2. hiring specialized ski and snowboard equipment;
  3. service of equipment;
  4. entertaining children in a separate children’s ski zone and/or snow park.

(3) Entertaining children under Para. 2, p. 4 and using the ski runways and facilities in them by children shall be organized while observing the requirements of the ordinance under Art. 79, Para. 5.

 

 

Art. 158. (1) On the territory of the ski runways, carrying out rescuing activities shall be provided.

(2) The price of the card for using the facility may include mountain insurance as well.

 

Art. 159. The Council of Ministers shall adopt an ordinance on protection and information provision of the ski runways in the Republic of Bulgaria, as well as on determining the safety rules on the territory of the ski runways and ski zones and on the organization of the operation of the ski patrols.

 

Chapter fourteen. BEACHES. TYPES. USING AND PROTECTION.

 

Art. 160. (1) Using the tourist sites – beaches and providing tourist services on their territory shall be protected, information provided while observing the relevant health requirements.

(2) The beaches under Para. 1 shall be:

  1. beaches to natural water sites; sea, river and lake;
  2. beaches to artificial water sites: dam lakes and swimming pools.

(3) Owners or the persons holding the rights for use over beaches shall be obliged to provide protection of the beach, information provision and observation of the health requirements under norms, provided by the ordinance under Art. 78a, Para. 2 of the Health Act.

 

Art. 161. (revoked – SG 40/14)

 

Art. 162. (revoked – SG 40/14)

 

Art. 163. (revoked – SG 40/14)

 

Art. 164. The Council of Ministers shall adopt an ordinance on correct and safe technical exploitation and maintenance of elements to be built in, filtration and pumps in the swimming pools – separate or belonging to the accommodation places.

 

Chapter fifteen. NATIONAL TOURIST REGISTER (TITLE AMEND. - SG 75/16)

 

Art. 165. (amend. - SG 75/16) (1) The Minister of Tourism shall develop and maintain the National Tourist Register as a single information system which shall include the Single System for Tourist Information.

(2) The Council of Ministers shall adopt an ordinance on the National Tourism Register of the Minister of Tourism’s proposal.

 

Art. 166. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015) The Ministry of Tourism shall keep and maintain National tourist register, which shall contain information about:

  1. the entered tour-operators and tourist agents:
  2. a) number of the registration certificate or of the document, certifying the right to carry out such an activity;
  3. b) the type of the tourist activities;
  4. c) the company, central office and management address of the entered person;
  5. d) the address of the management offices of the activity, telephone N, fax, e-mail, internet site;
  6. e) (amend. - SG 75/16) the e-mail address of the website, respectively connection to access to a software application for conducting business electronically;
  7. f) correspondence address on the territory of the country with all the state institutions, as well as the telephone N, fax N, and e mail address;
  8. g) the SIC, tax or registration code or another identification, used in the relevant EU Member State;
  9. h) the names of the person/s with the right to manage and/or represent the entered person;
  10. i) the names of the person having functions of management of the tour-operator’s and/or tourist agent activity;
  11. j) (amend, - SG, 9/2015, in force from 3. 2. 2015) the order number of the Minister of Tourism or of an official, authorized by him/her for registration, for termination or deletion of the registration;
  12. k) the number and date of the signed insurance contract under 98, Para. 1, insurer’s name, validity term of the insurance and the insurance sum;
  13. l) the applied compulsory administrative measures and sanctions under this act;
  14. m) number of the issued duplicate of the registration certificate;
  15. categorization accommodation places the belonging food and entertainment places, the separate food and entertainment places, tourist huts, tourist training centres, tourist dormitories and belonging food places and persons, carrying out activity in them:
  16. a) the certificate number;
  17. b) type of site;
  18. c) the site name;
  19. d) the site address, telephone and fax N;
  20. e) the site category;
  21. f) the site capacity – number of rooms/apartments/studios and number of beds; or numbers of places in the open and covered;
  22. g) company/name and central office address of the site owner;
  23. h) the SIC, tax or registration code or another identification, used in the relevant EU Member State, of the site owner;
  24. i) name, central office and management address, SIC, tax or registration code or another information, used in the relevant EU Member State of the person, carrying out hotel or restaurant management in the site, telephone, fax number, e mail address;
  25. j) the date from which the person carried out the activity in the site; validity term of the category;
  26. k) date of termination of the category certificate force and the term, for which it has been stopped;
  27. l) entrance number of the application for category determining;
  28. m) number and date of the order of the categorization body for determining category, for refusal, for decreasing or termination of the category;
  29. n) the applied compulsory administrative measures and sanctions under this act;
  30. o) the issued duplicate of the category certificate;
  31. organizations for management of tourist regions:
  32. a) (suppl. - SG 75/16) name, central office and address of the organization, telephone, fax numbers, e-mail address, internet site;
  33. b) the subject of activity;
  34. c) names, telephone, fax numbers and e mail address of the persons, representing the organization;
  35. d) (amend, - SG, 9/2015, in force from 3. 2. 2015) order number of the Minister of Tourism for entering the organization in the register;
  36. tourist associations:
  37. a) name, central office and address of the association, telephone and fax numbers, e mail address, internet site;
  38. b) type of the association;
  39. c) court, file number, lot, register, volume, page of the court registration of the association, SIC, registration number in the register in the Ministry of Justice, if the association carries out activity in public favour;
  40. d) names, telephone and fax numbers and e mail address of the persons, representing the association;
  41. e) type and the staff name of the management body;
  42. f) number of members of the association organizations and persons;
  43. tourist information centres:
  44. a) legal-organization form;
  45. b) location of the tourist information centre;
  46. c) the names of the person, managing the tourist information centre;
  47. d) telephone, fax numbers and e mail address of the tourist information centre;
  48. e) offered additional tourist services;
  49. certified medical SPA, SPA, wellness and talaso- therapeutic centres:
  50. a) number of the certificate;
  51. b) validity term of the certificate;
  52. c) type of the site;
  53. d) name of the site;
  54. e) address, telephone and fax numbers and e mail address of the site;
  55. f) name, central office and management address, SIC, the name and permanent address of the site owner, telephone, fax numbers and e mail address;
  56. g) name, central office and management address, SIC and name, permanent address of the person, holding the rights for using the site, telephone, fax numbers and e mail address;

h)the entrance number of the application for receiving the certificate;

  1. i) (amend, - SG, 9/2015, in force from 3. 2. 2015) number of the order of the Minister of Tourism for issuance of a certificate, for refusal or for deletion of the certificate;
  2. j) imposed sanctions under this act;
  3. k) issued duplicate of the certificate;
  4. the competent tour guides, included in a list, containing name, contact data – address, telephone number, e mail address of the tour guide, languages, in which he/she will practice the profession, way of exercising, number of his/her identity card and order for deletion;
  5. the competent mountain guides, included in a list, containing name, contact data – address, telephone, e mail address of the relevant mountain guide, way of exercising the profession, number of his/her identity card and order for deletion;
  6. the competent ski teachers, included in a list, containing name, contact data – address, telephone, e mail address of the relevant ski teacher, the ski school, through which he/she will exercise his/her profession, number of his/her identity card and order for deletion.
  7. (new - SG 75/16) the entries in the Single System for Tourist Information.

(2) In the National tourist register, in a separate section, the persons, submitted application for registration, categorization and for certification shall be entered, also the number and type of the applied documents shall be described. The entry shall be made under the procedure of submission of the application and the movement of the file for entry in the register for certificate issuance shall be noted.

(3) The National tourist register shall keep all changes of the entered circumstances.

(4) The entry in the National tourist register shall be made while observing the requirements of the Protection of Personal Data Act.

 

 

Art. 167. (amend. - SG 75/16) (1) The mayors of municipalities or officials authorized by them shall keep and maintain an electronic register in the order of the ordinance of Art. 165, para. 2 for all tourist sites on the territory of the municipality issued with temporary certificates and sites categorized by them.

(2) The registers under par. 1 shall be integrated as part of the National Tourist Register. The entering shall be done by entering the data required under this Act through the appropriate interface and secure communications connectivity.

 

 

Art. 168. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015, suppl. - SG 75/16) The entries in the registers under Art. 166, Para. 1, item 1-9 and art. 167 shall be made by the Minister of Tourism of an official, authorized by him/her or by the municipality Mayor or by an official, authorized by him/her.

(2) (amend, - SG, 9/2015, in force from 3. 2. 2015) In case of a change in the entered circumstances in the registers under Para. 1, the entered person shall submit an application according to a form to the Minister of Tourism or to the municipality Mayor for entering the change within the relevant legal terms from its occurrence.

(3) (suppl. - SG 75/16) The application under Para. 2 shall contain documents, certifying the occurred change and a document for a paid fee for entry of occurred changes in the circumstances under the tariff of Art. 69, Para. 3. If the fee is paid electronically, this shall be marked on the application and no documents shall be attached.

 

 

Art. 169. (1) In case of change in the circumstances of categorized accommodation places and belonging to them food and entertainment places, separate food and entertainment places, tourist huts and belonging food places or change of the ownership of certified sites, the person, who has acquired the ownership shall submit an application according to a form and the required documents to the relevant categorization or certifying body for entry of the changed circumstances in the relevant registers.

