Name of the law, law on Tourism Bill name Tourism Bill of acceptance Date 12/03/2013 number/year Official Gazette 30/2013 Decree No 67
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law for tourism, adopted by the National Assembly of the HLI 12 March 2013.
Issued in Sofia on 20 March 2013.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice:
Dragomir Yordanov
LAW
for tourism
Chapter one
GENERAL
Art. 1. This law governs social relations connected with:
1. the management, regulation and control of tourism activities, services and projects;
2. tour of the country, zoning tourist areas, creation, device, organization and activities of the organizations for their management;
3. the powers of the public authorities, territorial bodies of the Executive power, organizations for the management of tourist areas and tourist associations in shaping and carrying out policy for the sustainable development of tourism.
Art. 2. the objectives of the Act are to:
1. ensure the conditions for the sustainable development of tourism and competitive national tourist product;
2. create conditions for the development of specialized types of tourism-cultural, health, Spa and wellness, rural, eco, Congress, children and youth, adventure, sports, hunting, golf and other tourism;
3. introduce uniform criteria for the performance of tourist activities and provision of tourist services;
4. ensure protection of consumers of travel services.
Art. 3. (1) the tourist activities are:
1. tour travel agency activities;
2. hospitality;
3. restaurants;
4. the provision of thematic oriented additional tourist services in the area of maritime, skiing, cultural, health, Spa, wellness, wine, rural, eco, the Congress, the children's and youth, adventure, sports, hunting, golf, and other types of tourism;
5. the provision of tourist guide services, keeping the tourists in the mountain and the natural environment and the provision of facilities for sports.
(2) tourist sites are:
1. accommodation: a) class a – hotels, motels, apartment complexes, tourist villages, tourist villages and villas;
(b) class b) – family hotels, hostels, boarding houses, holiday houses, guest houses, guest rooms, suites, bungalows and campsites;
2. the dining and entertainment (solo and adjacent to properties) – restaurants, fast service, pubs, cafes and bars;
3. tourist lodges, tourist offices and tourist bedrooms and spinoff eateries for dining – tour, tourist buffets and travel accessories with servit′orsko service;
4. the ski slopes – ski slopes for Alpine skiing, snowboarding and cross-country skiing, ski areas and children's snow parks;
5. private and adjacent to properties health (medical Spa) centers, spas, wellness centres and Thalassotherapy centres;
6. beaches – beaches to natural and artificial water bodies;
7. the offices to pursue the tour operator and travel agency activities;
8. tourist information centres;
9. posetitelskite centers for presentation and exhibition of local natural and cultural heritage;
10. public and private museums and collections in cultural values and art galleries;
11. arts and crafts centres and centres for the temporary exhibitions with tourist purposes;
12. the tourist roads/trails and velomaršrutite;
13. the objects for climbing, paragliding and route type "via ferrata";
14. horse rides for amateur Riding and trails for horseback riding;
15. water parks, water attractions and adventure parks;
16. entertainment and theme parks;
17. the golf courses;
18. places for observation of wild animals and birds;
19. under the law on hunting areas hunting and game management;
20. Cellars wineries;
21. real cultural values under the law on cultural heritage, cultural institutes of the law for the protection and development of culture, under the law on protected areas protected areas – in the event that they are socialized and offer conditions for acceptance and maintenance of tourist visits and in accordance with the arrangements for their protection and with the internal rules of the persons to whom is granted the right to drive.
(3) tourist facilities at al. 2 are generally available with the exception of those for which special laws provide otherwise.
(4) there shall be no waiver of the provision of tourist facilities in tourist sites, as well as providing them with lower quality or in more adverse conditions, based on the signs referred to in art. 4, al. 1 of the law on protection from discrimination.
Art. 4. (1) persons providing tourist facilities in tourist sites, are required to declare their prices in the same size to all tourists, as do not allow different treatment of tourists or putting some of them in a disadvantage based on the signs referred to in art. 4, al. 1 of the law on protection from discrimination.
(2) the requirements of paragraphs 1 and 2. 1 shall also apply in cases where the rates of travel services shall be indicated in the Internet, advertising and commercial brochures and publications, as well as in radio and tv shows.
Chapter two
STATE POLICY AND AUTHORITIES FOR THE MANAGEMENT OF TOURISM
Art. 5. (1) the State policy in the field of tourism shall be determined by the Council of Ministers.
(2) the Council of Ministers shall, on a proposal from the Minister of economy, energy and Tourism approved the national strategy for sustainable development of tourism and development strategies of individual types of tourism.
(3) the State policy for the sustainable development of tourism be integrated into sectoral policies and is implemented by the Minister of economy, energy and tourism with the participation of other bodies of executive power within their competence.
(4) approval of the strategies under para. 2 it is necessary the presence of entered into force an opinion on environmental assessment for consultation or decision that it is not necessary to conduct the environmental assessment issued pursuant to Chapter vi, section II, of the Act on the protection of the environment.
Art. 6. the Minister of economy, energy and tourism carried out the State policy in the field of tourism, such as:
1. develop and monitor the implementation of the national strategy for the sustainable development of tourism and the development strategies of individual types of tourism, as well as short-term programs and plans for their implementation;
2. develop and implement a national marketing strategy in accordance with the strategies under item 1;
3. approve and implement the annual programme of national tourist advertising;
4. develop and validate concept to tour the country's regionalization;
5. develop jointly with other public authorities and offering to the Council of Ministers draft regulations on the status and management of national holidays;
6. coordinate and interact with organisations for the management of tourist areas in the implementation of a national marketing strategy and the development of marketing strategies of tourist areas;
7. arrange for marketing research basic and promising markets for Bulgarian tourist product, as well as studies in the field of tourism and advertising effectiveness analyses;
8. organizes the participation of the Republic of Bulgaria in international tourist exhibitions, fairs and events related to tourism;
9. organize familiarisation trips and visits to the journalist's foreign tour operators and travel agents in the country;
10. produce and disseminate promotional and informational material and souvenirs;
11. raise, process and analyse statistical data on the evolution of supply and demand in the countries – major markets for the national tourist product;
12. maintain, update and promote National Tourist Web-portal;
13. develop and implement communication campaigns in the domestic and foreign markets;
14. ensure the activities of the national tourist information centre;
15. interacts with the competent State authorities and territorial bodies of the Executive Branch, organizes and coordinates the joint activities in the conduct of national policy in tourism, financial security and the implementation of strategies and programmes referred to in paragraph 1, 2 and 3 and the concept under item 4;
16. interacts with organizations for the management of tourist areas and supervises the execution of activities under art. 18, al. 1;
17. interact with tourist associations, listed in the national tourism registry, in carrying out their activities in the field of tourism;
18. assist in the realization of initiatives of tourist associations, listed in the national tourism registry, where they are in accordance with the objectives and priorities of the Ministry of economy, energy and tourism in the area of tourism for the year;
19. issues, coordinate and propose to the Cabinet of Ministers draft regulations in the field of tourism and supervise their implementation;
20. organize and coordinate control of quality of tourism product;
21. supports the activities of the competent authorities for carrying out the State policy in respect of training and upgrading the qualifications of staff in tourism;
22. supports the work of attracting investments and assist in the implementation of projects for sustainable and balanced development of tourism at national, regional and local level, including the establishment and development of tourism-related infrastructure;
23. to represent the Republic of Bulgaria in front of the international bodies and organizations in the field of tourism and perform and coordinate the implementation of the obligations of the Republic of Bulgaria arising from its membership in them;
24. developing projects and participates in the development, assessment, monitoring and control of the implementation of programmes and projects in the field of tourism, financed by the European Union and international organisations;
25. proposes the creation of tourist agencies of the Republic of Bulgaria abroad;
26. arrange for the maintenance of the single system of tourist information;
27. organize the keeping, updating and maintenance of the national tourism register under art. 166, para. 1;
28. a national network of tourist information centres, operating on the basis of uniform standards and, on the basis of public-private partnership;
29. develop and promote the introduction of voluntary certification systems of quality and sustainable tour development;
30. to manage the National Council for tourism;
31. carry out registration of tour and travel agents;
32. determine the category of tourist objects in cases referred to in this law;
33. certified tourist sites in cases referred to in this law;
34. imposes fines and financial penalties in the cases provided for in this Act.
Art. 7. (1) for the implementation of cooperation and coordination in the field of tourism has set up a National Council of tourism (, the OSQ) – an advisory body to the Minister of economy, energy and tourism.
(2) in the cast, the OSQ: 1. Deputy Minister of 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, Minister of State for transport, information technology and communications, Deputy Minister of education, youth and science, Deputy Minister of labour and social policy, Deputy Minister of the Interior and Deputy Minister of physical education and sports defined by the relevant Ministers;
2. the President of the Commission for the protection of consumers;
3. the Executive Director of the Bulgarian Agency for food safety;
4. the Executive Director of the National Revenue Agency;
5. a representative of each organization for the management of tourist areas;
6. one representative of each branch Tourist Association, entered in the national register travel;
7. one representative of the regional, product and professional tourist associations, listed in the national tourism register;
8. a representative of the national holidays;
9. a representative of the carriers ' associations in the field of air, land and water transport;
10. a representative of the national consumer associations represented in the Republic of Bulgaria and national representative employers ' organisations in the Republic of Bulgaria;
11. a representative of the National Association of municipalities in Republic of Bulgaria.
(3) the President, the OSQ is the Minister of economy, energy and tourism or authorized by him Deputy Minister or other official.
(4) the conditions and procedures for the determination of representatives of associations, organisations and the resorts on al. 2, s. 6-10 in the Al. 6.
(5) organizational and technical support to the work of, the OSQ is carried out by the administration of the Ministry of economy, energy and tourism.
(6) the Organization of work, the OSQ is determined by regulations of the Minister of economy, energy and tourism. The rules shall be published on the website of the Ministry.
(7) the Name of the stock, the OSQ is determined by order of the Minister of economy, energy and tourism.
(8) the members of the Al, the OSQ. 2, item 1 – 4 and 10 may be represented by another person with the express written authorisation for any particular session when they cannot attend for objective reasons.
Art. 8. (1) the National Council for tourism:
1. assist the Minister of economy, energy and tourism in the formation and implementation of State policy in tourism;
2. supports the coordination of national policies in the field of tourism;
3. discuss the concepts and programmes for the sustainable development of tourism and expressing opinions thereon;
4. make proposals to the Minister of economy, energy and tourism to create, amend, supplement or repeal of regulations related to the development of tourism;
5. examine issues relating to territorial development, the establishment and maintenance of tourist infrastructure and attracting foreign investment in tourism;
6. discuss preparations for tourist seasons and analyse the results thereof;
7. discuss the results of the activities of the bodies entrusted with the exercise of control in tourism and related activities, and provides recommendations for improving the work of the supervisory authorities;
8. examine the issues and make recommendations to improve the protection of consumers of travel services;
9. consider and other issues of importance for the development of tourism.
(2) the National Council of tourism expressed opinions and put forward suggestions on matters related to tourism development – territorial development, the establishment and maintenance of tourist infrastructure, use and conservation of tourist resources, taxation of tourist activities, the implementation of the visa facilitation and others.
(3) the National Council of tourism expressed opinions and put forward suggestions on matters related to marketing and promotion of Bulgaria as a tourist destination, including:
1. the annual programme of national tourist advertising;
2. market research and studies of tourist flows, and analyses and forecasts for the tourist development;
3. branding and advertising activities of Bulgaria as a tourist destination;
4. The single system for tourist information and National Tourist Web-portal;
5. the activities of the national network of tourist information centres;
6. the implementation of projects of the European Union in the field of tourism marketing;
7. information services and supporting the participation of Bulgarian companies in fairs and events related to tourism.
(4) the National Council for tourism may set up expert groups on specific issues of its mission with the participation of representatives of:
1. scientific organizations, institutes and higher schools in the field of tourism;
2. other institutions and organizations interested in the development of tourism.
Art. 9. (1) The Minister of economy, energy and Tourism Committee of Experts created by the registration of tour operators and travel agents (EKRTTA) and the Expert Committee on categorisation and certification of tourist sites (EKKSTO).
(2) the Chairman of the committees on al. 1 is authorised by the Minister of economy, energy and tourism Deputy Minister or other official.
(3) in the composition of the EKRTTA included with the tie, the representatives of the Ministry of economy, energy and tourism, on the one hand, and representatives of the tourist industry association of tour and travel agents, on the other hand.
(4) the Expert Committee on the classification and certification of tourist facilities there are two composition in accordance with the objects subject to categorisation and certification referred to in paragraph 1. 5 and 6.
(5) in the composition of EKKSTO when categorization of tourist objects of art. 3, al. 2, item 1 – 3 are included with the tie, the representatives of the Ministry of economy, energy and tourism, on the one hand, and representatives of the tourism industry association of hoteliers and restaurateurs and tourist product associations, on the other hand.
(6) in the composition of the EKKSTO in the certification of tourist objects of art. 3, al. 2, item 5 included with a tie, the representatives of the Ministry of economy, energy and tourism and the Ministry of health, on the one hand, and representatives of the tourist product and professional associations, on the other hand.
(7) the conditions and procedures for determining the number and representatives of associations and non-profit legal entities under para. 3, 5 and 6 shall be determined by regulations under paragraph 1. 9.
(8) the Name of the Al lineup. 1 shall be determined by order of the Minister of economy, energy and tourism after receipt of proposals by the heads of agencies, tourist associations and non-profit legal entities under para. 3, 5 and 6.
(9) the Minister of economy, energy and tourism issued regulations for the Organization and activities of the commissions in the Al. 1. Art. 10. The Governor carry out the State policy in the field of tourism in the territory of the region, such as:
1. develop regional strategy and participates in the development of programs for the development of tourism in the territory of the region and coordinate their implementation; strategy and programmes integrate in the regional strategy for regional development and shall be drawn up on the basis of national priorities for the development of tourism, the marketing strategy of the tourist area and in accordance with local and regional tourist resources and needs;
2. assist the Minister of economy, energy and tourism in the implementation of activities under art. 6 in the field;
3. cooperate and support the initiatives of the State bodies, the Organization for the management of the tourist area and the tourist associations for tourism development on the territory of the region in the implementation of the national policy in the field of tourism;
4. a Commission under art. 161, para. 1 and control its activities;
5. performs control functions in cases provided for in this law.
Art. 11. (1) the Municipal Board shall adopt the programme for the development of tourism in the territory of the municipality in accordance with the priorities of the regional strategy, the marketing strategy of the tourist area and according to the local tourist resources and needs.
(2) the programme for the development of tourism provides events for:
1. building and maintaining infrastructure, catering to tourism in the territory of the municipality, including the local roads to tourist sites;
2. construction and operation of tourist information centres and the Organization of information services for tourists;
3. construction and maintenance of tourist objects which are municipal property or the right to use and manage is granted to the municipality;
4. organisation of events and activities with local and national importance, contributing to the development of tourism;
5. conduct studies, analyses and forecasts of the development of tourism in the municipality;
6. advertisement of the tourist product of the municipality, including the participation of tourism fairs and exhibitions;
7. interaction and membership of the municipality in its tourist associations and in the Organisation for the management of the tourist area;
8. improving the quality of services offered in the municipal tourist sites.
Art. 12. The Mayor of the municipality:
1. develop program under art. 11, para. 1 and report on its implementation and after their approval by the Advisory Committee under art. 13, para. 1 submit them for adoption by the City Council;
2. creates and manages Advisory Board under art. 13, para. 1;
3. a Municipal Committee of experts on the categorisation of tourist objects (OEKKTO);
4. determine the category of tourist sites, on the proposal of the OEKKTO in the measures provided for in this law;
5. establish and maintain a Community register of categorized under item 4 tourist sites on the territory of the municipality – a part of the national tourism register;
6. propose to the City Council to determine the amount of tourist tax after the written opinion of the Advisory Board of art. 13, para. 1;
7. on a monthly basis from the register shall forward the information referred to in paragraph 5 in electronic form or by electronic means to the Minister of economy, energy and tourism;
8. collect statistical information and create and maintain an information database on tourism in the territory of the municipality pursuant to the Ordinance under art. 165, para. (2);
9. develop and implement programmes and projects in the field of tourism, financed by the European Union and international organisations;
10. cooperate and support the initiatives of the State bodies, the Organization for the management of the tourist area and the tourist associations for the development of tourism in the region in the implementation of the national policy in the field of tourism;
11. shall prepare an annual report on the use of the meetings on the territory of the municipality tax and publish it on the website of the relevant municipality;
12. inspecting the measures provided for in this law cases.