(2) In case of a change, the person, carrying out an activity in categorized and certified tourist sites under Para. 1, the person, who will carry out the activity shall submit an application according to a form with the required documents to the relevant categorization or certifying body for entry of the changed circumstances in the relevant registers.

(3) In the cases under Para. 1 and 2, the determined category of the tourist site, or the issued certificate shall be kept.

 

 

Art. 170. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015) The Minister of Tourism or an official authorized by him/her shall request an operative statistical information about analytical and prognosis purposes in tourism from the persons, registered for carrying out tourist activities, from the person, exercising an activity in categorized tourist sites, from the state and municipality bodies and the tourist associations, which they shall be obliged to provide.

(2) (amend, - SG, 9/2015, in force from 3. 2. 2015) Upon request on behalf of the persons under Para. 1, the Minister of Tourism or an official authorized by him/her shall be obliged to provide to them analytical tourist information.

(3) (amend, - SG, 9/2015, in force from 3. 2. 2015) The Ministry of Interior shall provide monthly to the Ministry of Tourism statistics about the entries if foreign nationals in the Republic of Bulgaria and about the travelling of Bulgarian nationals abroad with the purpose of tourism.

(4) Collection of the statistical information on behalf of Border Police Chief Directorate shall be proceeded officially without requiring from the persons, passing through the Bulgarian border to fill in other documents or forms apart from those, related to the customs control.

 

Chapter sixteen. CONTROL

 

Art. 171. (1) The control on observation of the act and on the issued normative instruments, based on it shall be carried out by:

  1. (amend, - SG, 9/2015, in force from 3. 2. 2015) Minister of Tourism;
  2. The Commission of Consumer Protection;
  3. the Regional Governors;
  4. the Municipality Mayors;
  5. the president of the State Agency of Metrological and Technical Supervision or an official, authorized by him/her.

(2) The bodies under Para. 1, p. 1, 2 and 4 shall be obliged to coordinate their activity under this act with control bodies on other acts.

 

 

Art. 172. (amend. – SG 40/14) Officials, authorized by the bodies under Art. 171, Para. 1, p. 1, 2, 4 and 5 shall have the right to:

  1. carry out check-ups on site and of documents;
  2. a free access in the tourist sites, subject to control;
  3. request documents data, information and other media of information from the controlled persons, where they shall not announce the information, representing official or trade secret, become known to them while, or in connection with carrying out their official obligations;
  4. give obligatory recommendations for removal of the incompliance and breaches under the act and of the issued normative instrument, based on it;
  5. attract experts in the relevant area, where special knowledge or skill are needed for the check-up.

 

 

Art. 173. (1) Officials, authorized by the president of the Commission of Consumer Protection shall have the right:

  1. to access to all documents, related directly or indirectly to a breach of this act or of the legislation of the EU Member States, introducing the requirements of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, notwithstanding of the form of the document;
  2. to order to any person to provide information about breaches under p. 1, become known to him/her.

(2) The Commission of Consumer Protection shall have the right to:

  1. order the breaker in writing to terminate the breach under Para. 1, p. 1;
  2. request from the breaker to declare that he/she will terminate the breach under Para. 1, p. 1 and if needed to oblige him/her to make the declaration publicly known;
  3. order termination or prohibition of each breach under Para. 1, p. 1 and if needed, to make the termination or prohibition order publicly known.

 

 

Art. 174. (amend, - SG, 9/2015, in force from 3. 2. 2015) During the control, related to determination of a category of a tourist site, officials, authorized by the Minister of Tourism and by the municipality Mayors shall draw up a statement record. The record shall contain the found facts and circumstances and shall give obligatory recommendations with indication of term for their removal.

 

 

Art. 175. (1) (amend. – SG 40/14, amend, - SG, 9/2015, in force from 3. 2. 2015) In case of found breaches of the act provision and of the ordinances, adopted and issued on its implementation, official, authorized by the Minister of Tourism, by the president of the Commission on Consumer Protection, by municipality Mayors shall draw up acts for establishing found breaches under the Administrative Violations and Penalties Act.

(2) (amend, - SG, 9/2015, in force from 3. 2. 2015) For imposing administrative punishments, the Minister of Tourism, the president of the Commission of Consumer Protection, the Regional Governors, municipality Mayors and the president of the State agency of metrological and technical supervision shall issue penal decreed under the Administrative Violations and Penalties Act.

 

 

Art. 176. (amend, - SG, 9/2015, in force from 3. 2. 2015) The Minister of Tourism or an official, authorized by him/her, by an order shall:

  1. decrease the category of the categorized by him/her tourist sites under Art. 3, Para. 2. p. 1 - 3 in the cases of failure to be fulfilled the requirements of Art. 114, p. 2 upon proposal of the Commission of Consumer Protection; the proposal shall have attached the whole administrative file on finding the relevant administrative breach;
  2. terminate the activity of a tour-operator in case of failure to fulfil the obligation under Art. 105 till all the consumers have been compensated.

 

 

Art. 177. (1) The Commission of Consumer Protection shall carry out follow-up control for observation of the act requirements with the exception of Art. 168, Para. 2 and Art. 169, Para. 2:

  1. of the tour-operators and tourist agents;
  2. for categorization of the tourist sites under Art. 3, Para. 2, p. 1 – 3;
  3. for certification of the tourist sites under Art. 3, Para. 2, p. 5;
  4. of the persons, owners or holding given rights for use of a facility, belonging to a ski runway;
  5. of tour guides, mountain guides and ski teachers.

(2) The president of the Commission of Consumer Protection or officials, authorized by him/her, as a result of the control under Para.. 1 shall:

  1. apply compulsory administrative measure; "temporary closure of a tourist site" under Art. 3, Para. 2, p. 1- 3 and 7, in case of:
  2. a) carrying out tour-operator’s and/or tourist agent activity without a registration certificate;
  3. b) failure to conclude an insurance contract "Responsibility of the tour-operator" on behalf of the tour-operator;
  4. c) providing tourist services in not categorized tourist site and in a site with a terminated category – in the cases under Art. 136;
  5. d) provision of tourist services in not certified tourist site;
  6. e) repeated refusal for access to checked up tourist site by the person, carrying out the activity in the site or repeated refusal for provision of the required documents for the check up;
  7. (amend, - SG, 9/2015, in force from 3. 2. 2015) notify the Minister of Tourism in the cases of repeated breaches of the requirements of this act and of the ordinances on its implementation on behalf of tour-operators and tourist agents;
  8. notify the categorization body in the cases under Art. 137, Para. 1, p. 7 -10 for the categorized tourist sites under Art. 3, Par. 2, p. 1 -3, as well as in case of application of the compulsory measure under par. 1. p. 1;
  9. (amend, - SG, 9/2015, in force from 3. 2. 2015) notify the Minister of Tourism in the cases of repeated breaches of the requirements, indicated in the ordinance of Art. 138, Para. 3 for the certified tourist sites under Art. 3, Para. 2, p. 5;
  10. notify the categorization body in the cases of breaches of the requirements of Art. 114, p. 2 for the categorized tourist sites under Art. 3, Para. 2, p. 1 – 3;
  11. (amend, - SG, 9/2015, in force from 3. 2. 2015) notify the Minister of Tourism in the cases of failure to be fulfilled the obligations under the act and the ordinances under Art. 146, Para. 2 on behalf of tourist guides, mountain guides and ski teachers;
  12. may request information, documents and assistance from other competent state bodies and persons.

(3) The compulsory administrative measure under Para. 2. p. 1 shall apply until the found breach has been removed.

(4) The president of the Commission of Consumer Protection, within 7 day term shall notify the categorization body about the applied compulsory administrative measure under Para. 2, p. 1 for its entry in the relevant tourist register.

(5) The Commission of Consumer Protection shall control fulfilment of the obligations of the tour-operators and tourist agent under:

  1. Regulation (EC) N 1107/2006 in its capacity of a national body, responsible for its implementation;
  2. Regulation (EU) N181/2011.

 

 

Art. 178. (revoked – SG 40/14)

 

 

Art. 179. (1) Municipality Mayors shall carry out control for observation of the act requirements:

  1. for categorization of the tourist sites under Art. 3, Para. 2, p. 1 and 2;
  2. for the categorized by them tourist sites under Art. 3, Para. 2, p. 1 and 2;
  3. (amend. - SG 75/16) under Art. 116, Para. 1 and 6 for all the accommodation places on the municipality territory;
  4. for observation of the rules under Art. 154, Para. 2.

(2) The municipality Mayors, as result of the control under Para. 1 shall:

  1. impose fines and property sanctions;
  2. terminate the category of the categorized by them tourist sites under Art. 3, Para. 2, p. 1 and 2 in the cases under Art. 137, Para. 1;
  3. decrease category of the categorized by them tourist sites under Art. 3, Para. 2, p. 1 and 2 in the cases of failure to be fulfilled the requirements of Art. 114, p. 2;
  4. (amend, - SG, 9/2015, in force from 3. 2. 2015, amend. - SG 75/16) notify the Minister of Tourism in the cases of failure to be fulfilled the obligations under Art. 116, Para. 1 and 6 for the categorized by him/her tourist sites under Art. 3, Para. 2, p. 1 -3;
  5. may request information, documents and assistance from other competent state bodies and persons;
  6. notify the president of the Commission of Consumer Protection in the cases of found breaches in the tourist sites under Art. 3, Para. 2, p. 1 – 3 for carrying out tourist activity in non-categorized tourist site for applying the compulsory administrative measure: "temporary closure of the tourist site".

 

 

Art. 180. (1) The president of the State Agency for metrological and technical supervision shall carry out control for observation of the requirements of the ordinance under Art. 164.

(2) As a result of the control under Para. 1, the president of the State Agency for metrological and technical supervision shall impose fines and property sanctions and shall apply compulsory administrative measure "temporary closure of the tourist site" in the cases, where the breach threatens the life and security if consumers.

(3) The compulsory administrative measure under Para. 2 shall apply until the found breach has been removed.

 

 

Art. 181. The instruments for application of compulsory administrative measures shall be issued, appealed and implemented under the Administrative-procedure Code.

 

Chapter seventeen. ADMINISTRATIVE-PENAL PROVISIONS

 

Art. 182. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015) Anyone, who carry out tour-operator’s or tourist agent activity without registration certificate or in the cases under Art. 65, without notifying preliminary the Minister of Tourism, shall be punished y a fine of up to BGN 5000, and sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 10 000.

(2) Where the breach under Para. 1 is repeated, the fine shall be in the amount of BGN 15 000, and the property sanction shall be in the amount of BGN 30 000.

(3) If as a result of the breach under Para. 1, a middle or heavy physical injury has been caused to the consumers of the provided services or death, established by an enforced judgment of sentence by the competent court, apart from the punishment, or property sanction under Para. 1 and 2, the guilty persons shall be imposed prohibition to exercise activity under this act for the term of 2 years.

(4) The punishment or the property sanction under Para. 1 shall also be imposed on the person, who at organization of a group or individual tourist trip, has invoiced by separate invoices the provided tourist services, indicated in § 1, p. 70 of the Additional Provisions, which cover permanent period of time or the provided additional tourist services in combination with trip and accommodation.

 

 

Art. 183. (1) Tour-operator or tourist agent, who carries out tourist activity in a premise, which fails to meet the requirements of this act, shall be imposed by a property sanction in the amount of BGN 500.

(2) For a repeated breach, the property sanction shall be in the amount of BGN 1000.

(3) No breach shall be found under Para. 1 in case that the person has received a registration certificate for carrying out the relevant activity only in electronic way.

 

 

Art. 184. (1) In case that tour-operator’s activity is being carried out by a person with functions for management of the activity, who fails to meet the requirements of this act for education, length of service and language qualification, the tour-operator shall be imposed by a property sanction in the amount of BGN 500.

(2) For a repeated breach, the property sanction shall be in the amount of BGN 1000.

 

 

Art. 185. Tour-operator or tourist agent, who fails to place his/her registration certificate at an evident place in the tourist site, shall be imposed by a property sanction in the amount of BGN 2000.

 

 

Art. 186. (1) Tour-operator or tourist agent, who while carrying out his/her activity, signs a contract with non-registered under this act tour-operator or tourist agent, with a person, carrying out tour-operator’s activity in a non-categorized or non-certified tourist site, with non-licensed carrier or insurer, with tour-guide, mountain guide and ski teacher, shall be imposed a property sanction in the amount of BGN 2000.

(2) Where the breach under Para. 1 has been repeated, the property sanction shall be BGN 5000.

 

 

Art. 187. Tour-operator, who fails to issue or produce a tourist voucher to the tourist shall be imposed by a property sanction in the amount of BGN 1000 to 2000.

 

 

Art. 188. Tourist agent, who fails to provide a tourist voucher to the tourist shall be imposed by a property sanction in the amount of BGN 1000.

 

 

Art. 189. Tourist agent, who issues his/her own tourist voucher shall be imposed by a property sanction in the amount of BGN 5000.

 

 

Art. 190. Tour-operator, who issues or provides a tourist voucher, not containing all obligatory requisites, shall be imposed by a property sanction in the amount of BGN 500 to 1000

 

 

Art. 191. Tourist agent, who fails to issue or provide reservation form to the tourist shall be imposed by a property sanction in the amount of BGN 250 to 500.

 

 

Art. 192. Tourist agent, who issues or provides reservation form, not containing all the obligatory requisites shall be imposed by a property sanction in the amount of BGN 100 to 300.

 

 

Art. 193. Tour-operator or tourist agent, who carries out activity in a premise, where other activities are also carried out, not connected with offering of basic and additional tourist services, shall be imposed by a property sanction in the amount of BGN 500.

 

 

Art. 194. Tour-operator or tourist agent, who fails to produce to the consumer the information under Art. 80. Para. 1 or 4, shall be imposed by a property sanction in the amount of BGN 500 to 1000.

 

 

Art. 195. Tour-operator, who changes the conditions of the provided information to the consumer breaking the provision of Art. 80. Para. 3 shall be imposed by a property sanction from BGN 500 to 1000.

 

 

Art. 196. (1) Tour-operator or tourist agent, who fails to provide in writing to the consumer all the conditions of the contract before its signing, shall be imposed by a property sanction in the amount of BGN 500 to 1000.

(2) The property sanction under Para. 1 shall not be imposed in the cases under Art. 81, Para. 3.

 

 

Art. 197. (1) Tour-operator, who fails to sign contract under Art. 82, Para. 1 shall be imposed by a property sanction in the amount of BGN 2000.

(2) Tour-operator, who signs contract under Art. 82, Para. 1, whose contents does not contain the requisites under Art. 82, Para. 3 shall be imposed a property sanction in the amount of BGN 500 to 1000.

(3) Tour-operator, who breaks the provision of Art. 82, Para. 10, shall be imposed by a property sanction in the amount of BGN 1000.

 

 

Art. 198. Tour-operator, who breaks the provision of Art. 83, shall be imposed by a property sanction in the amount of BGN 3000.

 

 

Art. 199. Tour-operator, who breaks the provision of Art. 84, shall be imposed by a property sanction in the amount of BGN 3000.

 

 

Art. 200. Tour-operator, or tourist agent, who fails to produce to the consumer in writing the information under Art. 86, Para. 1 after signing the contract, but not later than 7 working days before the beginning of the trip, shall be imposed by a property sanction in the amount of BGN 500.

 

 

Art. 201. Tour-operator, or tourist agent, who breaks the provision of Art. 87 shall be imposed by a property sanction in the amount of BGN 500.

 

 

Art. 202. Tour-operator, who breaks the provision of Art. 88 shall be imposed by a property sanction in the amount of BGN 500 to 2000.

 

 

Art. 203. (amend, - SG, 9/2015, in force from 3. 2. 2015) Tour-operator, who fails to produce to the Minister of Tourism a copy of the insurance contract under Art. 97, Para. 1 within the term of Art. 100, shall be imposed by a property sanction in the amount of BGN 1000.

 

 

Art. 204. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015) Tour-operator, who fails to notify in writing the insurer with a copy to the Minister of Tourism at occurrence or knowing the circumstances, which would lead to occurrence of insurance event shall be imposed by a property sanction in the amount of BGN 3000.

(2) (amend, - SG, 9/2015, in force from 3. 2. 2015) Tour-operator, who at occurrence or knowing the circumstances, which would lead to occurrence of an insurance event, fails to produce to the insurer with a copy to the Minister of Tourism a written information about his/her counteragents and providers or fails to give the needed assistance, shall be imposed by a property sanction in the amount of BGN 2000.