Art. 13. (1) the Mayor of the municipality in whose territory there are constructed and functional properties, an Advisory Board on issues of tourism.
(2) the Chairman of the Advisory Council on the issues of tourism is the Mayor of the municipality or an official authorised by him.
(3) in the composition of the Advisory Council on the issues of tourism involved with an equal number of representatives of local authorities and of national, regional or municipal museums, on the one hand, and of the tourist associations, listed in the national register, tourist and other natural and legal persons which have a bearing on the development of tourism, on the other hand.
(4) the order and the manner of determining the representatives of museums, natural and legal persons referred to in paragraph 1. 3 in the Advisory Council on the issues of tourism shall be specified in the regulations under subsection. 7.
(5) the Mayor of the municipality by order shall determine the number and nominal composition of the members of the Advisory Council on the issues of tourism, in compliance with the requirements of paragraphs 1 and 2. 3.
(6) the Advisory Council on the issues of tourism:
1. discuss and approve the program under art. 11, para. 1 and the report on its implementation;
2. make proposals to the Mayor of the municipality and gives opinions on matters related to the development of tourism in the territory of the municipality, including the amount of tourist tax and its spending, and for membership of the municipality in the Organisation for the management of the tourist area.
(7) the Mayor of the municipality by order approve the rules for organisation and operation of the Advisory Council on the issues of tourism.
Art. 14. (1) The Mayor of the municipality is created municipal Committee of experts on the categorisation of tourist objects of art. 128.
(2) the Chairman of the Al. 1 empowered by the Mayor of the commune official.
(3) in the composition of the OEKKTO include a tie with representatives of local administration, of the one part, and the local, regional and sectoral tourism associations, listed in the national register, a tourist from another country.
(4) the conditions and procedures for the determination of representatives under para. 3 are governed by the rules of procedure under para. 6. (5) the Mayor of the municipality by order determines the size and composition of the Assembly on the proposal of OEKKTO heads of respective associations under para. 3.
(6) the Mayor of the municipality by order approve the rules for organisation and operation of the OEKKTO.
Chapter three
TOUR ZONING
Section I
Tourist areas
Art. 15. (1) the territory of the State shall be divided into separate territories – tourist areas, with the aim of forming a regional tourist products and the implementation of a regional marketing and advertising.
(2) the tourist areas cover the entire territory of the country and are in accordance with the municipal administrative boundaries, the territory of a municipality cannot be split up between the two areas and cannot belong simultaneously to two different tourist area.
(3) the tourist areas have name, logo and slogan.
Art. 16. (1) in the concept of a tour of the country, zoning approved by the Minister of economy, energy and tourism, analysis and proposal for the number, the denomination and the territorial scope of the tourist areas.
(2) Before the establishment of the concept under para. 1 the project is published on the website of the Ministry of economy, energy and tourism to discuss, as the persons concerned shall be granted at least a 14-day deadline for suggestions and opinions on it.
(3) the number, title and the territorial scope of the tourist areas are declared by order of the Minister of economy, energy and tourism, which shall be promulgated in the State Gazette.
(4) the order under paragraph 1. 3 identify and seats of the organizations for the management of tourist areas.
Section II
Management of tourist areas. Scope of activity, the formation and structure of organizations for the management of tourist areas
Art. 17. (1) the tourist area is managed by the Organization for the management of the tourist area (OUTR).
(2) Organizations for the management of tourist areas are voluntary organizations, which, through mutual assistance and cooperation in the interests of its members and the public interest in carrying out activities related to the formation of regional tourist products and the implementation of a regional marketing and advertising of certain territory – tourist area.
(3) in the OUTR can join tourist associations, listed in the national tourism registry, municipal and regional administrations, scientific organizations, institutes and schools in the field of tourism, consumer associations and other institutions and organizations whose registered office or place to carry out the activity in the territory of the tourist area, national, municipal and regional museums, national and natural parks, located in the territory of the region.
(4) organisations for the management of tourist areas are legal entities that are established and registered in accordance with this law.
Art. 18. (1) Organizations for the management of tourist areas are created for the following activities:
1. develop and implement a marketing strategy of the tourist area in accordance with the national marketing strategy;
2. elaboration of the logo and slogan of the tourist area;
3. organizing the conduct of market research and studies of tourist flows in the tourist area and the analyses and forecasts for the tourist development;
4. implementation of brand building activities, public relations and advertising of tourist area;
5. Organization and support the activities of the tourist information centres in the region;
6. develop and implement a strategy for the development of tourism, product strategies and annual plans for the development of tourism in the territory of the tourist area in accordance with the national strategy for the sustainable development of tourism;
7. support the activities of regional governors and mayors of municipalities in the implementation of strategies and programmes for the development of tourism through opinions and suggestions;
8. support the mayors of municipalities in the performance of their duties under this Act;
9. the implementation of projects of the European Union;
10. create and maintain a database of tourism in the region – part of the unified system of tourist information;
11. making the exchange of information, standards and best practices;
12. conduct training activities and improve the quality of tourist services;
13. support the development, implementation and application of voluntary systems for evaluating quality of tourism services and the sustainable development of the tourist area.
(2) Organizations for the management of tourist areas conduct their business in accordance with the national policy in the field of tourism, conducted by the Ministry of economy, energy and tourism.
(3) regional governors and mayors of municipalities shall assist in the performance of the functions in the OUTR.
Art. 19. (1) Organizations for the management of tourist areas may carry out other economic activities and that support, complement or accompany their main business activity.
(2) Organizations for the management of tourist areas may be beneficiaries of the Cohesion Fund and the structural funds of the European Union and programmes at national and European level.
Art. 20. (1) Organizations for the management of tourist areas are supported by the State.
(2) Organizations for the management of tourist areas operate under State supervision. The functions of the supervisory authority shall be made by the Minister of economy, energy and tourism.
Art. 21. (1) Organizations for the management of tourist areas are set up without a time-limit.
(2) in the territory of a tourist region, there can be only one organization for its management.
(3) the Organization for the management of the tourist area must include in its name "tourist area". The right to the designation "tourist area" have only organisations which are established in accordance with this law.
Art. 22. Organization for the management of tourist area shall be established by:
1. tourist associations, listed in the national register travel which have their head office in the territory of the tourist area, and
2. at least four municipalities of the territory of the tourist area.
Art. 23. The Minister of economy, enrgetikata and tourism with a warrant procedure for the formation of OUTR:
1. on the basis of an application from constituent Committee under art. 24, para. (2);
2. through the public announcement by the procedure of art. 25, para. 1.
Art. 24. (1) The Committee shall include representatives of the groups required under art. 22. the members of the founding Committee may authorize a person to represent the constituent Committee under the procedure for the formation of the Association.
(2) in the application for the opening of proceedings shall set out:
1. the objects and purposes of OUTR;
2. the tourist area.
(3) the application shall be signed by all the members of the founding Committee and documents certifying that the members of the founding Committee shall meet the requirements of para. 1. The application shall be accompanied by the name of founder members from each group under art. 22.
(4) at the request of the Minister of economy, tourism and enrgetikata and in a certain period of the Committee may be required to submit additional information and documents in connection with circumstances under para. 2 and 3.
(5) the Minister of economy, enrgetikata and Tourism shall decide on the application of the constituent Committee within 30 days of its receipt.
(6) in the cases referred to in para. the time limit referred to in paragraph 4. 5 runs from the date of removal of the irregularity of the application to the production of additional documents and data requested.
(7) the order of initiation shall be promulgated in the State Gazette, in a central daily paper and in a local newspaper.
(8) the Minister of economy, enrgetikata and tourism may deny opening the procedure for the formation of OUTR where:
1. the objects of the OUTR does not meet the requirements of art. 18;
2. in the Committee participate persons who do not meet the requirements of para. 1;
3. the documents referred to in para. 2 and 3 are incomplete and the particulars and documents referred to in paragraph 1. 4 are not submitted in due time.
(9) the refusal of initiation for the formation of OUTR may be appealed pursuant to the administrative code before the Supreme Administrative Court within 14 days from the notification of the constituent Committee.
Art. 25. (1) where, within the time limit under art. 24, para. 5 do the new application procedure for the detection of the same tourist region, Minister of economy, energy and Tourism agreed with the applicants the opportunity to submit a general application, notify them that in case of absence of consent procedure will be opened by the application with a larger number of founding members, and in the event that their number is equal – on the application with a larger number of municipalities of the territory of the tourist area.
(2) the Minister of economy, energy and tourism requires coordinated contributions from applicants under para. 1 within 14 days of the receipt of the new application. The lack of an opinion within that period shall be considered for ordination without notes.
(3) the conciliation procedure may not be longer than 30 days.
(4) in the cases referred to in para. 1 the term of art. 24, para. 5 runs from the day of conclusion of the procedure under paragraph 1. 3.
Art. 26. (1) The Committee shall:
1. prepare draft statutes of the OUTR and other documents for the constituent Assembly;
2. arrange for the constituent Assembly.
(2) in its work on the preparation of the setting up of the instrument OUTR Committee shall be assisted by the Minister of economy, energy and tourism.
(3) the instrument Committee promulgated in the State Gazette and published in a central daily newspaper and one local newspaper call for formation of OUTR, indicating the date and place of the holding of the constituent Assembly, the agenda with a proposal for the selection of the management and supervisory board as well as the place where projects are set out in the founding documents, and the time during which they are available.
(4) the provision of incorporation shall be carried out no later than one month after publication of the notice under paragraph 1. 3.
(5) the constituent Assembly shall meet no earlier than the expiry of 45 days after the publication of the notice under paragraph 1. 3.
(6) in the constituent Assembly representative of the Minister of economy, energy and tourism.
Art. 27. (1) the constituent Assembly is regularly, if it is presented the founders as listed under art. 24, para. 3.
(2) in the absence of a quorum shall schedule a new session of the Assembly, to be held no earlier than 20 days and no later than 30 days after the date of the first. The date of the new meeting shall be indicated in the invitation under art. 26, al. 3.
(3) in accordance with para. 2 may agree on no more than two meetings of the constituent Assembly. In the event that a second meeting this proportion is not attained, the procedure for the formation of OUTR shall be terminated by order of the Minister of economy, energy and tourism.
Art. 28. (1) the constituent Assembly shall decide on the establishment of OUTR and statutes.
(2) the statutes of OUTR settles the activity and the way of management, the conditions for origination and termination of membership, the rights and obligations of the members, as well as other questions relating to the objects of the organization.
(3) the statutes of each OUTR is published on the website of the organization.
Art. 29. (1) the Organization for the management of the tourist area is considered an from the day of entry into uses for this register kept at the Ministry of economy, energy and tourism. The register is public and is part of the national tourism registry.
(2) the entry of OUTR in the register referred to in para. 1 shall be made by order of the Minister of economy, energy and tourism on the basis of a written application, to which are applied:
1. the minutes of the constituent Assembly;
2. the statutes of OUTR, signed by the founders and approved by the Minister of economy, energy and tourism;
3. notarized specimen signatures of the persons who constitute the entity and a sample of the seal of the Organization;
4. statements by members of the management and of the Supervisory Board, that are not found each other in a marriage or relationship in a straight line without restrictions, collateral – up to the second degree inclusive, and are not related by marriage – up to the second degree inclusive.
(3) in the registry under para. 1 shall be entered the name, seat and address of management of OUTR, subject of the activity, the tourist area, an indication that the organization is established as a legal person under this Act, the management and the manner of its representation.
Art. 30. (1) the Change in the Statute adopted by the General Assembly, shall be approved by the Minister of economy, energy and tourism within 14 days of receipt by the Executive Director.
(2) within 14 days of approval of the change the Minister of economy, energy and tourism or an official authorised by him entered in the register under art. 29, para. 1 the circumstances under art. 29, para. 3, which shall enter into force upon their registration.
Art. 31. Employment, health and social security of workers in OUTR persons are determined in accordance with the legislation in force.
Art. 32. Authorities of OUTR are:
1. the General Assembly;
2. the Governing Board;
3. the Control Committee.
Art. 33. (1) the General Assembly is the Supreme authority and includes all members of OUTR.
(2) the Tourist Association took part in the general meeting by a person entitled to represent it, or explicitly authorized person.
(3) the communities are represented in the General Assembly by the Mayor of the municipality or an official authorised by him.
Art. 34. (1) the general meeting shall:
1. amend and supplement the Statute of the Organization;
2. determine the amount of the membership fees;
3. appoint and dismiss the President and members of the Management Board and two members of the Supervisory Board;
4. adopts the strategic documents of the tourist area, including the marketing strategy of the area;
5. shall adopt an annual plan for the activities of OUTR and report for its implementation;
6. adopts the budget and report on its implementation;
7. make other decisions provided for in the Statute.
(2) participate in the general meeting of representatives of all members. The procedure for the determination of representatives is governed by statute.
(3) each Member shall have one vote in the General Assembly.
Art. 35. (1) the general meeting is the regular and extraordinary. The regular General Assembly is held annually at the registered office of OUTR.
(2) the regular General Assembly shall be convened by the Management Board.
(3) an extraordinary general meeting shall be convened by decision of the Governing Council, or at the written request of one third of the members of the General Assembly.
(4) in the case referred to in para. 3 the Board shall convene an extraordinary general meeting within 14 days of receipt of the request. If the Management Board does not convene an extraordinary general meeting in the said period, it shall be convened by the Supervisory Board.
(5) the invitation for regular or extraordinary general meeting shall contain the agenda, date, time and place of the meeting and on whose initiative it is convened.
(6) Call published on the website of the Organization, at least one month before the scheduled date.
Art. 36. (1) the general meeting shall be legal if more than half of all members. In the absence of a quorum, the meeting shall be postponed for one hour later at the same location and with the same agenda and may be carried out regardless of the number of members present.
(2) the general meeting shall take decisions by a simple majority of the members present, except where to address individual issues in the Statute provides otherwise.
(3) the decisions referred to in art. 34, para. 1, item 1 and 7 are taken by a qualified majority of two-thirds of all the members of the General Assembly.
Art. 37. (1) the Management Board shall be composed of at least five members, including the Chairman and Executive Director, and is elected for a period of three years.
(2) the term of Office of a member of the Management Board shall be terminated ahead of schedule:
1. upon death;
2. by resignation;
3. in the case of de facto inability to perform his duties for more than 6 months;
4. If you do not attend without a good reason in more than two consecutive meetings of the Governing Council;
5. upon cancellation of the organization that represents, from the national tourism registry.
(3) in the case of early termination of the term of Office of a member of the Governing Council in his place General Assembly elects another person of the same quota for a period until the end of the initial term of the article.
Art. 38. (1) the Management Board shall:
1. convene the General Assembly;
2. proposes that the general meeting amendments to the Statute of the Organization;
3. accept and expel members of the Organization;
4. approve the logo and slogan of the tourist area;
5. appoint and dismiss the Executive Director shall determine the amount of his remuneration;
6. organize activities and approve the organisational structure of the Organization;
7. propose to the General Assembly for adoption the strategic documents of the tourist area;
8. proposes to the General Assembly for adopting the annual plan for the activities of the Organization, as well as the report on its implementation;
9. proposes to the Assembly to adopt the draft budget and report on its implementation;
10. adopts decisions for disposal of assets of the Organization in accordance with the requirements of the Statute;
11. adopts decisions for participation and termination of participation in other organizations;
12. elect the representative of the Organization at the National Council of tourism;
13. perform other functions provided for in the statute or by decision of the General Assembly.
(2) the procedure for the convening and the rules of operation and decision making by the Board of Directors shall be determined in the Statute.
Art. 39. the Chairman of the Management Board:
1. represents the OUTR;
2. organize the implementation of decisions of the General Assembly and of the Board;
3. convene and preside over meetings of the Board and provides their daily line;
4. conclude agreement with the Executive Director;
5. define the Member of the Management Board, who in his absence to preside over meetings of the Council;
6. decide and other matters provided for in the Statute.