 

 

Art. 205. (1) (prev. Art. 205 – SG 109/13) A property sanction in the amount of BGN 2000 to 10 000 shall be imposed to:

  1. Tour-operator, or travel agent, who fails to fulfil his/her obligations under Art. 3 of Regulation (EC) N 1107/2006;
  2. Tour-operator, or travel agent, who fails to prepare safety and restrictions rules and with this breaks the provision of Art. 4, Para. 3 of Regulation (EC) N 1107/2006;
  3. Tour-operator, or travel agent, who fails to fulfil his/her obligation under Art. 4, Para. 4 of Regulation (EC) N 1107/2006;
  4. Tour-operator, or travel agent, who fails to provide information for need of assistance to a disabled person or a person with diminished mobility to an airport operator under Art. 6 of Regulation (EC) N 1107/2006;
  5. Tour-operator, or travel agent, who fails to fulfil his/her obligations under Art. 5, 9 10. Para. 2 and 5, Art. 11, Para. 3 and 5, Art. 14, Para. 3 and 4 and Art. 15 of Regulation (EU) N181/2011;
  6. (new – SG 109/13) a tour operator or travel agent who fails to fulfill any of their obligations under Art. 7 of Regulation (EU) No. 1177/2010 or lets the person to whom the said operator or agent has entrusted the fulfillment of the obligations;
  7. (new – SG 109/13) a tour operator or travel agent who fails to fulfill any of their obligations under Art. 8, par. 2 of Regulation (EU) No. 1177/2010 or lets the person to whom the said operator or agent has entrusted the fulfillment of the obligations;
  8. (new – SG 109/13) a tour operator or travel agent who fails to provide to a disabled person or a person with reduced mobility an opportunity to exercise the right of choice under Art. 8, par. 3 of Regulation (EU) No 1177/2010, or lets the person, to whom the said operator or agent has entrusted the fulfilment of this obligation to do so;
  9. (new - SG 109/13) a tour operator or travel agent demanding payment for the carriage of the person accompanying a disabled person or person with reduced mobility and thus violating the provision of Art. 8, par. 4, second sentence of Regulation (EU) No 1177/2010, or lets the person to whom the said operator or agent has entrusted the fulfilment of this obligation to do so;
  10. (new - SG 109/13) a tour operator or travel agent who fails to fulfil or to fulfil within the time limit set any of their obligations under Art. 8, par. 5 of Regulation (EU) No 1177/2010, or lets the person to whom the said operator or agent has entrusted the fulfilment of this obligation not to fulfil it or not to fulfil it within the time limit set;
  11. (new - SG 109/13) a tour operator or travel agent which fails to fulfil their obligation under Art. 9, par. 3 of Regulation (EU) No 1177/2010, or lets the person to whom the said operator or agent has entrusted the fulfilment of this obligation to fail to fulfil it;
  12. (new - SG 109/13) a tour operator or travel agent which fails to fulfil any of their obligations under Art. 9, par. 4 of Regulation (EU) No 1177/2010, or lets the person to whom the said operator or agent has entrusted the fulfilment of this obligation to fail to fulfil it;
  13. (new - SG No. 109/13) a tour operator or travel agent who fails to fulfil any of their obligations under Art. 12, par. 1 or 2 of Regulation (EU) No 1177/2010, or lets the person to whom the said operator or agent has entrusted the fulfilment of this obligation to fail to fulfil it.

(2) (new - SG No. 109/13) A fine, or a proprietary sanction respectively in the amount referred to in par.1, shall be imposed to the person to whom the tour operator or travel agent has entrusted the fulfilment of any of their obligations under Art. 7, Art. 8, par. 2, 3, 4, second sentence, and par. 5, Art. 9, par. 3 and 4 and Art. 12, par. 1 and 2 of Regulation (EU) No 1177/2010.

 

 

Art. 207. (1) Anyone, who provides tourist services in an accommodation place with a temporary terminated action of the category certificate under Art. 136, Para. 1 shall be punished by a fine of BGN 500 to 5000, and the sole trader and legal persons shall be imposed by a property sanction from BGN 1000 to 10000.

(2) Where the breach under Para. 1 has been repeated, the fine shall be in the amount of BGN 5000 to 8000, and the property sanction – from BGN 10 000 to 15 000.

 

 

Art. 208. Any hotel or restaurant manager, who in a categorized tourist site provides tourist services, which do not correspond to the requirements of the determined category, shall be punished by a fine in the amount of BGN 200 to 1000, and a sole trader and legal persons shall be imposed by a property sanction in the amount of BGN 1000 to 3000.

 

 

Art. 209. Anyone, who in a categorized tourist site under Art. 3, Para. 2, p. 1 – 3 fails to provide the information under Art. 114, p. 3 or provides it not appropriately, shall be punished by a fine in the amount of BGN 100 to 500, and the sole trader and legal persons shall be imposed by a property sanction in the amount of BGN 500 to 1000.

 

 

Art. 210. Any hotel manager, who fails to fulfil his/her obligations under Art. 115 or fulfils them not appropriately, shall be punished by a fine from BGN 200 to 2000, and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 500 to 2000.

 

 

Art. 211. Any restaurant manager, who fails to fulfil his/her obligations under Art. 117 or fulfils the inappropriately, shall be imposed by a property sanction in the amount of BGN 500 to 2000.

 

 

Art. 212. Any hotel or restaurant manager, who signs a contract with non-registered tour-operator or tourist agent, with a hotel or restaurant manager, who has no right to carry out the relevant tourist activity or with non-licensed carrier, shall be punished by a fine in the amount of BGN 500 and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 3000.

 

 

Art. 213. (amend. - SG 75/16) (1) Any hotel manager, who fails to keep a register of the accommodated tourists under Art. 116, Para. 1, shall be punished by a fine in the amount of BGN 2 000 and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 7 000.

(2) Any hotel manager, who fails to keep a register under Para. 1 under the provision of Art. 116, Para. 2, 1 shall be punished by a fine from BGN 100 to 1 000, and the sole traders and legal persons shall be imposed by a property sanction in the amount from BGN 500 to 5 000.

(3) Whoever fails to ensure or to provide data exchange under Art. 116, Para. 6, items 2 and 3 in the Single System for Tourist Information, shall be punished by a fine of BGN 1 000 and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 5 000.

 

 

Art. 214. Anyone, who fails to place the temporary certificate for an open procedure of categorization or the category symbolics of the tourist site under Art. 3, Para. 2, p. 1, 2 and 3 at an evident place, according to the site territory, shall be punished by a fine of BGN 500 to 1000, and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 1000 to 3000.

 

 

Art. 215. Any person, who provides tourist services in a tourist site under Art. 3, Para. 2, p. 1, 2 and 3 breaking the requirements of Art. 4 shall be imposed by a fine of BGN 100 to 500 or a property sanction in the amount of BGN 500 to 2000.

 

 

Art. 216. (1)Any person, who carries out activity in not certified sites under Art. 3, Para. 2, p. 5 shall be imposed by a property sanction in the amount of BGN 1000 to 5000.

(2) Where the breach under Para. 1 is repeated, the property sanction shall be doubled.

 

 

Art. 217. Any person, who fails to place the tourist site certificate under Art. 3, Para. 2, p. 5 at an evident place in the site, shall be imposed by a property sanction in the amount of BGN 1000 to 3000.

 

 

Art. 218. Anyone, who fails to fulfil his/her obligation for declaring a change in the entered circumstances in the national tourist register shall be imposed by a fine in the amount of BGN 100 to 300, and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 200 to 500.

 

 

Art. 219. (1) Any persons, exercising the professions of tourist guide, mountain guide and ski teacher without having been entered in the National tourist register under the requirements of this act, shall be punished by a fine in the amount of BGN 1000.

(2) Where the breach under Para. 1 is repeated, the fine shall be in the amount of BGN 3000.

 

 

Art. 220. (1) Any persons, exercising the professions tourist guide, mountain guide and ski teacher, without wearing the relevant identification card, shall be imposed by a fine in the amount of BGN 500.

(2) Where the breach under Para. 1 is repeated, the fine shall be in the amount of BGN 1000.

 

 

Art. 221. In case of failure to give access to an official of the control bodies in the sites, subject to control or in case of failure to provide to the control bodies the required documents or information, the relevant person, carrying activity in the site, shall be punished by a fine of BGN 500 to 2000 and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 1000 to 5000.

 

 

Art. 222. Any owner or person, who has been given rights for use of a belonging facility to the ski runway, who fails to fulfil the obligations under Art. 154, Para. 1 shall be imposed by a property sanction in the amount of BGN 1500 to 5000.

 

 

Art. 223. Any owner or a person with given rights for use of a facility belonging to a ski runway, for breaches under the ordinance of Art. 159, shall be imposed by a property sanction in the amount of BGN 3000 to 5000.

 

 

Art. 224. Anyone, after the application of compulsory administrative measures: "temporary closure of a tourist site" or: "prohibition for using the beach" continues to carry out the relevant tourist activity in the site, shall be punished by a fine of BGN 5000 to 10000, and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 10 000 to 30 000.

 

 

Art. 225. (amend, - SG, 9/2015, in force from 3. 2. 2015) For failure to fulfil his/her obligations for providing information to the Ministry of Tourism under the Single system for tourist information, shall be imposed a fine of BGN 100 to 1000, and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 200 to 2 000.

 

 

Art. 226. For failure to fulfil the obligations under Art. 3, Para. 4, shall be imposed a fine of BGN 100 to 1000 and the sole traders and legal persons shall be imposed by a property sanction in the amount of BGN 200 to 2 000.

 

 

Art. 227. (1) Anyone, who fails to fulfil a recommendation by the competent bodies under this act, if he/she is not subject to a heavier punishment, shall be punished by a fine of BGN 250 to 500, and if the same breach is repeated – a fine from BGN 500 to 1500.

(2) For a breach under Para. 1, committed by a legal person or a sole trader, shall be imposed by a property sanction in the amount of BGN 500 to 1500, and in a repeated breach – from BGN 1500 to 3000.

 

 

Art. 228. (1) For breaches of the rules under Art. 154, Para. 2, the guilty persons shall be imposed by a fine of BGN 100 to 300 and the sole traders and legal persons – a property sanction in the amount of BGN 500 to 1000.

(2) In case of a repeated breach under Para. 1, the guilty person shall be imposed by a fine or property sanction in double amount.

 

 

Art. 229. (1) Any natural persons, sole traders and legal persons for breaches of the ordinances on the implementation of the act, for which no sanctions have been provided under this Chapter, shall be imposed by a fine or property sanction in the amount of BGN 200 to 1000.

(2) In a repeated breach under Para. 1, a fine shall be imposed or property sanction in the amount of BGN 1000 to 3000.

 

 

Art. 230. (1) Any official, who fails to fulfil his/her obligation under this act shall be punished by a fine of BGN 500 to 1000.

(2) For a repeated breach under Para. 1, the fine shall be double.

 

 

Art. 231. (1) For failure to fulfil an order under Art. 173, Para. 1, p. 2 and Para. 2, the guilty persons shall be imposed by a fine of BGN 250 to 1000, and the sole traders and legal person – property sanction in the amount of BGN 500 to 2000.

(2) In case of a repeated breach under Para. 1, the guilty persons shall be imposed by a fine and the sole traders and legal persons – a property sanction in double amount.

 

 

Art. 232. (1) (amend, - SG, 9/2015, in force from 3. 2. 2015) The instruments for establishing administrative breaches shall be drawn up by officials, selected by the Minister of Tourism, by the president of the Commission on Consumer Protection, by the president of the State Agency for metrology and technical supervision or by official, of the municipal administration, selected by the relevant municipality Mayor.

(2) (amend, - SG, 9/2015, in force from 3. 2. 2015) The penal decrees shall be issued by the Minister of Tourism, the president of the Commission on Consumer Protection, by the president of the State Agency for metrology and technical supervision, the Regional Governor and the municipality Mayor or officials, authorized by them.

(3) Finding breaches, issuance, appeal and implementation of the penal decrees shall be carried out under the Administrative Violations and Penalties Act.

(4) Instrument for finding administrative breaches and penal decrees under the Administrative Violations and Penalties Act, as well as individual administrative instruments under the Administrative-procedure Code may be delivered to each natural person, who is in the tourist site and who is in civil or employment legal relations with the person, against whom they have been issued.

 

Additional provisions

 

  • 1. In the meaning of this act:
  1. "Tourist" is a visitor, whose stay is at least 24 hours, where in this way he/she spends at least 1 night in the visited destination and the purpose of visit is tourism, rest, sport, healing procedures, business, visiting relatives and friends, pilgrimage, participation in a cultural, congress, conference or other event. The following are not tourists:
  2. a) people, travelling on political purposes, refugees;
  3. b) people, travelling on political/professional reasons – migrants, members of armed forces, diplomats, Embassy staff;
  4. c) people, travelling on political/professional reasons – border workers, season workers, couriers;
  5. d) people, sent abroad by their company or their government as a place of work;
  6. e) transit passing people and permanent immigrants.
  7. "Excursionist" is a visitor, whose stay is under 24 hours. Excursionists are one-day visitors, cruise visitors and crews of vehicles but without transit passing passengers.
  8. "Internal tourism" are trips within the frames of the country of persons, who are permanently residing in it.
  9. "Entrance tourism" are trips in the country, made by persons, who are not permanently residing in it.
  10. "Exit tourism" are trips of persons, permanently residing in the country, outside it.
  11. "Sustainable tourism" is any form of development, sustainable or tourist activity, which preserves and protects for long term the natural, cultural and social resources and contributes in a positive and balanced way for the economic development and welfare of people, who live, work or reside in these territories.
  12. "Local tourist association" is an association, which is established for development and advertisement of tourism on the territory of one municipality and unites persons, carrying out tourist activity or providing additional tourist services, as well as other persons, wishing to contribute for tourism development on a certain territory.
  13. "Regional tourist association" is an association, which is established for tourism development on the territory of 2 or more neighbouring municipalities and unites local tourist associations, as well as other organizations, wishing to contribute for tourism development on a certain territory.
  14. "Branch tourist association" is an association, which is established for tourism development at a national level and unites persons, carrying out a certain tourist activity.
  15. "Product tourist association" is an association, which is established for development of certain types of tourism at national level and unites tourist associations and persons, carrying out tourist activity.
  16. "Professional tourist association" is an association of natural persons, exercising certain profession in the tourist sector and legal persons, established for providing additional tourist services.
  17. "Evidence for regular organization life of the association" are documents and declared circumstances for carrying out effective public activity for tourism development, which is estimated depending on the subject of activity under the statute of the association and Art. 50.
  18. "Tourist destination" is a regulated combination of economic, social and cultural ecological activities, carried out in tourist sites with real borders with the purpose of creation, realization and consummation of goods and services, forming the attractiveness of the tourist product (package) with sustainable competition and effectiveness.
  19. "Tourist region" is a natural-social system with sustainable hierarchical space structure and borders of high level of concentration of resources and material base in which competition, effective and efficient tourist policies are realized.
  20. "Tourist attraction" is a natural, cultural or purposefully created site of a tourist interest, most often related to natural material or non-material cultural heritage and/or historical event or artificially created site of entertainment purpose, providing services with positive or educational purpose and/or possibilities for rest or entertainment.
  21. "National resort" is a village formation if national significance, determined as such by a Council of Ministers decision which satisfies resort needs of national significance and may be situated on the territory of one or more municipalities.
  22. "Hotel" is a building or functionally connected buildings with minimum 15 accommodation rooms, which offer basic and additional tourist services, related to staying of the tourists. Hotels, built before 1 June 2003 and hotels in populated places or in parts of the, of historical, archaeological, ethnographic or architectural significance are admitted to have number of rooms smaller with 20%. The hotel has at least 1 food and entertainment place.
  23. "Motel" is a type of roadside hotel for staying and servicing auto-tourists, situated outside a populated place, close to an active transport junction or motorway. The motel has at least 1 food and entertainment place.
  24. "Apartment tourist complex" is:
  25. a) residential building of apartments/studios or apartment/studios and rooms which are offered to tourists for accommodation by a company for hotel management, or
  26. b) separated territorial group of buildings of apartments/studios and rooms with built common engineering and tourist infrastructure, where basic and additional tourist services are offered, and
  27. c) separated territorial group of apartments/hotel and low storied buildings of apartments/studios or rooms with common engineering and tourist infrastructure where basic and additional tourist services are offered.

The apartment tourist complex, notwithstanding of the number and type of buildings receives single, common category for the complex, where difference in the category of the different sites in the complex is not admitted. The apartment tourist complex has at least one food and entertainment place.