Art. 40. the Executive Director shall:
1. organizes, manages and directs the ongoing activities of the Organization in accordance with the decisions of the general meeting, the Management Board and the Statute;
2. organizes and carries out liaison with the Ministry of economy, energy and tourism and with other authorities and organisations;
3. prepares monthly and annual summaries, statements, reports and information on matters within the competence of the Organization;
4. dispose of the movable property of the Organization;
5. conclude and terminate employment contracts with the employees;
6. shall prepare and submit to the Governing Council documents under art. 38, para. 1, item 5 – 9;
7. shall report on the implementation of the budget to the Governing Board after consultation of the Control Board;
8. decide and other matters provided for in the Statute.
Art. 41. (1) the Control Board's authority for the control of the financial activities of OUTR.
(2) the Control Board consists of three members. The members of the Supervisory Board may not be members of the management board or employees of the organization.
(3) the members of the Supervisory Board are:
1. two representatives elected by the General Assembly;
2. a representative of the Ministry of economy, energy and tourism, appointed by the Minister of economy, energy and tourism.
Art. 42. (1) the Control Board:
1. monitor the implementation of the budget;
2. ensure the legality of the expenditures and upon finding infringements shall notify the Board and the Minister of economy, energy and tourism;
3. check the operation of the Board and report the results to the General Assembly;
4. give an opinion on the budget and the report on its implementation;
5. convene the general meeting in the cases under art. 35, para. 4, second sentence;
6. decide and other matters provided for in the Statute.
(2) the procedure for convening, quorum and decision-making by the Supervisory Board are governed by the Statute.
Section III
Budget
Art. 43. (1) the budget revenue of OUTR are formed by:
1. membership fees;
2. income from business activities and the provision of paid services;
3. means of participation in European, international and other donor programmes;
4. donations from individuals and legal entities;
5. other sources.
(2) Organizations for the management of tourist areas can be supported financially by the budget of the Ministry of economy, energy and tourism under conditions and by an order determined by the Minister of economy, energy and tourism.
Section IV
Termination and liquidation of OUTR
Art. 44. (1) the Organization for the management of the tourist area may be terminated by decision of the Assembly taken by a two-thirds majority of the votes of all members.
(2) the general meeting shall be convened at the request of at least two-fifths of its members within one month of receipt. In the omission of the Governing Council may refer the request to the supervisory authority, which will convene the General Assembly authorizes him or members to convene.
(3) the Organization for the management of the tourist area may be terminated by order of the Minister of economy, energy and tourism, where:
1. carry out an activity which is contrary to law, or
2. do not carry on business for more than a year.
(4) the order under paragraph 1. 3 is issued officially by the Minister of economy, energy and tourism or at the request of any interested person.
Art. 45. (1) Simultaneously with the adoption of the decision to terminate the OUTR General Assembly appoints one or more liquidators. If no liquidator is appointed by the General Assembly, he shall be appointed by the Minister of economy, energy and tourism.
(2) Liquidators must be approved by the supervisory authority and listed on the national register travel at the same time as the decision to terminate the OUTR.
(3) the property of OUTR that remains after the satisfaction of creditors shall be allocated by decision of the general meeting taken by a simple majority, as far as in this act otherwise provided. If the decision was not taken until terminated, it shall be decided by the liquidator.
(4) the liquidators are required to complete ongoing transactions of OUTR and to take the necessary factual and legal action for carrying out the liquidation and for the deletion of the registry by the national tourist OUTR.
(5) for outstanding cases respectively, shall apply the provisions of the law of non-profit legal entities.
Section V
Control
Art. 46. the Minister of economy, energy and tourism exercise control over the activities of OUTR, such as:
1. the exemption provided for in law assistance in formation of OUTR;
2. Approves the Statute of OUTR, respectively, of the changes in it;
3. require oral or written reports, transcripts and other documents related to the activities of OUTR;
4. arrange on-the-spot checks;
5. appoint if necessary audit control for an annual review of accounting documents of OUTR;
6. orders of the Board to convene a general meeting, if the action of OUTR are contrary to the law;
7. convene the General Assembly in the event that the Board fails to fulfil the mandate referred to in paragraph 6;
8. disclose to the General Assembly the results of the inspections and financial audits;
9. remove the members of the Management Board in the proven fault of their powers and shall convene a general meeting for the election of a new Board of Directors;
10. carry out other actions laid down in this law.
Chapter four
TOURIST ASSOCIATIONS
Art. 47. (1) the tourist associations within the meaning of this law shall be set up, register, manage, transform and terminated in accordance with the law of non-profit legal entities.
(2) the tourist associations entered in the provided register kept at the Ministry of economy, energy and tourism. The register is public and is part of the national tourism registry.
(3) the objects of the tourist associations include activities to coordinate actions in the formation and marketing of the tourism product and information services to tourists, the development and implementation of initiatives and projects in the field of tourism, activities for the protection of the interests and representation of members in cases provided for in this law, as well as other activities for the development of tourism.
Art. 48. The tourist associations can be:
1. regional or local;
2. branch;
3. product;
4. Professional.
Art. 49. The tourist associations can join OUTR, on whose territory their headquarters.
Art. 50. The tourist associations in accordance with its Statute:
1. represent and defend the interests of its members before the relevant government bodies and territorial bodies of the Executive power and OUTR;
2. participate in the working groups of the Ministry of economy, energy and tourism in the development of normative acts in the field of tourism;
3. prepare analyses, expert opinions and other and participate in the development of strategies and programmes for the development of tourism on a national scale, in the territory of the region or of the municipality and facilitate their implementation;
4. maintain a database of members of the Association;
5. assist its members to develop their business through the rendering of services, create business relationships, opportunities, promotion of their products, services, etc.;
6. raise and provide information to its members to support their activities;
7. assist in the Organization and implementation of vocational training, retraining and qualification of its members and in the tourist sector;
8. support for voluntary settlement of disputes between members;
9. assist in the marketing and promotion of the tourist product of the territory concerned;
10. assist in the establishment and operation of tourist information centres or established ones;
11. representatives may participate in the OEKKTO, and in advisory boards, the OSQ for tourism development to the mayors of the municipalities;
12. develop ethical codes governing professional ethics in tourism and the prevention of unfair competition between and in respect of its members;
13. shall inform the competent authorities about breaches of the laws and ethics;
14. cooperate with similar organizations in the country and abroad and participate in the activities of European and other international bodies and organizations;
15. participate in regional, national and international projects and programmes;
16. carry out other activities which are regulated in the Statute and not contrary to the law.
Art. 51. (1) the public authorities and the territorial bodies of the Executive power assist of tourist associations for the realization of their objectives.
(2) municipalities may belong to a tourist associations following a decision by the Municipal Council.
Art. 52. (1) the registration of associations in the national tourism registry shall be carried out on the basis of an application form submitted to the Ministry of economy, energy and tourism by the person entitled to represent the Association or by his authorized representative, shall apply to the following documents:
1. a transcript of the judgment for registration;
2. copy of certificate of good standing issued by the court registry;
3. a copy of the bylaws of the Association, endorsed with the signature and stamp of the Member representing the Association.
4. a list of the members of the Association – collective and/or individual with information about the membership fees paid for the previous year, if applicable, certified with the signature and stamp of the Member representing the Association.
5. explicit proxy in the original, where the application is lodged by the authorized representative.
(2) the model of the application referred to in paragraph 1. 1 and the certificate referred to in para. 3 shall be authorised by the Minister of economy, energy and tourism.
(3) the Minister of economy, energy and tourism or an official authorised by him within 14 days of receipt of the application and the documents referred to in para. 1 recorded at the National Tourist Association register and issue a certificate for the scheduled circumstances.
(4) in the case of recorded incompleteness and/or irregularity of the documents submitted under paragraph 1. 1 the applicant is determined a 14-day deadline for their removal. The period referred to in para. 3 shall be suspended until the date of the removal of incompleteness, irregularity, respectively.
(5) in the event that, within the period under paragraph 1. 4 the applicant does not remedy the irregularity, or incompleteness of the documents and, in the cases under art. 53, para. 3 Minister of economy, energy and tourism or empowered by him face refused entry in National Register travel. In the absence of refusal after expiry of the period referred to in paragraph 1. 3 or 4 or art. 53, para. 3 the applicant is entered in the national register travel and issued a certificate for the scheduled circumstances.
(6) not later than 31 May predstavlâvaŝiât the Association or authorized person submitted to the Ministry of economy, energy and tourism official declaration in a form approved by order of the Minister of economy, energy and tourism, containing a list of the actual number of members of them paid membership dues for the previous year of the Association and evidence of regular organizational life in accordance with the statutes of the Association.
Art. 53. (1) the Minister of economy, energy and tourism or authorised by him with a warrant officer deleted from the National Tourist Association tourist directory and invalidates the issued certificate when: 1. submission within the declaration under art. 52, para. 6 and/or non-submission of proof of regular organizational life of the Association;
2. change of the basic subject of activity of the Association outside the scope of art. 47, para. 3;
3. termination of the activities of the Association;
4. a written application of the person representing the Tourist Association.
(2) the order under paragraph 1. 1, paragraphs 1 and 2 shall be subject to appeal under the administrative code.
(3) new entry on the register removed from National Tourist Association tourist be allowed after expiry of one year from the date of entry into force of the order for its deletion.
Art. 54. (1) the Branch tourist associations can be created in the following sectors: 1. "hotels and restaurants";
2. "tour operator and travel agency activity".
(2) the name of the branšovoto Tourist Association must contain a clear indication that represents a group of individuals of branch principle, as well as not to mislead and is without prejudice to good morals.
Art. 55. (1) the Branch Tourist Association in the sector "hotels and restaurants" may establish a persons operating in categorized under this Act tourist objects of art. 3, al. 2, item 1 – 3.
(2) the Branch Tourist Association in the tour operator and travel agency activity "may establish a persons registered under this Act to carry out the tour operator and/or travel agency activity.
Art. 56. in the development of draft regulations relating to the administrative regulation and administrative control of tourism activities, the competent governmental authorities shall require the opinions of relevant sectoral tourist associations. In the event that within 14 days of receipt of the request did not opinion, it is believed that branšovoto Tourist Association no notes on the project.
Chapter five
TOURIST INFORMATION CENTRES. NATIONAL NETWORK OF TOURIST INFORMATION CENTRES
Art. 57. (1) the tourist information centre is called the place where business is carried on under para. 2. (2) the tourist information centers are created for the purpose of information service for tourists, advertising and promotion of tourism in the territory concerned.
Art. 58. (1) the tourist information centers are connected to the national network, functioning on the basis of uniform standards.
(2) the inclusion of the tourist information centres in the national network referred to in paragraph 1. 1 is voluntary and carried out under the conditions and by the order of the Ordinance under para. 4, regardless of the legal status and form of the persons carrying out the activities under art. 57, al. 2 in the tourist information centres.
(3) the Only centers that are part of a national network in al. 1, can be termed as "tourist information centre".
(4) Uniform standards under para. 1 and the organisation of the activities of the national network shall be determined by an Ordinance of the Minister of economy, energy and tourism.
(5) information about the tourist information centres, listed in the national network, shall be published in the provided register kept at the Ministry of economy, energy and tourism. The register is public and is part of the national tourism registry.
Chapter six
FINANCIAL SUPPORT FOR THE DEVELOPMENT OF TOURISM
Art. 59. (1) the State supports financially sustainable tourism development by providing funds for:
1. national tourism marketing and advertising;
2. the single system of tourist information;
3. the OUTR;
4. research and analysis of the tourist development;
5. strategic and product planning of tourism at the national level;
6. quality control of tourism activities and services;
7. participation in projects of international programs;
8. building and maintaining infrastructure, catering to tourism – State property;
9. improving energy efficiency and introducing environmentally friendly technologies in the field of tourism;
10. construction and maintenance of tourist attractions, cultural values based on the law on cultural heritage, cultural institutes of the law for the protection and development of culture, the protected areas under the law for protected areas.
(2) The budget of the Ministry of economy, energy and tourism are administered the following income:
1. subsidy from the State budget, determined by the law on State budget for the relevant year;
2. the registration fees of the tourist activities, categorisation and certification of tourist sites;
3. income from fines and financial penalties imposed under this Act, with the exception of revenues from fines and financial penalties imposed by the mayors of municipalities;
4. interest rates;
5. the resources of the international programmes and agreements;
6. donations and grants;
7. other sources, as defined by law.
(3) the resources of the Al. 1, item 10 shall be targeted annually in the budget of the Ministry of culture and in the budgets of municipalities for managed cultural values and cultural institutes.
Art. 60. (1) the funds for the development of tourism in the municipalities are recruited from:
1. the funds made available for the implementation of targeted programmes and projects;
2. the funds collected from the tourist tax;
3. donations and grants, funds for international programs and agreements where they is not provided for in the State budget.
(2) the resources of the Al. 1, item 2 shall be expended only for the activities under art. 11, para. 2.
Chapter seven
TOUR OPERATOR AND TRAVEL AGENCY ACTIVITIES
Section I
Terms and conditions for carrying out of tour operator and travel agency activities
Art. 61. (1) the tour travel agency activities subject to control by the State to protect and guarantee the security and the rights of consumers of travel services, as well as to prevent the emergence of a threat of damage to the State and public interests in tourism.
(2) the tour operator and/or travel agency activity on the territory of the Republic of Bulgaria is carried out by a person, registered under this law, except in the cases under art. 62:
1. is a merchant within the meaning of the commercial code or legal person who is entitled under another law to carry on business, including under the legislation of another Member State of the European Union, and is not in liquidation or bankruptcy proceedings, or
2. e a person who has the right to perform such an activity under the legislation of another Member State of the European Union, and
3. are there premises for carrying out the activity, staff with the required education and language skills, as for managerial staff and work experience is required;
4. have a valid insurance covering his liability for damage caused as a result of nerazplaŝane with its counterparties, including insolvency and bankruptcy.
(3) registration of persons under para. 2 shall be carried out by the Minister of economy, energy and tourism or from empowered by it official by an entry in the register of tour and travel agents – part of a National Tourism registry. The register shall be public.
(4) The data entered in the register referred to in para. 3 persons the Minister of economy, energy and tourism or an official authorised by him shall issue a certificate of registration.
(5) a certificate of registration under subsection. 4 shall be issued for the following activities:
1. tour operator activity;
2. tourist agency activities;
3. the tour operator and travel agency activities.
Art. 62. (1) in the case of freedom to provide services in the territory of the Republic of Bulgaria by a tour operator or travel agent in advance, it shall notify the Minister of economy, energy and tourism in accordance with this section.
(2) when the free provision of services under para. 1 shall be carried out for the first time on the territory of the Republic of Bulgaria, the notification must be made within three months before the provision of the services.
(3) information on the persons referred to in para. 1 and for the duration of the provision of the services shall be published in the register under art. 61, para. 3.
Art. 63. (1) for entry in the register of tour and travel agents the persons under art. 61, para. 2 paragraph 1 shall submit an application form to the Minister of economy, energy and tourism, to which apply:
1. a declaration in a form for the registration in the commercial register, indicating the UIC or a copy of a document certifying that the applicant has the right to conduct business under a special law, including under the legislation of another Member State of the European Union;
2. a statement that the sole trader is not placed under interdiction;
3. the report on the pattern of the number, location, suitability and equipment of premises for carrying out the tour operator and/or travel agency activities;
4. a copy of the Act of ownership of the premises to carry out the activity or a copy of the lease agreement, or by another document from which the applicant derives the right to use the premises to carry out the activity;
5. report on the model of education, language training and placement of staff who will be involved in the implementation of the tourism activity;
6. a copy of the documents certifying completed education, experience and language qualifications of the person performing the functions of management and/or tour travel agency activities;
7. a copy of the preliminary contract for insurance under art. 97, para. 1;
8. Declaration by the applicant that is not a related party with dealer whose registration for the carrying out of tour operator and/or travel agency activity is cancelled, or that he was a trader, declared bankrupt, or is refused registration within the time limit under art. 66, para. 4, item 1 and 2;
9. explicit proxy in the original, where the application is lodged by the authorized representative;
10. a document for paid fee for the examination of the documents referred to in the tariff referred to in art. 69, para. 3.
(2) for entry in the register of tour and travel agents the persons under art. 61, para. 2, item 2 shall submit an application form to the Minister of economy, energy and tourism, to which apply:
1. a copy of the document certifying the right of the applicant to carry out the tourist activity under the legislation of the State in which it is established, or the citation of the legislation and the relevant legal basis, under which the applicant has the right to conduct business;
2. copy of certificate or other evidence of credit or insurance institution, which guarantees the applicant's liability for damage caused as a result of nerazplaŝane with its counterparties, including insolvency and bankruptcy;
3. the documents referred to in para. 1, item 3 – 5, 9 and 10.
(3) where the person referred to in art. 61, para. 2 wishes to place tour operator and/or travel agency activity only electronically, it applied under paragraph 1. 1, to which apply:
1. the documents referred to in para. 1, item 1, 2, 5-10;
2. the document certifying the ownership of the Internet address in the domain;
3. a declaration in a form that the applicant will only conduct business electronically.
(4) paragraph 3 shall also apply to the operators of the websites to block shopping when carrying out tourist agency activity.
(5) the applications referred to in paragraph 1. 1, 2 and 3 and the annexes thereto shall be submitted in the Bulgarian language.
(6) the documents referred to in para. 5 can be presented in any of the official languages of the European Union, accompanied by an official translation into Bulgarian language. In the event of a conflict between the document text and the translation of the Bulgarian language shall prevail translation of the Bulgarian language.
(7) in the event that a registered tour operator wishes to operate a tourist agency activity, he shall submit the application referred to in paragraph 1. 1 apply to the documents referred to in para. 1, item 3 – 6, 9 and 10. For the examination of documents and registration of additional registration as a travel agent fees shall be paid according to the tariff referred to in art. 69, para. 3.
(8) in the event that a registered travel agent wishes to perform rent, he shall submit the application referred to in paragraph 1. 1 apply to the documents referred to in para. 1.7, 9 and 10. For the examination of documents and registration of additional registration fees are paid as a tour operator in accordance with the tariff referred to in art. 69, para. 3.
Art. 64. Requirements for the location, suitability and equipment of premises for carrying out the tour operator and/or travel agency activities and education, language training and placement of staff who will be involved in the implementation of the tourism activity shall be determined by an Ordinance of the Minister of economy, energy and tourism.
Art. 65. (1) the persons under art. 62, para. 1 notify in advance by written declaration, the Minister of economy, energy and tourism for the type and duration of the tourist activity.
(2) the Declaration referred to in paragraph 1. 1 is valid for the duration of the free provision of services.
(3) the Declaration referred to in paragraph 1. 1 the persons under art. 62, para. 1 State:
1. name and contact details (address, phone number, e-mail address);
2. tourist facilities that wish to provide on the territory of the Republic of Bulgaria;
3. information on the availability of insurance or guarantee covering the liability of the tour operator for damage caused as a result of nerazplaŝane with its counterparties, including insolvency and bankruptcy.
(4) the Declaration referred to in paragraph 1. 1 apply a copy of the document certifying the right of the applicant to carry out the tourist activity under the legislation of the State in which it is established, or shall state the legal basis and relevant legal act by virtue of which the applicant is entitled to carry out the activity.
(5) in the event that there is no information under para. 3 or document under para. 4 the person is notified in writing of the removal of incompleteness, not later than one month from the date of receipt of the notification under paragraph 1. 1. To remove the incomplete and notification of the authority under para. 1 person free to provide services in the territory of the Republic of Bulgaria.
Art. 66. (1) the Expert Committee on registration of tour operators and travel agents shall examine applications under art. 63 with attached documents within two months from the date of their receipt and rule on them with a reasoned proposal to the Minister of economy, energy and tourism or the official authorised by him to perform the registration, or to refuse to perform the registration.
(2) in the case of incomplete and/or irregularity of the documents submitted under paragraph 1. 1 EKRTTA within 10 working days of the date of the meeting shall notify the applicant in writing and shall set a 14-day deadline for their removal. The period referred to in para. 1 shall be suspended until the date of the removal of incomplete and/or irregularity.
(3) the Minister of economy, energy and tourism or an official authorised by him on the basis of the proposal of EKRTTA register and issue a certificate of registration.
(4) the Minister of economy, energy and tourism or authorised by him with a warrant officer denied making the registration in the following cases:
1. the application for a certificate of registration is made before the expiration of one year from the refusal to issue a registration certificate to carry out the tour operator and/or travel agency activity, unless the order has been canceled for the refusal by the Court as unlawful;
2. the application for a certificate of registration is made before the expiry of a period of three years from the order for cancellation of the certificate of registration by the procedure of art. 70, para. 2 and 3, except if the order for the deletion was canceled by the Court as unlawful;
3. the application for a certificate of registration is made by related party with the applicants referred to in paragraph 1 and 2;
4. in neotstranâvane of the blanks and/or irregularities within the prescribed period from receipt of the notification under paragraph 1. 2.
(5) the order for refusing to perform a registration subject to appeal pursuant to the administrative code.
(6) in the absence of a reasoned refusal to carry out the registration after the expiry of the period referred to in paragraph 1. 1 Minister of economy, energy and tourism or authorised by him carried out official entry in the register and issue a certificate of registration.
Art. 67. The certificate of registration shall be served on the applicant or his authorised representative in the provision of the following documents:
1. a copy of the contract for insurance under art. 97, para. 1 – for travel agents;
2. a document for paid fee for entry in the register pursuant to the tariff referred to in art. 69, para. 3;
3. explicit proxy, in the event that the certificate shall be served on the Commissioner.
Art. 68. (1) the registration is indefinite.
(2) the rights referred to in the registration may not be transferred or sold, except in the cases referred to in paragraph 1. 3.
(3) the rights referred to in the registration can be transferred or ceded, when the registered person has itself through acquisition, merger, Division, separation, change of legal form of company transfer or inheritance, if the person you devolve or transfer rights, fulfil the conditions for entry in the register.
(4) the procedure for recording of the change in circumstances in the cases referred to in para. 3 found in the sample application, which shall be submitted within 14 days of the occurrence of the change to the Minister of economy, energy and tourism or the official authorised by him, to which are applied:
1. a contract for the conversion or conversion plan, according to a contract for the transfer of an undertaking or certificate of heirs, from which it is apparent to the consent to the transfer or assignment of rights by registration or taking them;
2. the report on the pattern of the location, suitability and equipment of premises for the exercise of a tour operator or a travel agency business;
3. the report on the pattern of education, language training and placement for staff who will be involved in the implementation of the tourism activity;
4. a copy of the documents certifying completed education, experience and language qualifications of the person performing the functions of management of tour operator or travel agency activities;
5. a statement by the applicant that is not a related party with dealer whose registration for the carrying out of tour operator and/or travel agency activity is cancelled or refused registration within the time limit under art. 66, para. 4, item 1 and 2;
6. a copy of the contract for insurance under art. 97, para. 1 the name of the applicant – for travel agents;
7. General conditions for carrying out the activity in accordance with the requirements of the law;
8. document of fee paid under the tariff referred to in art. 69, para. 3.
(5) in the event of a change in the circumstances under art. 63 the person shall within 14 days of the change occurring to State for entry in the register under art. 61, para. 3 and in the issued his certificate if necessary. To amend and/or supplement the certificate and an entry in the register shall submit an application to the Minister of economy, energy and tourism and documents certifying the change.
(6) in the case of incompleteness of the documents referred to in para. 5 within 14 days of receipt, the Minister of economy, energy and tourism or an official authorised by him in writing notify the person to remedy the limitations within 7 days.
(7) having determined that the application under art. 5 is regularly, the Minister of economy, energy and tourism or an official authorised by him entered in the register person under art. 61, para. 3 and, if necessary, issue a new certificate of registration.
(8) in the neotstranâvane of limitations period under para. 6 Minister of economy, energy and tourism or an official authorised by him refusing to reflect the change. Refusal shall be subject to a right of appeal pursuant to the administrative code.
Art. 69. (1) the certificate of registration shall be placed in a conspicuous place at the tourist facility, according to the website of the person referred to in art. 63, para. 3 and 4.
(2) where a registered person conducted tour operator and/or travel agency activity in more than one room, in a conspicuous place in each of the sites placed a certified copy of the certificate of registration by the Minister of economy, energy and tourism or the official authorised by him.
(3) for the examination of documents, entry in the register of tour and travel agents, and to supplement and/or modification in the registration fees are collected at the tariff approved by the Council of Ministers, on a proposal from the Minister of economy, energy and tourism.
Art. 70. (1) the Minister of economy, energy and tourism or an official authorised by him with an order terminating the registration:
1. at the written request of the registered person;
2. upon the death of the natural person – sole proprietor, at the request of his heirs;
3. upon termination of the legal person;
4. where the activities of the sole trader or legal entity – in his application;
5. when placing a physical entity – sole proprietor, under an injunction – on application by the guardian or curator.
(2) on the reasoned proposal of the EKRTTA Minister of economy, energy and tourism or authorised by him with a warrant officer deleted the registration if the registered person:
1. presented false information or false documents, which served as the basis for performing registration or registration of changes into it;
2. the applicant has not, within the time limit under art. 68, para. (4);
3. is in bankruptcy or winding-up proceedings;
4. has not received the certificate of registration within two months of notification;
5. in the implementation of its activities has issued a document which contains incorrect particulars, where this has been established by a court order;
6. carry out activities without valid insurance under art. 97, para. 1;
7. has committed repeated violation of the requirements of this law and of the Ordinance under art. 79, para. 5;
8. does not comply with the compulsory administrative measure him – temporary closure of tourist facility;
9. has committed repeated infringements of the provisions of art. 4 of the law on electronic commerce, if applicable;
10. has committed systematic violations of the code of conduct and received a reasoned proposal of the Tourist Association Branch.
(3) the order under paragraph 1. Specifies a period not exceeding two years in which the person cannot apply for registration for the same activity.
(4) Orders under para. 2 subject to appeal pursuant to the administrative code. Orders under para. 2 subject to immediate execution. The appeal of the order does not stop its execution, unless the court orders otherwise.
(5) upon termination or cancellation of the registration the Minister of economy, energy and tourism or an official authorised by him shall undertake the respective actions for the public disclosure of termination or cancellation.
(6) within 7 days of receipt of the order referred to in paragraph 1. 1 or 2, the person concerned shall be obliged to forward to the Ministry of economy, energy and tourism, the original of the certificate and the certified true copies, if any.
Art. 71. In carrying out the tour operator and/or travel agency tour operator activity and/or the travel agent contract with:
1. individuals certified to carry out the right tour operator and/or travel agency activity in the relevant national legislation;
2. persons engaged in hotel and restaurant management in a categorized tourist facilities meeting the requirements of the relevant national legislation;
3. persons providing tourist services in certified under this Act tourist sites;
4. licensed insurers;
5. licensed carriers in the relevant national legislation;
6. guides, mountain guides, ski teachers and others offering additional travel services, authenticate your right to engage in the type of activity.
Art. 72. (1) the Operator offers to the tourist a compulsory conclusion of insurance medical expenses for sickness and accident to the tourist "in the name and on behalf of a licensed insurer when travelling outside the country.
(2) Insurance under para. 1 shall not conclude when the tourist to the tour operator a valid policy concluded long-term insurance medical expenses for sickness and accident to the tourist, whose period of validity period of the contract and covers for that particular trip.
(3) in the cases referred to in para. 2 the tour operator shall apply a copy of the insurance policy to the Treaty under art. 82, para. 1.
Art. 73. (1) the travel voucher is issued for internal, inbound and outbound tourism only by a registered tour operator.
(2) the tourist voucher issued to tourists when it provides basic and/or additional tourist service or after conclusion of the contract under art. 82, para. 1.
(3) the travel voucher is issued in three copies, except when it is in electronic form.
(4) for nationals of third countries subject to the visa regime of the Republic of Bulgaria, the tourist voucher and must be issued in paper form with the signature and stamp of the issuer.
(5) the tourist voucher contains the following mandatory particulars:
1. number and date of issuance of the voucher;
2. company of tour operator – Publisher of the voucher;
3. reference number of the certificate of registration of the tour operator;
4. the number of the certificate of registration for a travel agency business, representing the tour operator, with the exception of the cases when the voucher is issued directly by the tour operator;
5. names of tourists;
6. the prepaid basic and/or additional service or a list of prepaid services, included in the organized tour trip with total price;
7. the date for execution of the service or the dates of performance of the first and last service included in the organized tour trip with total price;
8. counterparties in performance of the service;
9. terms and method of payment;
10. the name and signature of the employee and print Publisher – does not apply for travel vouchers issued electronically, in which case only the name is displayed on the employee.
Art. 74. (1) the travel voucher may be provided to the tourist and travel agent only on behalf and for the account of a registered tour operator.
(2) the travel agent does not have the right to issue its own travel voucher.
Art. 75. (1) the tourist voucher can be issued as an electronic document, within the meaning of the electronic document and electronic signature law.
(2) the electronic travel voucher contains the statutory requisites under art. 73, para. 5.
(3) On receipt of the electronic travel voucher tourist or travel agent is necessary to confirm its receipt by return message with a notification of the receipt of the electronic message with an attached voucher in his email inbox.
(4) in the case of online booking electronic travel voucher is issued automatically by the tour operator reservation system after successful acceptance of the conditions of the tour operator for specific offer and shall be sent to the e-mail address indicated by the customer.
(5) in order to have guaranteed the authenticity of the origin and integrity of the content of the electronic travel voucher, the tour operator – Publisher of the voucher, it creates the file against changes.
Art. 76. (1) For a travel service that is not part of an organized tour trip with a total price, the travel agent shall issue a reservation form. The form shall be issued after the conclusion of the contract between the travel agent and the supplier of the travel service.
(2) the booking form in triplicate is issued, except when it is in the form of an electronic document.
(3) the booking form shall contain the following compulsory particulars:
1. number and date of issue;
2. the company and the number of the certificate of registration of a travel agent;
3. the names of the tourists;
4. type of main or additional travel service;
5. the date for execution of the service;
6. the name and signature of the employee and print Publisher – does not apply to the electronic reservation forms, in which case only the name is displayed on the employee.
(4) the requirements under art. 75 shall apply for the issue of an electronic reservation form.
Art. 77. (1) in the tourist facilities for carrying out the tour operator and/or travel agency activity is carried out activities directly or indirectly related to the provision of basic and additional travel services.
(2) in tourist facilities – real cultural values, tour operator and/or travel agency activity is carried out in compliance with the requirements of the law on cultural heritage.
Art. 78. The tour operator and/or travel agency activity electronically, the website must contain the information referred to in art. 4 of the law on electronic commerce.
Section II
Organized group and individual travel with total price
Art. 79. (1) this section governs the conditions and procedures for the conduct of organized group and individual travel to the total price.
(2) for the purposes of this section:
1. the tour operator is a person who professionally organises, sells or offers for sale, directly or through a travel agent on an end user organized group and individual travel with total price;
2. travel agent is a person who sells or offers for sale organized group and individual tours with a total price on behalf of the tour operator.
(3) the Organized tourist trips with the total price, including for children and students, are formed only by a tour operator and are offered for sale directly by him and/or through travel agents.
(4) the organized in the public education system and school children travel with the total price shall be carried out on the basis of a contract between the travel agent and the Director of the kindergarten, school or service unit within the meaning of the Education Act. The contract is concluded after approval by the head of the regional Inspectorate of education.
(5) the conditions and procedures for the operation of children's and school travel with total price, initiated by the kindergartens, schools or auxiliary units in the system of education shall be determined by an Ordinance adopted by the Council of Ministers, on a joint proposal from the Minister of economy, energy and tourism and the Minister of education, youth and science.