  1. "Villa residential area" is a separated territorial group of low-storied massive villas with built in common engineering and tourist infrastructure, which offers basic and various additional tourist services. It consists of at least 5 villas and has at least 1 food and entertainment place.
  2. "tourist village" is a separated territorial group of accommodation places with a built up common engineering and tourist infrastructure, where basic and various additional tourist services are offered. There are at least 5 accommodation places and has at least 1 food and entertainment place.
  3. "Villa" is a massive low-storied building, which has at least: a hall, living room, 2 bedrooms, kitchen box, dining room, bathroom, terrace and parking lots.
  4. "Family hotel" is a building in architecture style, corresponding to the village view and/or related to its history with capacity of 5 to 20 accommodation room for tourists, in which hotel management activity is carried out. The site is managed by hosts or hired staff, who provides personal service of the guests. The family hotel has at least one food and accommodation place.
  5. "Hostel" is a building for low cost accommodation, which is functionally separated as a hostel with separate rooms and/or common bedrooms – for men and women and/or mixed. There is a bathroom, living room, furnished kitchen with a dining room.
  6. "Boarding house" is a building, in which the accommodation is usually for a longer period, furnished with the most needed furniture, facilities, dishes and appliances for use and self-service.
  7. "Rest house" is a separate accommodation place with prevailing social functions and with an infrastructure, offering health, medical SPA, sport etc. services.
  8. "Guest house" is a building of low-storied architecture style, corresponding to the view of the village and bound with its history, which has maximum 10 accommodation rooms. The guests use common rooms as: living room, furnished kitchen, dining room or food place and place for rest in the yard. The site is managed by a hosts, who live in the same building or in the neighbourhood and take care of the service and food (minimum breakfast) for the guests in conditions, close to the home ones.
  9. "Guest rooms" are up to 5 rooms – separate or in apartments in one building, providing accommodation for tourists
  10. "Guest apartments" are separate apartments in one residential building, providing accommodation to tourists.
  11. "Bungalow" is an accommodation place, built up of building constructions for season or whole year exploitation with a bathroom without obligatory requirement for kitchen box.
  12. "Camping" is a secured terrain to the relevant infrastructure and the needed conditions for staying of tourists with own or hired tent or caravan, as well as for parking of cars and offering tourist services. On the camping territory there may be bungalows, caravans (temporary stationary movable place for accommodation without obligatory requirement for kitchen box and bathroom), other accommodation, food and trade places.
  13. "Restaurant" is a place, which offers kitchen and confectionary products, alcoholic and soft drinks. The service of the clients is by qualified waiters, using special forms of serving.
  14. "Fast food place" is a place, which offers a limited variety of kitchen production and/or ready packed goods, deserts, drinks – soft and alcoholic. It has high admission ability. Self-service is basic form of service.
  15. "Drink place" is a place, which offers rich assortment of alcoholic and soft drinks and snacks.
  16. "Coffey shop" is a place for additional eating, which offers confectionary production, ice-creams, products made of sough, soft and alcoholic drinks.
  17. "Bar" is a place, which offers rich assortment of alcoholic and soft drinks, cocktails, warm drinks, nuts, confectionary and sugar products, limited assortment of culinary products.
  18. "Tourist hut" is a massive building for short term rest of tourists, which offers basic and additional tourist services. It is furnished and equipped with the most needed furniture, facilities, dishes and kitchen utensils for use and self-service of tourists. It offers tourist, ecological and other information.
  19. "Tourist training centre" is a building with training functions. It is a massive building in, or out of populated areas and in mountain territory, architecturally and functionally built, furnished and equipped for conducting specialized training of staff, servicing sport-tourist activities, as well as professional training in various types of tourism, alpinism, orientation, speleology, water ski, etc. sports. It has training and sport halls, methodical cabinets, library, etc. It has built up infrastructure with sport grounds, terrains, appropriate for training; marked and traced itineraries, needed for professional preparation of trainees. It is furnished with appropriate training facilities with the needed furniture, dishes and kitchen utilities for stay and self-service of the trainees.
  20. "Tourist dormitory" is an accommodation building for short term stay of tourists. It is a massive building, architecturally and functionally built up in, or close to populated places in architectural – historical and ethnographic centres, in junction mountain centres, close to the sea, in exit point to the mountains, natural and cultural sites. It is furnished with the most needed furniture for offering basic and additional tourist services. It offers tourist, ecological and other information.
  21. "Tourist canteen" is a food place with own food or upon order. It offers limited assortment of kitchen products, confectionary, products made of dough, beer, warm, cold, soft, and other drinks. Self-service is the basic form of servicing.
  22. "Tourist buffet" is a food place with limited assortment of ready and packed food goods and warm sandwiches, products made of dough and sugar, beer, worm and cold drinks, etc.
  23. "Tourist canteen with waiting services" is a food place with various assortment of kitchen and confectionary products, soft and alcohol drinks, beer, warm drinks, etc. The requirements for furniture and service in a restaurant shall be observed (list menu, card menu, decoration, cloak room etc.)
  24. "Medical SPA centre" is an isolated or built up at an accommodation centre, situated in a city or resort environment, which offers health procedures, based on natural healing factors (mineral water and/or healing mud). The centre offers various therapeutic programmes, which are held in specialized cabinets, halls and premises, intended for realization of diagnostics, treatment, rehabilitation and prophylaxis. The centre is a medical establishment in the meaning of the Medical Establishments Act.
  25. "Medical SPA services" are services, requiring use of natural healing factors – mineral water and/or healing mud for conducting procedures, contributing for recreation of human health. The medical SPA services are fulcilled by medical and non-medical specialists, received their education in accredited higher school.
  26. "SPA centre" is an isolated or built up at an accommodation centre, situated in a city or resort environment, which offers various procedures, programmes and rituals, including using water – mineral, spring and other, permitted by the law and/or medical mud and/or sea water and other natural factors by applying classic and not-traditional therapeutic methods of impact, with the purpose of anti-stress, relaxation and psycho-physical recreation, as well as directed to beauty of human body. The SPA zone has minimum: internal and/or external swimming pool or SPA capsule, the beauty zone has minimum 2 cabinets with hydro-message procedures, Turkish bath or steam bath, sauna or infra-red cabin, relaxation hall.
  27. "SPA services" are services, requiring the use of water (mineral, spring, as well as other kind, permitted by the law), as well as healing mud and/or sea water and/or other natural factors for classic and non-traditional therapeutic methods of impact, with the purpose of recreation lf psycho-emotional and physical health, as well as directed to human body beauty. SPA services are fulfilled by staff with specialized in the relevant area education.
  28. "Wellness centre" is an isolated or built up at an accommodation place, situated in a city or resort environment, in which using water and natural factors is not obligatory. The centre offers various recreating and cosmetic-beautifying procedures, programmes and anti-stress rituals, based on combination of natural healing resources and holistic approaches for attaining physical, emotional, spiritual, intellectual, professional and social welfare of personality.
  29. "Wellness services" are services for provision of which using natural factors is not required, and which are fulfilled in equipped halls and premises, including various procedures of the classical and non-traditional medicine, aiming recreation of psycho-emotional and physical health and directed to human body beauty. Wellness services are fulfilled by staff with specialized education in the relevant area.
  30. "Talaso-therapeutic centre" is an isolated or built up at an accommodation centre, situated in a city or resort environment, close to the sea coast,, which offers programmes and rituals, including use of sea water and/or natural derivative products and mud, through classic and non-traditional therapeutic methods of impact, aiming recreation of psycho-emotional and physical health, as well as directed to human body beauty, which are held in a specially equipped cabinets, halls and premises. The healing activity is directed by a doctor with acquired specialty of physical and rehabilitation medicine.
  31. "Talaso-therapeutic services" are services, requiring use of sea water and derivative products, as well as healing mud and/or other natural factors for classic and non-traditional therapeutic methods of impact, aiming recreation of psycho-emotional and physical health as well as directed to human body beauty. Talaso-therapeutic services are consulted and realized by medical and non-medical specialists, received education in an accredited higher school.
  32. "ski runways" is an accessible, isolated and safe mountain area, which offers tourist services, related to practicing ski sports (ski Alpine disciplines, snow board and ski run).
  33. "Rotel" is a movable hotel, representing a wagon with single and double rooms. During the day the tourists get acquainted with various cities and their sights, but the spend the night in the train.
  34. "Botel" is not big water hotel (not sailing), where such may be used a sailing vessel, equipped in the relevant manner.
  35. "Flotel" is a sailing vessel, representing a special equipped sailing vessel. The tourists are offered comfortable rooms-cabins, services for active rest, halls for negotiations, conferences, congresses, communication means, bars and restaurants.
  36. "Hotel management" is providing accommodation and other services according to the type and category of the site.
  37. "Hotel manager" is a person, carrying out hotel management in all kinds of accommodation places, tourist huts, tourist training centres and tourist dormitories, categorized by the law or with a temporary issued certificate for an open procedure for categorization,
  38. "Restaurant management" is provision of tourist services in special forms of service according to the type of tourist site.
  39. "Restaurant manager" is a person, who carried out restaurant management in all types of categorized by the act food and entertainment places (isolated and belonging to accommodation places) and food places, belonging to tourist huts.
  40. "Tour-operator’s activity" is organization of group and/or individual tourist trips with total price, offered for sale, directly or through a tourist agent with the purpose of tourism, rest, entertainment, business, participation or visit of events of cultural and acquaintance nature, of congress and business events or with another purpose.
  41. "Tour-operator’s activity" is organization of group and/or individual tourist trips with total price, offered for sale, directly or through a tourist agent aiming tourism, relaxation, entertainment, business, participation or visit to events of cultural and knowledgeable nature, congress and business events or other purpose.
  42. "Tour-operator" is a person, registered under this act or entered in the register of tour-operators and tourist agents for carrying out tour-operator’s activity.
  43. "Tourist agent activity" is carrying out intermediary in: sale of organized tourist trips with total price of end consumers; passengers aviation, water and bus carriage; reservation, visa and other additional tourist services, as well as insurance, related to tourist trips.
  44. "Tourist agent" is a person, registered under this act or entered in the register of tour-operators and tourist agents for carrying out tourist agent activity.
  45. "Free provision of services by tour-operator and/or tourist agent" is available, where a person, who has the right to exercise tour-operator’s and/or tourist agent activity under the legislation of another EU, Member State will carry out this activity temporary or once without establishing on the territory of the Republic of Bulgaria.
  46. "Tourist voucher" is a documents, certifying the existence of a contract between the tour-operator and the tourist as consumer of an organized tourist trip with total price or at a sale, basic and additional tourist service/s.
  47. "Reservation form" is a document under report, certifying the existence of a contract between the tourist agent and the tourist as consumer of a basic or additional tourist service, where they are not part of an organized tourist trip with total price.
  48. "Tourist product" is a combination of specific economic activities and natural and anthropogenic conditions and resources within the frames of a certain territory, offered and used by the tourist during his/her trip.
  49. "Organized group and individual tourist trips with total price" are trips:
  50. a) on a preliminary prepared programme, including combination of at least 2 of the following service:
  51. aa) transport;
  52. bb) accommodation;
  53. cc) other tourist services, which are not connected with the transport or accommodation and are substantial part of the trip. and
  54. b) are offered or sold at a price, which includes all the costs and
  55. c) are for the term, longer than 24 hours or include accommodation for spending the night.
  56. "Basic clauses of the contract for organized tourist trip with total price" are: the price, date of departure and arrival, duration of the stay, itinerary of the trip, type of used transport, location, type and category of the accommodation places.
  57. "Basic tourist services" are accommodation and transport.
  58. "Additional tourist services" are services, related to trips, entertainment, events of cultural and knowledgeable nature, congress and business events (organization of meetings, conferences, seminars, training, presentations and other corporative events) sport-animation and water-attractive services, health, SPA and wellness services, use of rope lines, renting beach facilities, ski equipment, vehicles and sailing vessels for sport, tourism and entertainment, services provided by schools and dance clubs, sailing and other water sports, services by ski schools and other services, offered, used by the tourists during their trip and stay.
  59. "Children’s camp" is a form of organization and conducting of a children’s and students’ tourist trips with total price, which is realized while observing special rules.
  60. "Related persons" are:
  61. a) spouses, relatives of direct line – without limitations, in direct line to 4th level and relatives in-law – to 3rd level including;
  62. b) employer and employee;
  63. c) persons, one of whom participates in the company management of the other;
  64. d) partners;
  65. e) company and a person, who possesses more than 5% of the shares and assets, issued with right to vote in the company;
  66. f) persons, whose activity is controlled directly or indirectly by a 3rd person;
  67. g) persons, who jointly control directly or indirectly a 3rd person;
  68. h) persons, one of whom is a trade representative of the other;
  69. i) persons, one of whom participates in a company management for carrying out the same activity at the same place and with more than half of the same hired persons during 2 years from termination of this activity of the other.
  70. "Guide" is a person, entered in the National tourist register for exercising the profession of guide, who with realization of the programme of tourists acquaints them with natural-geographic peculiarities, social-economic development and cultural heritage of the country.
  71. "Mountain guide" is a person entered in the National tourist register for exercising the profession of mountain guide, who guides and accompanies tourists in a mountain and natural environment, where during the itinerary he/she takes care for the security of tourists and gives them information about the natural-grographic sites.
  72. "Ski teacher" is a person, entered in the National tourist register for exercising the profession ski teacher, who teaches tourists in snow sports (ski, snow board, ski run, etc) at a ski school.
  73. "Ski school" is a legal person – trader in the meaning of the Commercial Act, the requirements of which are provided in the relevant ordinance of Art. 146, Para. 2.
  74. "Children’s ski zone" is isolated zone for practicing snow sports by children up to 6-year age. It is equipped with equipment and facilities of snow and other materials, providing secure and safe practicing of snow sports, according to the age of the children.
  75. "Snow park" is an isolated zone for practicing ski and snow board free style. It is built by different facilities, made of snow and other materials, in zones of different configuration and level of difficulty. It provides security and safety of the practicing people.
  76. (amend. - SG 59/16, in force from 01.08.2016) "Document, certifying knowledge of a language" is a diploma, certificate, or other certifying document evidencing successfully passed test in a foreign language in a higher school, profiled or professional high school, high school, or a language course.
  77. "Organized children’s tourist trip" is an organized trip, in which the consumers are persons below 90 years of age, accompanied by adult people.
  78. "Light part of the day" includes the period from sun rise to sun set according to the national meteorological service.
  79. "Consumer of organized individual or group tourist trips with total price" is a person:
  80. a) who signs a contract for tourist trip with total price, or
  81. b) who gives agreement to sign a contract for tourist trip with total price, or
  82. c) on whose behalf and/or in whose favour is signed or agreement has been reached to be signed a contract for tourist trip, or
  83. d) in whose favour a tourist trip has been transferred with total price under 91. Para. 1.
  84. "Brand" is a unique combination of emotional and rational conceptions for one destination and type product, which it offers, different form the competition destinations as most appropriate for the relevant market segments.
  85. "Repeated" is the breach, which has been committed within 1 year term from the enforcement of the penal decree, with which the breaker has been punished for the same type of breach.
  86. "Systematic breach" is where within 2 year term 3 or more administrative breaches have been committed under this act.
  87. "Repeated refusal" is refusal by the person, carrying out tourist activity in the site to give access for the second time to an official of the control bodies in the site or to provide to the control bodies the required for the second tine documents and information.
  88. "Resided home" is the home, in which the person, carrying out hotel management lives and it is his/her present address on address registration.
  89. "Irresistible force" is an event in the meaning of Art. 306, Para. 2 of the Commercial Act.
  90. "Ski zone" is mountain territory with certain borders, which covers ski runways of different difficulty and purpose, the connections between them, runways and rope lines for carriage of people.