Art. 80. (1) the tour operator either directly or through a travel agent provides the user with information in writing or provided through a brochure or published on the website of the tour operator and/or travel agent, which must contain: 1. the price and method of payment referred to in Bulgarian levs;
2. start and end dates of the trip;
3. the initial, final destination and itinerary of the trip;
4. the number of accommodation included in the tour travel;
5. accommodation, its location, category or degree of comfort and its main features – for every night, if there is a difference in the category of accommodation; where the accommodation is situated within the territory of another Member State of the European Union, the information should include the relevant tourist classification according to the rules in the host country;
6. the meals included in the tour travel;
7. minimum number of participants, where such is required for making the trip, and the deadline for the notification to the user when this number is dialled;
8. General information on passport and visa requirements, and information about medical and health conditions related to the trip;
9. the name of the insurance company with which the contract is concluded for insurance medical expenses for sickness and accident to the tourist "under art. 72, para. 1;
10. type of transport used;
11. the amount of the monetary amount or the percentage of the price which must be translated into an account and the time limit for payment of the balance;
12. not included in the fees, taxes and other costs, which are subject to coverage by the user of the site;
13. the name of the insurance company with which the contract is concluded for insurance under art. 97, para. 1;
14. the possibility of concluding an insurance contract to cover additional costs in case of cancellation of a trip by the user and the cost of assistance, including repatriation, and in the case of an accident, illness or death.
(2) the information provided by the tour operator either directly or through a travel agent information under para. 1 must be clear, accurate, complete, legible written and must not mislead the consumer.
(3) the travel agent is bound by the contents of the information referred to in para. 1 and cannot change it, except in cases where:
1. it is expressly provided for the possibility of making changes to it, and the user has been advised in writing about them before the conclusion of the contract;
2. changes have been made in the written agreement between the parties.
(4) the tour operator either directly or through a travel agent is required to provide before the conclusion of the contract the consumer in writing or in some other appropriate manner information on passport and visa rules and time-limits for the receipt of the necessary documents, as well as information on medical and health conditions related to the trip and stay.
Art. 81. (1) the tour operator either directly or via the travel agent must provide in writing to the user all terms of the contract before its conclusion.
(2) the written form shall be deemed to be observed if the information is published on the website of the tour operator and/or travel agent and tour operator and/or travel agent has given notice to the consumer that the information is posted on the website or sent by electronic means to the user designated by him to his e-mail address.
(3) the obligation to provide information under para. 1 and under art. 86, para. 1 shall not apply to the making of reservations and the conclusion of a contract for an organized trip at the last minute.
Art. 82. (1) the organized travel tour operator is obliged to provide travel with total cost of user against payment of a price.
(2) the Treaty on an organized trip shall be concluded in writing and a copy shall be provided to the user.
(3) the contract should contain:
1. date and place of conclusion;
2. the company registered office, address, VAT registration number, the tour operator and/or travel agent, and the name, address and personal data from the user's document;
3. the type of the transport – air, land, water, indicating the type of means of transport-aircraft-Charter or regular, bus, ship name, nationality, identity and class, modal, and other vessel;
4. route of travel, starting point, time and place of departure, expected time of arrival at their final destination, time and gathering place for departure from their final destination, estimated time of arrival, length of stay;
5. location and type of accommodation, when the price of the trip are included and the ticket prices for their visit;
6. the location, type and category of accommodation and number of nights when the trip involves overnight;
7. type and category of catering and entertainment, number and type of meals, included in the tour travel;
8. visits, trips, transfers and other services included in the total price;
9. Special requirements of the user, brought by him before the conclusion of the contract, which was agreed by the parties to the contract;
10. the total cost, in dollars, of all services included in the contract, other payments not included in the price, time and manner of payment;
11. the ability to change the price, terms and manner in which it shall be recalculated in the cases under art. 88, para. 1;
12. the deadline in which the user is entitled to withdraw from the contract without penalty and compensation, as well as the time-limit within which the user must inform the tour operator or the tourist agent, assignable to a third party its journey;
13. the amount of the penalty, which the user due to the tour operator in case of refusal of the Treaty after the time limit referred to in item 12;
14. minimum number of participants, if such is necessary for making the trip, and the deadline for the notification to the user when this number is dialed and the trip could be cancelled;
15. requirements for the form and time limits, the ways in which the user has the right to bring a claim in the case of non-performance or improper performance of the contract;
16. trade name and address of the insurer, with the tour operator who has concluded the insurance contract under art. 97, para. 1.
(4) the written form shall be deemed to be observed and when the contract was concluded by sending a signed copy of the parties by e-mail in the appropriate format, establishing its proper signature or signed by electronic means, if the parties to the Treaty have a digital signature.
(5) the contract for an organized trip can be made in electronic form in the case of a proposal, posted on the website of a tour operator or travel agent, by placing a marker in the box "I accept the terms and conditions and the content of the Treaty for an organized trip" and in compliance with the relevant requirements of the law on electronic commerce and the law on consumer protection.
(6) where the subject matter of the contract is organized and student travel with the total price, the number of accommodation shall be determined in accordance with art. 84.
(7) the tour operator may not invoke the lack of props on the Treaty.
(8) the Treaty shall contain information on the essential elements of the compulsory insurance "medical expenses for sickness and accident to the tourist" to travel outside the country.
(9) the tour operator either directly or via the travel agent provides the user with the original of the insurance policy on insurance medical expenses for sickness and accident to the tourist "before the beginning of the trip.
(10) the Operator is obliged to keep by him or by the travel agent contracts for an organized trip for a period of three months from the date of conclusion.
Art. 83. The organized and student travel with the tour operator total price and the carrier shall be obliged to take a trip only during daylight hours.
Art. 84. in the event that the school children and the organized tour trip with total price is performed with carriage of children and students, providing not less than 8 hours per day overnight in categorized accommodation.
Art. 85. the agreement for an organized trip may not contain unfair terms within the meaning of art. 143 of the law on consumer protection.
Art. 86. (1) the tour operator either directly or via the travel agent is required to provide to the consumer in writing after the conclusion of the contract, but not later than 7 working days before the start of the journey, information on:
1. the name or business name, address and telephone number of a representative at the destination, and in the absence of representative – data for establishing contact with organizations in the destination, which can assist the user in case of difficulty; where there is no such organization, the user provides a telephone and a fax number or e-mail address to contact the tour operator or the tourist agent;
2. the time and places of intermediate stops and connections;
3. the type of the means of transport used;
4. assurances linked to performance of the contract.
(2) if the period between conclusion of the contract and the date of the trip is shorter than 7 working days, the information referred to in para. 1 shall be provided at the conclusion of the contract.
(3) when traveling abroad of minors the tour operator either directly or via the travel agent within the period referred to in paragraph 1. 1 provide the parent, guardian or custodian information which allows for direct contact with the minor or supervising person in place of his stay.
Art. 87. the information referred to in art. 80, al. 1 and 4, art. 81, para. 1 and art. 86, para. 1 and the contract under art. 82 must be submitted in the Bulgarian language.
Art. 88. (1) the cost of organised travel cannot be increased unless this is expressly provided for in the Treaty, and provided that the contract specifies the method of calculating the change in price and the change is solely due to the:
1. increase the value of transportation costs, including fuel;
2. increase the size of the fees associated with the services, used the Treaty as the airport, port and other charges;
3. change in the exchange rate difference to the Treaty, in the period between the conclusion and date of departure.
(2) the price may be increased 20 days prior to the date of travel.
(3) the increase in price must be economically justified and comply with the amended charges.
(4) the cost of organized travel can be reduced.
Art. 89. (1) When the tour operator changes significantly any of the essential terms of the contract, is obliged – directly or through a travel agent, to notify the user of the change within two days of occurrence, but no later than 10 days prior to the date of travel. The user can:
1. accept the changes, which will be certified with additional written agreement to the Treaty, which specifies its effect on the price, or
2. cancel the contract without penalty or compensation.
(2) increased the price by more than 5 per cent is considered a significant modification of the contract.
(3) the user shall communicate its decision to the tour operator or the tourist agent within three days of receipt of the notification, but not later than 7 days before the date of travel.
(4) where a consumer withdraws from the contract pursuant to para. 1, item 2, he has the right to choose one of the following options:
1. to take another trip of the same or higher quality where the tour operator or the tourist agent is able to offer him such, or
2. to take a tourist trip to the total price of the lower quality, as in this case the tour operator or the tourist agent is obliged to reimburse the difference in price between user repealed and proposed travel, or
3. reimbursement amounts paid by him under the contract within 7 days from the date on which the travel agent has received a notification of refusal.
(5) in the cases referred to in para. 1 and 4, the user has the right to claim compensation for all material and non-material damage caused by the failure or incorrect execution of the contract.
Art. 90. (1) When the tour operator cancels a trip organised before its commencement by reason, which is not due to user, the latter has the rights under art. 89, para. 4. In these cases, the user has the rights under art. 89, para. 5, except:
1. where it is not a required minimum number of participants called for the implementation of an organized trip for which the user has been advised in writing within the time limits laid down in the Treaty, or
2. If the cancellation of the trip is due to force majeure.
(2) the duplication of reservations shall not be deemed as a force majeure.
(3) where a consumer withdraws from a trip organised before his start on his own reason, the tour operator shall be entitled to charge a penalty only in the event that the amount is expressly specified in the contract for an organized trip.
Art. 91. (1) the user may transfer rights and obligations under the contract to a third person who meets all the requirements for making the trip, as previously inform the tour operator or the tourist agent within the period specified in the contract.
(2) the user who transferred their rights and obligations, and the person you are transferring the trip, shall be jointly and severally liable to the tour operator or the tourist agent for the payment of the total price of the contract and the costs associated with the transfer.
Art. 92. (1) the user shall notify as soon as possible, the service provider and tour operator or travel agent for any improper performance of the contract, established by him during the journey and stay. Notification must be made in writing or any other appropriate form, including by fax, email or other technical means, which allows it to be played.
(2) the service provider and tour operator, travel agent or their local representative are required as soon as possible by submitting a claim to take the necessary measures to the satisfaction of the user.
Art. 93. (1) the tour operator shall be liable for any failure and improper performance of their obligations under the Treaty, regardless of whether those obligations should be fulfilled by it or by its contractors.
(2) the tour operator may claim against their counterparts in the non-performance or improper performance of obligations under the contract between them.
(3) the Operator is not liable for damage caused by non-performance or improper performance of the contract, which is due to:
1. the behaviour of the user;
2. actions of a third party not related to the performance of the contract which cannot be foreseen or avoided;
3. force majeure or an event which cannot be foreseen or avoided by the tour operator or its contractors in carrying out their duties in good faith.
(4) in the cases referred to in para. 3, item 2 and 3 the tour operator is obligated to provide immediate assistance to the user.
Art. 94. (1) in the contract for an organized trip can be arranged upper limit of liability of the tour operator for damages caused to the user as a consequence of non-performance or improper performance of the contract. The upper limit of the liability of the tour operator, agreed between the parties, may not exceed three times the amount of the price of the trip.
(2) where the liability of the tour operator for damage caused by non-compliance or incorrect performance of the services under the contract is limited by international treaties ratified, promulgated and entered into force for the Republic of Bulgaria, the contract for an organized trip may provide for the limitation of liability of the tour operator in accordance with the provisions of those treaties.
(3) the provisions of paragraphs 1 and 2. 1 and 2 shall not apply in cases of personal injury.
(4) except in the cases referred to in paragraph 1. 1 and 2 in the Treaty for an organized trip may not include clauses that exempt tour operator from his liability under art. 93, para. 1.
Art. 95. (1) where, in the course of the trip not be performed a substantial part of the services under the contract or the tour operator shall establish that it's not going to be able to play a significant part of these services, he is obliged to take all appropriate measures to continue the journey without additional costs to the user, and to indemnify him in the presence of a gap between agreed and actual services rendered.
(2) in the event that the tour operator fails to take appropriate measures for the continuation of the journey, the consumer may claim compensation of additional costs incurred by him and other damage.
(3) where it is not possible to take appropriate measures in al. 1 or they will not be accepted by the user for good reason, the tour operator shall be required to:
1. provide transportation to the starting point of the journey or to another agreed place, without additional costs to the user, and
2. indemnify the user for damages.
Art. 96. The separate billing of various components of the agreed contract with organized tour trip with the total price does not exempt tour operator or the tourist agent from their obligations under this law.
Section III
Insurance Liability of the tour operator "
Art. 97. (1) the tour operator shall annually contract of compulsory insurance "the responsibility of the tour operator" with an insurer within the meaning of the insurance code.
(2) upon initial registration in the register of tour and travel agents, the Treaty for mandatory insurance is concluded and submitted to the Minister of economy, energy and tourism not later than 7 days from notification of the issued certificate of registration.
(3) compulsory insurance Contract may not contain clauses which exclude or restrict the rights of the consumer under this section.
Art. 98. (1) compulsory insurance under art. 97, para. 1 cover the responsibility of the tour operator for damage caused as a result of nerazplaŝane with its counterparties, including insolvency and bankruptcy.
(2) Insurance under para. 1 should cover:
1. recovery of sums paid by the consumer under the contract prior to the commencement of the trip, in the event that it fails through no fault of the user;
2. payment of the difference in cases where during the trip are provided only part of the services stipulated in the contract;
3. the costs associated with returning the user to the starting point of the journey.
(3) Insurance under para. 1 cover the responsibility of the tour operator for any harm caused to users under contracts for organized tour trip with total price concluded and paid during the period of its operation, including the termination of the contract of insurance.
(4) upon the occurrence of an insurance event in cases where a travel agent selling travel, organized by the tour operator under para. 1, and recovered amounts to consumers under para. 2, paragraphs 1 and 2, the travel agent subrogated to the rights of consumers of insurance services to the insurer under the contract of insurance.
Art. 99. (1) the insurance contract is concluded for a period of one year and shall be renewed or new contract shall be concluded not later than 30 days before its expiry date.
(2) in the event of termination of the insurance contract before its expiration the registered person shall be obliged to enter into a new contract for insurance and submit it to the Minister of economy, energy and tourism not later than 7 days from termination.
(3) the Operator shall submit to the Minister of economy, energy and tourism a copy of the contract for insurance under para. 1 within 14 days of the conclusion or its renewal.
(4) the conditions and procedures for the conclusion of the insurance contract under art. 97, para. 1 shall be determined by an Ordinance adopted by the Council of Ministers, on a proposal from the Minister of economy, energy and tourism.
(5) with the Ordinance referred to in para. 4 shall be governed by and insurance coverage, limits of liability and the manner of determining the sum insured.
Art. 100. (1) the tour operator either directly or through a travel agent provides the user certificate issued by the insurer, attesting to the existence of a contract of compulsory insurance.
(2) the tour operator either directly or through a travel agent provides the user certificate under para. 1 before the conclusion of the contract for an organized trip with the total price and before the payment of the price or advance payment by the consumer, not later than 7 days before the start of the journey.
(3) When the tour operator either directly or through a travel agent fails to submit a user certificate under para. 1, the user is entitled to withdraw from the contract without penalty or compensation.
(4) the user's Refusal under para. 3 must be made in writing to the tour operator or travel agent prior to the start of the trip.
Art. 101. (1) the certificate must contain the following information in Bulgarian and in English:
1. subject matter of the insurance;
2. name, registration number, registered office, business address and telephone of the tour operator;
3. the number and date of the insurance policy;
4. number and date of issue of the certificate;
5. the period of validity of the insurance;
6. name, registered office, address and phone of the insurer;
7. insurance coverage;
8. sum insured;
9. time for lodgement of the claim of the user to the insurer;
10. terms and method of payment of indemnity by the insurer;
11. signature and stamp of the insurer;
12. signature and stamp of the tour operator.
(2) the certificate may contain other useful consumer information relating to the contract of insurance.
Art. 102. at the request of the consumer, the tour operator or the tourist agent is obliged to submit a document for paid insurance premium or a copy.
Art. 103. (1) upon the occurrence of an insurance event, the insurer is obliged to indemnify the user made the return to the starting point of the trip by its own means, within the framework of the contractual limit of liability. The compensation must cover the expenditure incurred by the user for the return costs, including the necessary shelter and food for the time of his forced stay.
(2) the user himself determines the way that will make a return to the starting point of the trip, subject to the conditions of the journey, provided for in the Treaty for a tourist trip with total price.
Art. 104. (1) where the voyage has already begun and the tour operator fails to fulfill the obligation to return the user to the starting point of the journey, the insurer may provide payment of vendors and suppliers the costs associated with the stay and return of the user from the place of his residence to the starting point of the trip, including food and shelter for the duration of his forced stay.
(2) in the case referred to in para. 1 the insurer shall determine the manner in which the return is to be made of the user to the starting point of the journey, as respects the rights of the user and comply with the conditions laid down in the Treaty for an organized trip.
(3) the Operator, contractor or user shall notify the insurer in writing to return to the starting point of the journey.
Art. 105. (1) the Operator shall immediately, but not later than one day after becoming aware of the circumstances that could lead to the occurrence of the insurance event, to notify the insurer and to provide it with information about its partners, vendors, and users of its services, as well as to cooperate with him.
(2) the notification and submission of the information referred to in para. 1 shall be performed in writing, with a copy to the Minister of economy, energy and tourism.
Art. 106. (1) the determination of the indemnity by the insurer does not deprive the consumer of his right to claim compensation through the courts.
(2) if the claim is made by a court order, the tour operator is obligated to ask the insurer's attraction in the process.
(3) the user may claim directly against the insurer.
Art. 107. Agreement between the tour operator and user, suffered damage, there is action for the insurer if he approve it.
Art. 108. (1) the indemnity insurance under this section shall be paid by the insurance company which issued the insurance policy, or by his authorized representative.
(2) in cases where proprietary liability of the tour operator shall be determined by the Court, after the entry into force of the judgment required of insurers eligible submit certified copies of the effective legal acts together with the reasons, as well as certified copies of Executive sheets.
Art. 109. compensation of insurance shall be determined and paid by the insurer within 15 days after the tour operator and/or injured users have submitted all requested by the insurer, documents relating to the establishment of the event and the amount of damage.
Section IV
Measures to ensure the rights of disabled persons and persons with reduced mobility when travelling by air
Art. 110. (1) tour and travel agents undertake or ensure the adoption of the necessary measures in accordance 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, hereinafter called the "Commission Regulation (EC) No 1107/2006.
(2) tour and travel agents undertake or ensure the adoption of the necessary measures in accordance with Regulation (EC) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55/1 of 28 February 2011), hereinafter referred to as "Commission Regulation (EU) No 176/2010" in respect of persons with disabilities or with reduced mobility in order to travel by bus.
(3) if the measures taken are in accordance with the regulation referred to in paragraph 1. 1, people with disabilities or with reduced mobility may claim compensation for the damage to them. The claim for damages shall be brought against the tour operator or travel agent before the appropriate court.
Chapter eight
HOTEL AND RESTAURANT MANAGEMENT
Section I
Hotel and restaurant business
Art. 111. (1) Hotels or restaurants on the territory of the Republic of Bulgaria is carried out only in classified tourist sites under this law.
(2) Classification is made by the Minister of economy, energy and tourism and from the mayors of municipalities or by officials authorised by them – for the types of objects and categories referred to in this law.
(3) for the provision of travel services to the children and students in the form of a children's camp rated tourist sites under this law should comply with the requirements of the children's camp, referred to by the Ordinance under art. 79, para. 5.
Art. 112. the provisions of this section do not apply to:
1. hospitality made the Rotelli, boteli and floteli;
2. restaurants, carried out on board ships, aircraft or trains.
Art. 113. (1) Hospitality or catering can make a person who:
1. is a merchant within the meaning of the commercial code or is a legal person who is entitled under another law to carry on business, including under the legislation of another Member State of the European Union;
2. is not in bankruptcy or in liquidation;
3. have the staff with the required education and language skills, as for managerial staff and work experience is required.
(2) Hospitality in guest rooms and guest houses can be carried out and the person who is not a dealer within the meaning of the commercial code, when they are part of the living of it home.
Art. 114. Persons performing accommodation and/or restaurants in tourist objects of art. 3, al. 2, item 1, 2 and 3, are required to:
1. provide tourist services in categorized tourist site or object on which it was issued a temporary certificate for an open procedure the categorization;
2. provide tourist facilities in tourist site that meets the requirements specified for its category according to the Ordinance under art. 121, para. 5;
3. place near the entrance to the tourist site the plate under art. 132, para. 1 the following information:
(a)), company headquarters and registered address of the managing trader;
(b)) the opening hours of tourist facility – for catering and entertainment;
the names of the Manager) object with a contact telephone number.
Art. 115. persons engaged in hotel management, are required to:
1. the declared prices of accommodation and other services offered by them through the price list placed in a prominent place for consumers near the reception;
2. the advertised prices so that they can be easily understood, be legible and not to introduce customers to mislead;
3. the declared prices necessarily in dollars and, if necessary, in another currency, in accordance with the requirements of art. 3, al. (4);
4. comply with Bulgarian legislation regulating the stay of tourists in the territory of the Republic of Bulgaria.
Art. 116. (1) persons engaged in hotel management, are required to keep a record of our residents, tourists, their citizenship and of the number of realized from them nights.
(2) a model for the register under para. 1 shall be approved by the Minister of economy, energy and tourism and published on the website of the Ministry of economy, energy and tourism.
(3) the persons referred to in para. 1 are obliged to submit information on a monthly basis in the relevant municipality for the number of realized overnights by reference-Declaration.
(4) a sample of the report-declaration under para. 3 shall be approved by the Minister of economy, energy and tourism and published on the website of the Ministry of economy, energy and tourism.
(5) Reference-declarations under para. 3 shall be submitted in the municipality.
(6) the number of realized overnights, specified in the declaration under para. 3, tourist tax is payable under the conditions and by the procedure of the law for local taxes and fees.
Art. 117. (1) the persons carrying out restaurants are required to compile price lists-list-menu for the kitchen and pastry production and menu for alcoholic and non-alcoholic drinks with the respective sales prices and weights.
(2) Sheet-menu and menu-menu must be submitted for each user before the order and upon presentation of the Bill.
(3) list-menu and menu-menu must be written in the Bulgarian language and the desire or, if necessary, and in any other language.
(4) the prices in the list-menu and in the menu-menu are the same size for all tourists, determined in accordance with the requirements of art. 3, al. 4.
(5) For each sale of tourist service shall be issued according to the law for fiscal receipt value added tax.
Art. 118. Persons performing accommodation or restaurants, can conclude contracts with registered tour operators and travel agents, hoteliers and restaurateurs, operating in tourist sites, categorized and with licensed carriers.
Section II
Categorization of properties and adjoining to them dining and entertainment, private dining and entertainment, tourist lodges and spinoff eateries
Art. 119. (1) the accommodation and adjacent to them dining and entertainment, private dining and entertainment, tourist cabins, tourist offices and tourist bedrooms and adjacent to them dining options amenable to categorization under this Act regardless of the type of their property and ways of managing them.
(2) The categorization under this law shall be subject to and the dining and entertainment, located on or on pontoons anchored near the shore.
Art. 120. Not subject to categorize under this law:
1. dining and entertainment, located in educational and medical institutions, as well as in government departments and enterprises, intended for use only by their employees and for which there is no free access available to the public;
2. fast service, whose capacity is up to 12 seats, or separate with seating up to 12 parts of retail outlets;
3. separate as places to eat parts of the premises or the backyards of categorized guest houses, guest accommodations and hostels, which offers home-cooked food to guests only entered in the register of residents tourists of the object;
4. the hunting bases under the law on hunting and game management: hunting lodge, hunting lodge, hunting lodge and hunting shelter.
Art. 121. (1) the accommodation are two classes – "a" and "b". Accommodation and dining and entertainment are categorized into the following categories: "one star", "two stars", "three stars", "four stars" or "five stars".
(2) the types of accommodation, dining and entertainment and their characteristics are determined by the Ordinance under para. 5.
(3) The accommodation can be determined only one category, regardless of the number of buildings that form it, and capacity.
(4) catering and entertainment, adjacent to the accommodation, you can get a category other than that of your accommodation, as the difference between them is no more than a star.
(5) the requirements for the accommodation and dining and entertainment and the procedure for determining the category, denial, reduction, suspension and termination of their defined category shall be determined by an Ordinance adopted by the Council of Ministers.
(6) the Ordinance referred to in para. 5 contains samples of all applications, forms, and reports that relate to the accommodation and dining and entertainment.
Art. 122. (1) the tourist lodges, tourist offices, bedrooms and spinoff eateries are categorized into the following categories: "Edelweiss", "one two three edelweisses" and "Edelweiss".
(2) the types of tourist lodges, tourism training centers, hostels and adjacent to them and their characteristics are determined by the Ordinance under para. 4.
(3) catering, adjacent to the tourist lodges, can get a category other than that of the tourist hut, as the difference between them is no more than "an Edelweiss".
(4) the requirements for tourist lodges, tourist offices, bedrooms and adjacent to them and the procedure for determining the category, denial, suspension and lowering their specified category shall be determined by an Ordinance of the Minister of economy, energy and tourism.
(5) the Ordinance referred to in para. 4 contains all samples of applications, forms and reports that refer to the tourist lodges and adjacent to them.
Art. 123. (1) the class "a" are categorized in the following categories:
1. hotels – "one star", "two stars", "three stars", "four stars" or "five stars";
2. the motels – "one star", "two stars" or "three stars";
3. apartment tourist complexes – "two stars", "three stars", "four stars" or "five stars";
4. holiday villages-"three stars", "four stars" or "five stars";
5. tourist settlements – "two stars", "three stars" or "four stars";
6. villas – "three stars", "four stars" or "five stars".
(2) the grade "b" are categorized into the following categories:
1. family hotels – "one star", "two stars" or "three stars";
2. hostels-one star, two stars "or" three stars ";
3. boarding schools – "a star" or "two stars";
4. holiday homes – "one star", "two stars" or "three stars";
5. guest rooms – "one star", "two stars" or "three stars";
6. apartments for guests – "one star", "two stars" or "three stars";
7. guest houses – "one star", "two stars" or "three stars";
8. bungalows – "one star", "two stars" or "three stars";
9. camping – "one star", "two stars" or "three stars".
Art. 124. Adjacent properties and private dining and entertainment are categorized into the following categories:
1. restaurants – "one star", "two stars", "three stars", "four stars" or "five stars";
2. fast service – "one star", "two stars" and "three stars";
3. drinking facilities – "one star", "two stars", "three stars" or "four stars";
4. coffee-pastry shops – "one star", "two stars", "three stars", "four stars" or "five stars";
5. bars – "one star", "two stars", "three stars", "four stars" or "five stars".
Art. 125. (1) the tourist lodges are categorized into the following categories: "Edelweiss", "one two three edelweisses" and "Edelweiss".
(2) Travel learning centres are categorized into the following categories: "Edelweiss" and "the three edelweisses".
(3) the tourist bedrooms are categorized into the following categories: "Edelweiss", "one two three edelweisses" and "Edelweiss".
Art. 126. Adjacent to the tourist lodges, tourist offices and tourist bedrooms eateries are categorized into the following categories:
1. tourist dining room – category "one and two" Edelweiss "Edelweiss";
2. tourist buffet – category "one and two" Edelweiss "Edelweiss";
3. tourist dining room with servit′orsko services – category "Edelweiss" and "the three edelweisses".
Art. 127. the Minister of economy, energy and tourism or an official authorised by him at the suggestion of the EKKSTO determines the category of:
1. accommodation:
a) Hotels – category "three stars", "four stars" and "five stars" and adjacent to them dining and entertainment;
b) apartment tourist resorts – all categories, according to art. 123, para. 1, item 3;
c) holiday villages – all categories, according to art. 123, para. 1, item 4;
d) tourist villages – all categories, according to art. 123, para. 1, item 5;
e) villas – all categories, according to art. 123, para. 1, item 6;
2. private dining and entertainment – category "four stars" and "five star";
3. tourist lodges, tourist offices, bedrooms and spinoff eateries – all categories, according to art. 125 and 126.
Art. 128. The Mayor of the municipality or an official authorised by him at the suggestion of the OEKKTO determines the category of:
1. the accommodation, as follows:
a) Hotels – category "a star" and "two stars", and adjacent to them dining and entertainment;
b) motels – all categories, and adjacent to them dining and entertainment, according to art. 123, para. 1, item 2;
in family hotels – all) categories, according to art. 123, para. 2, item 1;
d) hostels-all categories, according to art. 123, para. 2, item 2;
e) boarding schools – all categories, according to art. 123, para. 2, item 3;
f) holiday homes – all categories, according to art. 123, para. 2, p. 4;
g) guest rooms – all categories, according to art. 123, para. 2, item 5;
h) guest suites – all categories, according to art. 123, para. 2, s. 6;
and guest houses), all categories, according to art. 123, para. 2, s. 7;
k) bungalows – all categories, according to art. 123, para. 2 item 8;
l) campgrounds-all categories, according to art. 123, para. 2, s. 9;
2. private dining and entertainment – category "one star", "two stars" and "three stars";
3. catering and entertainment, located on or on pontoons anchored near shore craft – all categories for the relevant species, according to art. 124.
Art. 129. (1) the person who will carry out hospitality or catering in properties and in dining and entertainment, or his authorised representative shall submit to the authority for grading kategoriziraŝ application form, to which apply:
1. a declaration in a form for the registration in the commercial register, indicating the UIC or copies of the documents certifying that the person is entitled under another law to carry on business, including under the legislation of another Member State of the European Union;
2. a statement that the person is not in liquidation – for persons who are not traders;
3. the report on the pattern of professional and linguistic skills of staff at the site;
4. copies of documents attesting education or vocational training, internship in tourism and the language qualifications of the Manager of the tourist facility, in accordance with the requirements of the Ordinance under art. 121, para. 5;
5. form a model for the establishment of the category;
6. copies of documents for the ownership of the object or a copy of the lease or other contract, from which it is apparent that there are conditions to carry out face the tourist activity on the site;
7. a document certifying the introduction into service of the site, or other document certifying the legality of the site, subject to the requirements of spatial planning Act, accordingly, permission to use surface water and certificate of fitness-for dining and entertainment, located on or on pontoons anchored near shore vessels;
8. explicit proxy in the original, where the application is lodged by the authorized representative;
9. a document for paid fee for handling documents for categorization under the tariff referred to in art. 69, para. 3.
(2) the person who will carry out accommodation in guest rooms, suites or guest houses, or his authorised representative shall submit to the Mayor of the municipality application for classification form, to which apply:
1. form a model for the establishment of the category;
2. a copy of the document for ownership of the object or a copy of the lease or other contract, from which it is apparent that there are conditions to carry out face the tourist activity in the site – in the event that this person is different from the owner of the object;
3. explicit proxy in the original, where the application is lodged by the authorized representative;
4. a document for paid fee for handling documents for categorization under the tariff referred to in art. 69, para. 3.
(3) the person who will carry out hospitality or catering to the tourist lodges, tourism training centers, hostels and adjacent to them, or his authorised representative shall submit to the Minister of economy, energy and tourism an application for classification form, to which apply:
1. a declaration in a form for the registration in the commercial register, indicating the UIC or copies of the documents certifying that the person is entitled under another law to carry on business, including under the legislation of another Member State of the European Union;
2. a statement that the person is not in liquidation – for persons who are not traders;
3. form a model for the establishment of the category;
4. copies of documents for ownership of the object or a certificate from the public register of sports objects and objects of art for social tourism. 48A of the law on physical education and sport;
5. a copy of a lease or other contract, from which it is apparent that there are conditions to carry out face the tourist activity on the site;
6. the explicit proxy in the original, where the application is lodged by the authorized representative;
7. a document for paid fee for handling documents for categorization under the tariff referred to in art. 69, para. 3.
(4) Applications under paragraph 1. 1, 2 and 3 with the attached documents shall be submitted to the relevant authority kategoriziraŝ.
(5) documents under para. 1, 2 and 3, presented in a foreign language must be accompanied by an official translation of the Bulgarian language.
Art. 130. (1) The EKKTO examines the application and attached documents within 14 days from the date of their receipt, and after finding that the documents submitted meet the requirements of art. 129, para. 1, 2 or 3, shall take a decision on them with a reasoned proposal to the appropriate kategoriziraŝ authority or the authorized officer thereof to find the procedure for categorization of tourist facility and to issue a temporary certificate to the open procedure in categorizing.