 

Transitional and concluding provisions

 

  • 2.The Tourism Act (publ., SG, 56/2002; amend., 119 and 120/2002, 39/2004, 28, 39, 94, 99 and 105/2005, 30, 34, 80, 82 and 105/2006, 42, 53 and 80/2007, 31, 36 and 66/2008, 19 and 82 /2009 and 15, 50 and 98/2010 ) shall be repealed.

 

  • 3. Within the term of 1 year from the enforcement of the act, the persons, who exercise the professions guide, mountain guide and ski teacher shall comply their activity with its requirements and shall provide to the Ministry of Economy, Energy and Tourism the relevant documents for their entry in the National tourist register.

 

  • 4. (1) Registration of tour-operators and/or tourist agents, carried under the repealed Tourism Act shall be kept.

(2) Where on the date of the enforcement of the act there is a started procedure for registration of tour-operators and/or tourist agents, the procedure shall be finalized under the repealed Tourism Act.

 

  • 5. (1) Renewal of the category of the categorized tourist sites by the enforcement of the act fulfiling the term under Art. 133, Para. 2 shall be carried out as follows:
  1. for the categorized tourist sites during 2004 and 2005 – during 2014;
  2. for the categorized tourist sites during 2006 and 2007 – during 2015;
  3. for the categorized tourist sites during 2008 and 2009 – during 2016;
  4. for the categorized tourist sites during 2010 – during 2017;
  5. for the categorized tourist sites during 2011 – during 2018;
  6. for the categorized tourist sites during 2012– during 2019;

(2) The open procedures for issuing certificates for a certain category of the tourist sites by the enforcement of the act shall be finalized under the procedure, provided by it.

  • 6. (1) The change of type of categorized by the enforcement of the act tourist sites from separated rooms in guest rooms and form houses into guest houses and receiving the new category symbolics shall be made within the term of § 5.

(2) The issued by the enforcement of the act category symbolics fo separated rooms and for house shall be valid to the renewal of the category of the relevant site in the term of § 5.

 

  • 7. (1) The tourist associations, entered by the enforcement of the act in the National tourist register, within the term by 6 months from the enforcement of the act, shall comply their activity with its requirements and shall produce to the Ministry of Economy, Energy and Tourism the documents under Art. 52, Para. 1.

(2) In case of failure to be fulfilled the requirements of Para. 1, the Minister of Economy, Energy and Tourism shall delete the relevant association from the National tourist register.

(3) The deleted under Para. 2 tourist association may declare new entry in the National tourist register under Art. 52, Para. 1.

 

  • 8. (1) The determined categories of beaches under the repealed Tourism Act shall be terminated with the enforcement of the act.

(2) The non-finalized procedures of categorization of beaches under the repealed Tourism Act shall be terminated with the enforcement of the act.

(3) The paid fees for examination of the applications under Para. 2 shall be subject to restoration, if within the term of 3 months from the enforcement of the act a request has been submitted by an authorized person.

 

  • 9. (1) Procedures, not finalized on categorization of ski runways under the repealed Tourism Act shall be terminated with the enforcement of the act.

(2) The paid fees for examination of the applications under Para. 1 shall be subject to restoration, if within the term of up to 3 months from the enforcement of the act, a request has been submitted about this by an authorized person.

 

  • 10. (1) Within 3 month term from the enforcement of the act, the Council of Ministers shall adopt the ordinances under Art. 79, Para. 5, Art. 99, Para. 4, Art. 121, Para. 5, Art. 159 and Art. 165, Para. 2 and the tariff under Art. 69, Para. 3.

(2) Within 3 month term from the enforcement of the act, the Minister of Economy, Energy and Tourism shall issue the ordinance under Art. 64.

(3) Within 6 month term from the enforcement of the act, the Council of Ministers shall adopt the ordinance under Art. 164.

(4) Within 6 month term from the enforcement of the act, the Minister of Economy, Energy and Tourism shall issue the ordinances under Art. 58, Para. 4 and Art. 122, Para. 4.

(5) Within 6 month term from the enforcement of the act, the Minister of Health and the Minister of Economy, Energy and Tourism shall issue jointly the ordinance under Art. 138, Para. 3.

(6) Within 6-month term from the enforcement of the act, the Minister of Economy, Energy and Tourism, jointly with the Minister of Education, Youth and Science and the Minister of Physical Education and Sport shall issue the ordinances under Art. 146, Para. 2.

  • 11. Within 3-month term from the enforcement of the act, the Minister of Economy, Energy and Tourism shall issue the order under Art. 16, Para. 3.