(2) in the case of incomplete or irregularity found in the documents presented under art. 129, para. 1, 2 and 3, the Committee of experts on the categorisation of tourist sites within 10 working days of the date of the meeting shall notify the applicant in writing and set a 14-day period from receipt of the notice to remove them. The period referred to in para. 1 shall be suspended until the date of the removal of incomplete and/or irregularity.
(3) If within the time limit referred to in paragraph 1. 2 limitations and/or irregularities are not corrected, the kategoriziraŝ body with an order refusing down the type and category of the object. The order is sent to the applicant.
(4) the provisional certificate for an open procedure for categorizing, except in the cases under art. 131, is valid as follows:
1. for tourist sites to categorize by the Minister of economy, energy and tourism, with the exception of objects of art. 3, al. 2, item 3 – four months;
2. for tourist lodges, tourist offices, tourist dormitories and adjacent dining to them – 6 months;
3. for tourist sites to categorize by the mayors of municipalities – two months.
(5) within the time limit referred to in paragraph 1. 4 of provisional certificates at the discretion of the EKKTO expert working group shall be established for on-the-spot check on the object for its compliance with the requirements for the requested category.
(6) for the inspection referred to in paragraph 1. 5 finding shall be drawn up, containing the proposal for the establishment or refusing to determine the type and category of tourist facility.
(7) Kategoriziraŝiât authority or an official authorised by him on the basis of the proposal of EKKTO within the relevant period under para. 4 determine the type and category of the entity and shall issue a certificate for a particular category or with a reasoned determination of the refused category.
(8) the definition of the category of accommodation dining and entertainment is performed within the limits provided for the requested category of appropriate accommodation.
(9) the refusal under para. 3 and 7 shall be subject to appeal under the administrative code.
Art. 131. (1) for the tourist with seasonal operation mode when in the period of the issued a temporary certificate for an open procedure to categorize the object was not carried out on-the-spot verification of its compliance with the requirements for the requested category, for a reason which is not due to the hotelier or restorant′ora, the period of the provisional certificate may be extended once.
(2) the time limit referred to in paragraph EKKTO consider. 1 for each specific case.
(3) Kategoriziraŝiât authority on a proposal from the respective EKKTO by order shall determine the period referred to in para. 1 and issue new provisional replacement certificate with a current expiration date.
Art. 132. (1) The rated properties and adjacent to them dining and entertainment, private dining and entertainment, tourist cabins, tourist offices and tourist bedrooms and adjacent to them dining options shall be issued kategorijna symbolism depending on their type and category, including the certificate and plate which must be placed in a conspicuous place in the establishment.
(2) its categorical symbolism under para. 1 is unified and is issued in a form approved by the Minister of economy, energy and tourism.
(3) its categorical symbolism gets personally or through an authorized representative of the applicant, who, on receipt of a copy of the applicable document for paid fee for entry in the national register under tourist fare under art. 69, para. 3.
(4) the inscriptions for the type, name and the category of tourist facilities in the Al. 1 must not mislead the tourists.
Art. 133. (1) the category of accommodation and adjacent to them dining and entertainment, private dining and entertainment, tourist cabins, tourist offices, bedrooms and spinoff eateries is determined on the basis of compliance with the minimum mandatory requirements for the construction, furniture and equipment, service, services, and professional and language skills of staff referred to in the Ordinance under art. 121, para. 5, respectively by the Ordinance under art. 122, para. 4.
(2) the period of the issued certificate for a particular category of tourist facilities in the Al. 1 is 5 years, with the exception of the period of validity of the certificate of the objects located on the pontoon, which is for a period corresponding to the period of validity of the permit.
(3) within three months before the expiry of the 5-year period the person must declare their desire to confirm the category of the object or to get a category other than that specified to date, and to pay a fee for carrying out on-the-spot inspection at the tourist facility in accordance with the tariff referred to in art. 69, para. 3.
(4) in the event that the person concerned does not take action on al. 3 in the specified period, the category of the object ends with the expiry of the time limit. In this case, a new category for the same object can be determined by the procedure of art. 129 and 130.
(5) a document for paid fee and declaration for the category of the object under para. 3 shall be submitted to the appropriate authority of the place kategoriziraŝ, by post or by electronic means.
(6) Employees of the Ministry of economy, energy and tourism, according to the municipality, carry out on-the-spot inspection at the tourist facility for overall compliance with the requirements of the entity declared category. In accordance of the object found in the three-month period referred to in paragraph 1. 3 proceed period of the current category of the object or a new category is determined.
(7) to the category of the object under para. 6 shall issue a new certificate that is obtained by the person after the return of previously issued.
(8) in the event of a change of category of the object the new plate under art. 132, para. 1 is obtained after the return of previously issued.
Art. 134. (1) the person making the hotel or restaurant management in a categorized tourist site, or authorized person may submit to the relevant authority kategoriziraŝ application for change of category of tourist facility in higher than allocated by the procedure of art. 129.
(2) the person referred to in paragraph 1. 1 shall not issue a temporary certificate to open the categorize.
(3) the issued certificate retains its action to the issuance of a new certificate for the category.
(4) upon receipt of a new certificate under subsection face. 1 returns the previously issued.
(5) in the event that the person referred to in paragraph 1. 1 said a change of category of tourist facility in less than the specified category and its application in the Al. 1 attach a declaration to verify that the entries in the national register travel for him and for the object are not modified, within 14 days from receipt of the application, on a proposal of the EKKTO of the person is issued a new certificate for the category according to his request.
(6) For the change in the Al. 5 fee is charged according to the tariff referred to in art. 69, para. 3.
Art. 135. (1) the category of accommodation and adjacent to them dining and entertainment, private dining and entertainment, tourist lodges and spinoff eateries is lowered in the event the requirements for the specified category.
(2) the downgrading of the object is forced administrative measure and applied by order of the kategoriziraŝiâ authority of the decision of the EKKSTO, respectively OEKKTO.
(3) the order of the kategoriziraŝiâ authority under para. 2 subject to appeal pursuant to the administrative code. The appeal of the order does not stop its execution, unless the Court determines otherwise.
Art. 136. (1) the operation of the certificate for a particular category of accommodation may be suspended at the request of the person carrying out the activity in the site for a given period, in the framework of the relevant year.
(2) the request under paragraph 1. 1 shall be submitted to the relevant authority kategoriziraŝ.
(3) the time limit referred to in paragraph 1. 1 can not be longer than 6 months and less than one month.
(4) the reasons why and the period for which the suspension shall be indicated in the request under para. 1.
(5) the period of suspension of the operation of the category shall be indicated in the National Tourism registry.
(6) for the period of suspension of the certificate for the category the person concerned is not entitled to carry on business in the premises.
Art. 137. (1) the category of accommodation, catering and entertainment, tourist cabins, tourist offices, bedrooms and spinoff eateries shall terminate: 1. with the expiration of the specified category;
2. at the request of the owner or of the person carrying on business in the tourist facility – with the submission of the application;
3. in the event of death of the individual, respectively, upon termination of the entity carrying on business in the tourist facility;
4. If, within three months of the issuance of its categorical symbolism of tourist facility the person carrying on business in it is not present, a seasonal objects within one month;
5. upon application for a change of category of object – with getting new certificate;
6. at the opening of the insolvency or liquidation of the hotelier or restorant′ora;
7. in the event of a change in the type of tourist facility;
8. in the reconstruction, major repairs or reconstruction of tourist facility within the meaning of the law on spatial planning;
9. in the event of a repeated violation of the requirements for the specified category;
10. in the event of obligations under art. 116, para. 1 and 3.
(2) in the cases referred to in para. 1 the category of tourist facilities shall be terminated by order of the kategoriziraŝ authority or the authorized officer thereof.
(3) After termination of the category of tourist facility issued certificate is null and void. A new type of property is determined by the order of art. 129.
(4) the order of the kategoriziraŝiâ authority under para. 2 subject to appeal pursuant to the administrative code. The appeal of the order does not stop its execution, unless the court orders otherwise.
(5) upon termination of the object kategoriziraŝiât category body shall take appropriate action for the public disclosure of termination through the mass media.
Chapter nine
TERMS AND CONDITIONS FOR THE GRANTING OF SPA AND WELLNESS FACILITIES. CERTIFICATION OF HEALTH (MEDICAL SPA), SPA, WELLNESS AND THALASSOTHERAPY CENTRES
Art. 138. (1) the Minister of economy, energy and tourism or an official authorised by him shall issue a certificate of the adjacent properties and private centers in tourist and urban environments, built, equipped and furnished for the provision of health, wellness, SPA and thalassotherapy facilities, in accordance with this law.
(2) the right to use its name in abbreviation "SPA", respectively the terms "Spa (medical Spa)", "wellness" and "Thalassotherapy" or provide services, United under the names "health" or "SPA/wellness services" referred to in promotional brochures, leaflets or websites have only persons carrying on business in the premises or premises, received a certificate for "Spa (medical Spa) Center, the" Spa "," Wellness Centre "or" Thalassotherapy Centre "under this law.
(3) the conditions and procedures for the certification of the centres under para. 2, the requirements to the personnel and to face with features in the management of the Centre shall be determined by Decree, issued jointly by the Minister of economy, energy and tourism and the Minister of health.
(4) the centres under para. 2 receive the corresponding certificate in accordance with the minimum mandatory requirements for the construction, furniture and equipment, service, services, and professional and language skills of the staff referred to in the Ordinance referred to in para. 3.
(5) the Ordinance referred to in para. 3 contains samples of all requests and inquiries that relate to the Centers under para. 2. Art. 139. The certification of the centers of art. 138, para. 1 shall be carried out to verify the suitability of the Centre for the provision of health (medical Spa), Spa, Spa and thalassotherapy facilities, increase the quality of services and ensure the rights and improve the security of the users of these services.
Art. 140. (1) the provision of health (medical Spa), Spa, wellness and Thalasso facilities in certified centres under this law shall be carried out by a person who:
1. is a merchant within the meaning of the commercial code or is a legal person who is entitled under another law to carry on business, including under the legislation of another Member State of the European Union;
2. is not in bankruptcy or in liquidation;
3. have the staff with the required professional education, language skills and work experience;
4. is there a Manager with the required education, vocational, language skills and work experience;
5. provide appropriate premises, furniture and equipment and conditions for provision of the relevant services in accordance with the requirements of the Ordinance under art. 138, para. 3. (2) the person referred to in paragraph 1. 1 or his authorized representative shall submit an application form to the Minister of economy, energy and tourism, to which apply:
1. copies of documents certifying that the person is entitled under another law to carry on business activities – for persons who are not traders, including under the legislation of another Member State of the European Union;
2. a statement that the person is not in liquidation – for persons who are not traders;
3. a copy of the document property of the Center or by lease or other contract, from which it is apparent that the person have been conferred rights of use on the premises;
4. a document certifying the introduction of the object into operation;
5. staff report – form;
6. educational, vocational and language training and internship – Manager of the entity in accordance with the requirements of the Ordinance under art. 138, para. 3;
7. a statement that the person has secured appropriate premises, furniture and equipment and conditions for the provision of the appropriate facilities for the requested certification entity in accordance with the requirements of the Ordinance under art. 138, para. 3;
8. explicit proxy in the original, where the application is lodged by the authorized representative;
9. a document for paid fee for handling the paperwork for certification in accordance with the tariff referred to in art. 69, para. 3.
Art. 141. (1) the application and the attached documents shall be dealt with in 14 days from the date of their receipt.
(2) in the case of incomplete or irregularity found the documents supplied under para. 1 the applicant is given a 14-day deadline for their removal. The period referred to in para. 1 shall be suspended until the date of the removal of incompleteness, irregularity, respectively.
(3) If, within the prescribed period from receipt of the notification under paragraph 1. 2 the applicant does not remedy the incompleteness or irregularities, Minister of economy, energy and tourism or authorised by him with a warrant officer refuses the issuance of a certificate.
(4) the Minister of economy, energy and tourism or authorized by him Deputy Minister within the time limit referred to in paragraph 1. 1 on the basis of the documents submitted or refused a certificate of certification reasoned object.
(5) the refusal under para. 3 and 4 shall be subject to appeal under the administrative code.
Art. 142. (1) The certified centers shall be issued kategorijna symbolism depending on their type and includes a certificate and plaque to be placed prominently on the site.
(2) its categorical symbolism under para. 1 is unified and is issued in a form approved by the Minister of economy, energy and tourism.
(3) its categorical symbolism gets personally or through an authorized representative of the applicant, who, on receipt of a copy of the applicable document for paid fee for entry in the national register under tourist fare under art. 69, para. 3.
(4) the inscriptions for the type, name and the category of tourist facilities in the Al. 1 must not mislead the tourists.
(5) the certificate shall be valid for a period of 5 years from the date of issue.
(6) the Renewal of the certificate shall be allowed before the expiry of the period referred to in paragraph 1. 5.
(7) the certified centers, as well as persons providing services to them, shall be entered in the register provided. The register is public and is part of the national tourism registry.
(8) in the event of a change of circumstances in the register under para. 7, which require the issuance of a new certificate, he shall be issued on application by the person who entered shall be filed within 14 days of the occurrence of the change.
(9) in order to reflect changing circumstances in the scheduled fee is charged according to the tariff referred to in art. 69, para. 3.
Art. 143. (1) the Certified entity and person carrying on business in it are deleted from the register and the certificate shall be annulled by order of the Minister of economy, energy and tourism or authorised by him at the officer:
1. the expiry of the time limit;
2. at the request of the person carrying on business in the tourist facility;
3. termination of the entity carrying on business in the tourist facility;
4. the opening of insolvency or liquidation of a person carrying on business in the tourist facility;
5. modification of the type of tourist facility;
6. systematic violations of the requirements for the type of object specified by the Ordinance under art. 138, para. 3;
7. failure to submit on time of application under art. 142, para. 8.
(2) after the revocation of the certificate, a new certificate is issued in accordance with art. 140 and 141.
(3) the order under paragraph 1. 1 subject to appeal pursuant to the administrative code. The order is subject to immediate execution. The appeal of the order does not stop its execution, unless the court orders otherwise.
Chapter ten
FILING OF DOCUMENTS ELECTRONICALLY
Art. 144. (1) the applications for tour operator and/or travel agency business, for categorization of tourist objects of art. 3, al. 2, items 1-3 and for the certification of tourist objects of art. 3, al. 2, item 5, together with the attached scanned documents, and may be submitted electronically.
(2) the applications and notifications must be signed with a qualified electronic signature from the applicant. The applicant is considered to be the person on behalf of the electronic statement was committed.
(3) on the website of the Ministry of economy, energy and tourism and on the website of the municipality shall publish the electronic address to which applications can be sent.
(4) the electronic statement is deemed to be received, if by the Ministry of economy, energy and tourism, respectively by the municipality, confirmed receipt of the request. The acknowledgement of receipt shall be made within 5 working days.
Chapter Eleven
ISSUANCE OF DUPLICATES OF CERTIFICATES AND CERTIFICATES
Art. 145. (1) a duplicate of a certificate of registration issued to carry out the tour operator and/or travel agency business, a certificate for a specific type and category of tourist site under art. 3, al. 2, item 1 – 3 and the certificate of tourist site under art. 3, al. 2, item 5 shall be issued at the destruction or loss of the original issued certificate or certificate in application form submitted by the respective holders of lost documents.
(2) the applicant shall file with the application a statement of circumstances under para. 1.
(3) the issue of a duplicate fee according to the tariff referred to in art. 69, para. 3.
Chapter Twelve
TOUR GUIDES, MOUNTAIN GUIDES AND SKI TEACHERS
Art. 146. (1) for the exercise of professions "Guide, mountain guide and ski instructor" is necessary to the person concerned has the legal capacity to carry out the activity and to be entered in the relevant register – part of a National Tourism registry. Ski teachers practise only through the ski school, to which they are employed.
(2) the Minister of economy, energy and tourism in agreement with the Minister of education, youth and science and Minister of physical education and sports education as determined by the regulations, practical training and professional qualifications required for the exercise of professions under para. 1.
Art. 147. (1) persons who have acquired competence for the exercise of the professions of art. 146, para. 1 submit an application form to the Minister of economy, energy and tourism to be entered in the relevant register.