 

  • 12. The state and municipality bodies, adopted or issued normative acts, which classify the types accommodation places and food and entertainment places shall be obliged within the term of up to 6 months from the enforcement of the act to make the amendments, comprising from it.
  • 13. (1) The National council on tourism, the consultative councils on the issues of tourism, the Expert commission on registration of tour-operators and tourist agents, the Expert commission on categorization and certification of tourist sites and the Municipal expert commission on categorization of tourist sites under the act shall be established within 3 months from its entry into force.

(2) The councils and commission under the repealed Tourism Act shall be closed with the establishment of the ones, under Para. 1.

  • 14. The adopted and issued normative acts under the repealed Tourism Act shall apply by the issuance of the relevant new legislative normative acts, unless they do not contradict this act.

 

  • 15. In the Act in VAT (publ., SG, 63/2006; amend., 86, 105 and 108/2006; Decision N 7 of the Constitutional Court of 2007 – 37/2007; amend., 41, 52, 59, 108 and 113/2007, 106/2008, 12, 23, 74 and 95/2009, 94 and 100/2010, 19, 77 and 99/2011, 54, 94 and 103/2012 and 23/2013) in § 1 of the Additional provisions in p. 45 the words "in the meaning of p. 12" shall be replaced by "in the meaning of p. 70".

 

  • 16. In the Local Taxes and Fees Act(publ., SG, 117/1997; amend., 71, 83, 105 and 153/1998, 103/1999, 34 and 102/2000, 109/2001, 28, 45, 56 and 119/2002, 84 and 112/2003, 6, 18, 36, 70 and 106/2004, 87, 94, 100, 103 and 105/2005, 30, 36 and 105/2006, 55 and 110/2007, 70 and 105/ 2008, 12, 19, 41 and 95/2009, 98/2010 and 19, 28, 31, 35 and 39/2011; Decision N 5 of the Constitutional Court of 2012, 30/2012; amend. 53, 54 and 102/2012 and 24/2013) the following amendments shall be made:
  1. In Art. 61r, Para. 3 the words "means for shelter and" shall be deleted.
  2. In Art. 61s, Para. 1 the words "means for shelter and" shall be deleted.
  3. In Art. 61t the words "under Art. 10, Para. 2" shall be replaced by "under Art. 11, par. 2"
  4. In § 1 of the Additional Provision:
  5. a) in p. 24, letter "a" the words "means for shelter and" shall be deleted;
  6. b) p. 27 shall be amended as follows:

"27. "Accommodation places are the relevant tourist sites under Art. 3, Para. 2, p. 1 of the Acton Tourism.";

  1. c) in p. 29 the words "Art. 3, Para. 3,p. 3" shall be replaced by "Art. 3, Para. 2, p. 2";
  2. d) in p. 34 the words "means for shelter and" shall be deleted.
  3. In Annex N4 in Chapter Two, Section VІ in p. 1 the words "means for shelter and" shall be deleted.
  • 17. In the Health Act (publ., SG, 70 /2004; amend., 46, 76, 85, 88, 94 and 103/2005, 18, 30, 34, 59, 71, 75, 80, 81, 95 and 102/2006, 31, 41, 46, 53, 59, 82 and 95/2007, 13, 102 and 110/2008, 36, 41, 74, 82, 93, 99 and 101/2009, 41, 42, 50, 59, 62, 98 and 100/2010, 8, 9, 45 and 60/2011, 38, 40, 54, 60, 82, 101 and 102/2012 and 15/ 2013) the following amendments shall be made:
  1. In § 1 of the Additional Provisions in p. 9:
  2. a) letter "c" shall be amended as follows:

"c) accommodation places – hotels, motels, apartment tourist complexes, villa villages, tourist complexes, villas, family hotels, hostels, boarding houses, rest homes, guest rooms, guest apartments, guest houses, bungalows, campings, as well as tourist huts, tourist training centres and tourist dormitories;"

  1. b) in letter "f" the words "SPA and wellness centres" shall be replaced by "medical SPA centres, SPA centres, wellness centres and talaso- therapeutic centres".
  2. In § 1a in letter "d" the words "means for shelter and" shall be deleted and "Art. 3, Para. 3, p. 1, 2, 3 and 10" shall be replaced by "Art. 3, Para. 2, p. 1, 2 and 3".
  • 18. In the Consumer Protection Act(publ., SG, 99/2005; amend., 30, 51, 53, 59, 105 and 108/2006, 31, 41, 59 and 64 /2007, 36 and 102/2008, 23, 42 and 82/2009, 15, 18 and 97/2010, 18/ 2011, 38 and 56/2012 and 15 /2013) the following amendments shall be made:
  1. In Art. 186, Para. 2, p. 2 the word "fourth" shall be replaced by "seventh".
  2. In Annex N 1 in Art. 156, p. 1:
  3. a) in Part I, in p. 3.2 the words "means for shelter and" shall be deleted;
  4. b) in part III everywhere the words "means for shelter and" shall be deleted.
  5. In Annex N2 in Art. 156, p. 2, in Part I in p. 4 in the text of letter "a" "means for shelter and" shall be deleted.
  6. In Annex N4 in Art. 156, p. 4, in Part III everywhere the words "means for shelter and" shall be deleted.
  • 19. In the Consumer’s Credit (publ., SG, 18/2010; amend. 58/2010 and 91/2012) in the Transitional and Final Provisions of the Act, Amending and Supplementing the Consumer Credit Act(SG, 91/2012) § 4 shall be amended as follows:

"§ 4. The provisions of this act for calculation of Annual percentage of costs (APC) on the credit, reporting the additional admittance under p.3 of Annex N 1 in Art. 19, Para.2 shall not apply to contracts for consumer credit, signed before its enforcement".

  • 20. The act shall come into force from the day of its publication in the State Gazette with the exception of the provisions of Chapter Nine, Ten and Twelve, which shall come into force 6 months after the publication of the act.

-------------------------

This act was adopted by the 41st National assembly on 12 March 2013 and has been sealed by the official stamp of the National Assembly.

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE YOUTH ACT

(PROM. – SG 68/13, IN FORCE FROM 02.08.2013)

  • 55. The Act shall enter into force from the date of its promulgation in the State Gazette.

ACT, AMENDING THE ACT ON TOURISM

(PUBL. – SG, 9/2015, IN FORCE FROM 3. 2. 2015)

  • 2.Everywhere in the act the words: “Minister of Economy, Energy and Tourism” shall be replaced by the “Minister of Tourism” and the words: “Ministry of Economy, Energy and Tourism” shall be replaced by the “Ministry of Tourism”

Concluding provisions TO THE ACT, AMENDING THE ACT ON TOURISM

(PUBL. – SG, 9/2015, IN FORCE FROM 3. 2. 2015)

  • 6. The act shall come into force from the day of its publication in the State Gazette.

Transitional and concluding provisions TO THE PRE-SCHOOL AND SCHOOL EDUCATION ACT

(PROM. - SG 79/15, IN FORCE FROM 01.08.2016)

  • 60. This Act shall enter into force from 1st August 2016, with the exception of:
  1. Art. 22, para. 2 it. 3, 4 and 13 and para. 3, Chapter Six, Sections I, II and III and § 58, which shall enter into force one month after the promulgation of the Act in the "State Gazette"
  2. Chapter Seven, which shall enter into force two months after the promulgation of the Act in the "State Gazette"
  3. Chapter Sixteen, which shall enter into force on January 1, 2017;
  4. § 46 it. 1, letter "a", which shall enter into force on August 1, 2022.

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON THE BLACK SEA COAST SPATIAL DEVELOPMENT

(PROM. SG 20/16, IN FORCE FROM 15.03.2016)

  • 27. The Act shall enter into force from the date of its promulgation in the State Gazette.

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE VOCATIONAL EDUCATION AND TRAINING ACT

(PROM. - SG 59 OF 2016, IN FORCE FROM 01.08.2016)

  • 86. This Act shall enter into force on August 1, 2016.

Transitional and concluding provisions TO THE ACT AMENDING AND SUPPLEMENTING THE TOURISM ACT

(PROM. - SG 75 FROM 2016)

  • 11. (1) Within 12 months from the entry into force of this Act, the Minister of Tourism shall provide interfaces for appropriate data exchange with the Single System for Tourist Information pursuant to Art. 116, para. 6, items 2 and 3, and shall develop and ensure the use of the information system under Art. 116, para. 2, item 1.

(2) Until conditions for the data exchange under par. 1 are ensured, the persons performing hotel management shall submit data electronically under Art. 116, para. 7, item 2 monthly to the municipality through a reference declaration in a form approved by the Minister of Tourism and published on the website of the Ministry of Tourism. Until the form is approved, information on the number of nights spent shall be submitted in the order prevailing hitherto.

  • 12. Within 12 months from the entry into force of this Act, the Minister of Tourism shall ensure conditions are available for entering in the National Tourist Register pursuant to Art. 167, para. 2. Until such conditions for entry are available, persons under Art. 167, para. 1 shall keep the register and send information about entries in it in the order prevailing hitherto.
  • 13. Within three months from the entry into force of this Act, the Council of Ministers shall adopt the ordinance under Art. 165, Para. 2.