(2) an application under subsection. 1 shall apply:
1. a document certifying the acquired competence;
2. the certificate or other document certifying the knowledge of foreign languages, where applicable;
3. Declaration on the free exercise of the profession and/or a copy of the contract for the exercise;
4. a document for paid fee for entry under the tariff referred to in art. 69, para. 3.
(3) the request under paragraph 1. 1 together with the attached documents may be filed electronically and by the procedure of art. 144. (4) the register under art. 146, para. 1 shall be entered:
1. the names and contact details of the Guide, mountain guide, ski teacher;
2. language of the exercise the profession;
3. the manner of exercise of the profession;
4. the changes made in the scheduled circumstances.
(5) in the event of a change of the scheduled under para. 4 circumstances the persons concerned are required in 7-days term from occurrence to her request for coverage in the register.
(6) the Minister of economy, energy and tourism or authorised by him with a warrant officer deleted entry under para. 1 person from the register under art. 146, para. 1:
1. at the request of the person entered;
2. when submitting false statements for entry in the register;
3. in the event of a failure to exercise the profession for two years.
(7) the order under paragraph 1. 6, item 2 and 3 shall be subject to appeal under the administrative code. The order is subject to the prior performance. The appeal of the order does not stop its execution, unless the court orders otherwise.
(8) persons removed pursuant to para. 6, item 3 of the register under art. 146, para. 1, may request a new registration but not earlier than 6 months from the date of cancellation.
Art. 148. (1) the Minister of economy, energy and tourism or an official authorised by him shall issue the relevant entry in the register under art. 146, para. 1 person identification card concerned.
(2) the Minister of economy, energy and Tourism approves the model identification cards under para. 1 for each of the professions referred to in art. 146, para. 1. Cards must allow for clear identification through photo and at least two names in the appropriate guide, mountain guide or ski instructor, ski teacher – and an indication of the ski school, in which it is employed.
(3) in the case of loss or destruction of the identification card the Minister of economy, energy and tourism or an official authorised by him shall issue a duplicate at the request of the person referred to in art. 146, para. 1.
Art. 149. Tourist guides, mountain guides and ski instructors are required in the exercise of the profession to wear visible identification card under art. 148, para. 1 in such a way as to provide identification at any time within the meaning of art. 148, para. 2.
Art. 150. The guide, mountain guide and ski teacher bear proprietary liability for the damage caused by the fault of their duties, in accordance with the law on obligations and contracts.
Chapter thirteen
SKI RUNS. Species. USE, MAINTENANCE AND SAFETY. PROVIDED TRAVEL SERVICES
Art. 151. (1) the territory of ski slopes regardless of ownership – State, municipal or private, is publicly available and training in sport it can only offer ski schools with qualified ski teachers, listed in the national tourism registry.
(2) The parts of the territory of access can be restricted only in cases related to national security and defense of the country, the conservation of protected areas and sites, where danger to the health or life of humans, and in other cases specified by law.
(3) the restriction under paragraph 1. 2 it is permissible in cases where this is necessary for processing the ski slopes, in overtime of the lift and vlekovite facilities, as well as to conduct contests or other events with a view to their nature impose restriction on the use of the ski slope.
(4) on the ski slopes is not allowed the use of motor vehicles or other vehicles that are not ski or snowboard, with the exception of those that are used by the person referred to in art. 157, para. 1 for processing, to ensure order and safety on the slopes or in an emergency situation, as well as those that are used by persons involved in mountain rescue and/or medical teams.
Art. 152. (1) the use of tourist facilities – ski slopes, and the provision of tourist services in their territory should be secured and the information secured.
(2) the types of ski runs in the Al. 1 are:
1. for Alpine skiing and snowboarding – a distinct, signaliziran and secure inclined mountain terrain for racing or amateur skiing and snowboarding;
2. for ski running – separate, secured and brought mountain route for practicing cross-country skiing race of races or cross-country skiing amateur;
3. children's ski areas;
4. snow parks.
Art. 153. (1) the ski slopes can be solo or organized in the ski area with certain limits, which cover the slopes with varying complexity and purpose, the links between them, trails and cableways for the carriage of people.
(2) the Ski paths and routes, forming a link between the ski slopes and areas for movement of tourists must be protected and secured.
Art. 154. (1) the requirements for safety and security information under art. 152, para. 1 and art. 153, para. 2 are:
1. determine the degree of complexity of the ski slope according to the nature and profile of the terrain, which is appropriately disclosed to the tourists: a) green – for beginners;
(b)) blue-light track;
Red medium) – track;
d) black – difficult track;
2. placement in a prominent place on the territory of the ski slope, as well as in places of accommodation, situated in the immediate vicinity of the track, the binding rules for safe behaviour of tourists skiers determined by the Ordinance under art. 159;
3. preventing the use of the ski slope at the same time for skiing, sledding, tourists and others as well as for take-off and landing of paragliders and deltaplaneristi of neobosobeni places;
4. prevent the movement of vehicles on the slopes during the time when they are open, with the exception of vehicles for maintenance of the track and rescue, in the presence of the necessary signalling;
5. maintenance of the territory of the ski slope;
6. maintenance of the Web page with information about the resort, ski (description, length, complexity, service), for the facilities (type, destination and length), for the services and attractions and other information;
7. placing the information and warning signs and signals and the nameplates on the territory of the ski track in accordance with the requirements of the Ordinance under art. 159.
(2) the Mayor of the municipality or joint mayors of municipalities concerned, on whose territory the mountain resort, with a warrant approved rules to ensure compliance with the public order in the territory of the ski slopes – part of the resort, and shall monitor compliance with them.
(3) under para. 2 shall be carried out and of the ski patrol.
Art. 155. (1) the Minister of economy, energy and tourism creates with a Commission to determine the type of ski slopes in accordance with art. 156, para. 1, item 1 and their safety, hereinafter referred to as "the Commission".
(2) the activity and the Organization of work of the Commission is governed by regulations issued by the Minister of economy, energy and tourism.
(3) the order under paragraph 1. 1 is determined the composition of the Commission, which included representatives of the Ministry of economy, energy and tourism, the Bulgarian Federation "ski" and the National Association of professional ski instructors and ski schools.
(4) at the discretion of the Minister of economy, energy and tourism in the composition of the Commission may be included and other experts in the field of snow sports.
(5) the Commission shall carry out checks to determine the type of ski slopes and their safety after a request to the Minister of economy, energy and tourism by the owner or the person you are granted rights of use on the adjacent to the ski track facility.
Art. 156. The maintenance of territory of ski slope under art. 154, para. 1.5 includes the following activities during the summer, winter, respectively:
1. Recultivation of pitch: greening up the exposed areas, mowing, cleaning out the heavy vegetation, removal of stones, rock pieces, trunks, holes and other irregularities caused by rain and erosion, drainage, drainage, building of fortification škarpi;
2. snegout″pkvane, creating artificial snow, placement of permanent and temporary fencing, obezopasâvaniâ.
Art. 157. (1) the owner or person you are granted rights of use on the adjacent to the ski track facility – lift and/or lift (gondola or Chair), provides the service use of cableways and be required to perform or to ensure fulfilment of the requirements of art. 154.
(2) on the territory of the ski area may provide the following additional tourist services:
1. training in sport (ski school);
2. rental of the ski and snowboard equipment;
3. servicing of equipment;
4. activities for children in designated children's ski area and/or snow park.
(3) Activities for children in al. 2, item 4 and the use of the ski slopes and facilities to them than children are organized in compliance with the requirements of the Ordinance under art. 79, para. 5. Art. 158. (1) on the territory of the ski slopes should be ensured completion of rescue activities.
(2) the price of the card for the use of the facility can be incorporated and mountain insurance.
Art. 159. the Council of Ministers shall adopt Ordinance for the security and information security of the ski slopes in the Republic of Bulgaria, as well as for determining the safety rules on the territory of the ski slopes and the ski areas and to the Organization of work of the ski patrol.
Chapter fourteen
BEACHES. Species. USE AND SAFETY
Art. 160. (1) the use of tourist facilities – beaches, and provision of tourist services in their territory should be secure, information provided and in accordance with the relevant health conditions.
(2) the beaches under para. 1 are:
1. beaches to natural bodies of water: sea, River and Lake;
2. artificial beaches bodies of water: dams and to swimming pools.
(3) the owners or holders of rights are granted for use on beaches, are required to ensure securing the beach, information security and compliance with the health requirements in accordance with the rules laid down in the Ordinance under art. 78 a, para. 2 of the law on health.
Art. 161. (1) the Governor, on whose territory lie the beaches under art. 160, para. 2, creates with a Commission for vodnospasitelnata activity and safety of the beaches, hereinafter referred to as "the Commission".
(2) the activity and the Organization of work of the Commission is governed by regulations issued by the District Manager.
(3) the order under paragraph 1. 1 is determined the composition of the Commission, which includes representatives of the oblast administration and one representative of the centres, the municipal administration, in whose territory is the beach, and the regional directorates of the Ministry of the Interior.
(4) The composition of the Commission of the areas with adjacent sea beaches include representatives of the Executive Agency "maritime administration".
(5) at the discretion of the District Manager in the composition of the Commission may be included and other representatives of the Central and local public authorities.
(6) Annually, in the period April-October regional governors of regions of Dobrich, Varna and Bourgas provide the Minister of regional development and public works monthly reports and information on the overall situation, the results of the checks carried out, the recommendations made, the penalties imposed and other marine beaches, located on the territory of the district.
Art. 162. the Commission shall carry out control for compliance with the requirements of the Ordinance under art. 78 a, para. 2 of the law on health, including:
1. check the condition of the beaches before the bathing season and submit to the Governor the results and conclusions from it;
2. carry out a risk assessment on the beaches and advised the owners or persons having submitted their operational rights to the extent of their security.
Art. 163. by 30 April Annually District Governors or officials authorised by them, on whose territory are the beaches, issued a warrant for the prohibited and permitted bathing beaches on the basis of the findings under art. 162, paragraph 1 to the Commission.
Art. 164. the Council of Ministers shall adopt Ordinance for the correct and safe operation and maintenance of technical elements to embed, filtration and pumps to swimming pools – solo or adjacent to properties.
Chapter fifteen.
A SINGLE SYSTEM FOR TOURIST INFORMATION
Art. 165. (1) the Minister of economy, energy and tourism and Chairman of the National Institute of statistics, develop and maintain a uniform system for tourist information, which includes the national travel directory, travel information and statistical data on tourism in accordance with the requirements of the Statistical Office of the European Union – EUROSTAT, and the World Tourism Organization.
(2) the Council of Ministers shall adopt Ordinance for the Organization of the single system for tourist information on the proposal of the Minister of economy, energy and tourism and the President of the National Institute of statistics.
Art. 166. (1) in the Ministry of economy, energy and tourism is led and supported National Tourist directory which contains information on:
1. the scheduled tour operators and travel agents:
(a)) the number of the certificate of registration, respectively, of the document certifying the right to carry out such activity;
(b)) types of tourist activities;
in the company) headquarters and registered address of the person entered management;
d) address of offices for the exercise of the activity, telephone, fax, e-mail, website;
e) email address on website activities by electronic means;
mailing address) within the territory of the country with all State institutions, as well as telephone, fax, e-mail address;
g) single tax identification code or registration code, or other identification, used in the Member State of the European Union;
h) the names of the person (s) with the right to manage and/or represent the person entered;
and the person with the names) features the tour management and/or the travel agency business;
k) number of the order of the Minister of economy, energy and tourism or authorised by him for official registration of dissolution or cancellation of the registration;
l) number and date of the insurance contract under art. 98, para. 1 the name of the insurer, the period of validity of the insurance and the insurance amount;
m) applied coercive administrative measures and penalties under this Act;
n) the number of the duplicate of the certificate of registration;
2. rated properties and adjacent to them dining and entertainment, private dining and entertainment, tourist cabins, tourist offices, bedrooms and adjacent to them and persons who carry out activity in them:
(a) the number of the certificate);
b) type of object;
in the name of the site);
(d) the address of the object), telephone, fax;
(e) the category of the object);
is the capacity of the site) – number of rooms/apartments/studios and number of beds; respectively: number of places outdoors and indoors;
g) company/name and registered office/permanent address of the owner of the object;
h) single tax identification code or registration code, or other identification, used in the Member State of the European Union, the owner of the object;
and,) the name and address of management headquarters, the single tax identification code or registration code, or other identification, used in the Member State of the European Union, of the person making the hotels or restaurants on site, telephone, fax, e-mail address;
k) date from which the person operates on the object; the period of validity of the category;
(l)) date of suspension of the certificate for the category and the period which shall be suspended;
m) the file number of the application for the establishment of the category;
n) number and date of the order of the kategoriziraŝiâ authority to determine the category for refusing to lower or termination of the category;
o) implemented compulsory administrative measures and penalties under this Act;
p) issued a duplicate of the certificate for the category;
3. organisations for the management of tourist areas:
(a)) the name and address of the Organization's headquarters, telephone, fax, e-mail, website;
b) sphere of activity;
in) the names, telephone, fax and e-mail address of persons representing the Organization;
(d) the order of numbers) the Minister of economy, energy and tourism for the registration of the Organization in the register;
4. tourist associations:
(a) the name and registered office) address of the Association, telephone, fax, e-mail address, website;
(b)) types of Association;
the number of the) Court case, the batch register, volume and page in case the registration of the Association, the uniform identification code, the registration number in the register of the Ministry of Justice, if the Association carries out activities in the public interest;
d) names, telephone, fax and e-mail address of persons representing the company;
e) type and nominal composition of the governing body;
is) the number of members in the Association organizations and persons;
5. tourist information centres:
(a) the legal form);
(b)) the location of the tourist information centre;
in) the names of the person who manages the tourist information centre;
d) telephone, fax and e-mail address of the tourist information centre;
e) offered additional tourist facilities;
6. certified health (medical Spa), Spa, wellness and Thalasso centres:
(a) the number of the certificate);
(b) the duration of the certificate);
in) type of object;
(d) the name of the site);
(e)) the address, telephone, fax and e-mail address of the object;
is the name) and address of headquarters management, identification code, respectively, the name and the permanent address of the owner of the facility, telephone, fax, e-mail address;
(g)), the name, seat and address of management, identification code, respectively, the name and permanent address of the person you are granted rights of use on the site, telephone, fax, e-mail address;
(h)) the file number of the application for grant of a certificate;
and the order of numbers) the Minister of economy, energy and tourism for issuing of certificate for refusal or cancellation of the certificate;
k) the penalties imposed under this Act;
l) issued a duplicate of the certificate;
7. chartered tour guides, included in a list containing the name, contact details-address, phone, e-mail address of the corresponding guide, languages in which you will practice your profession, a way of exercise, number of the identity card and an order for cancellation;
8. chartered mountain guides, included in a list containing the name, contact details-address, phone, e-mail address of the mountain guide, mode of exercise of the profession, the number of his identity card and an order for cancellation;
9. chartered ski teachers, included in a list containing the name, contact details-address, phone, e-mail address of the ski instructor, ski school, which will exercise their profession, number of the identity card and an order for cancellation.
(2) in the national tourist directory in a separate section fit applicants for registration, categorization and for certification, and describe the number and type of attached documents. The entry shall be made in the order in which applications are submitted and noted the movement of file for entry in the register and for issuing of certificate/certificate.
(3) in the national tourist directory keep all modifications of the scheduled circumstances.
(4) the entry in the national register travel is carried out in compliance with the requirements of the data protection act.
Art. 167. (1) the mayors of municipalities are obliged to keep a register in the order of the Ordinance under art. 165, para. 2 all categorized by them on the territory of the municipality tourist sites and to provide information on the entries in that register in the Ministry of economy, energy and tourism, within 30 days of the date of the order to the category of tourist facility.
(2) the records referred to in para. 1 are an integral part of the national tourism registry.
Art. 168. (1) the entries in the registers under art. 166, para. 1 and art. 167 by Minister of economy, energy and tourism or the authorized officer thereof, respectively, by the Mayor of the municipality or of an official authorised by him officially.
(2) in the event of a change of circumstances in the records referred to in para. 1 the person entered an application form to the Minister of economy, energy and tourism, according to the Mayor of the municipality, in order to reflect the change in the legal deadlines by the occurrence.
(3) an application under subsection. 2 applicable documents certifying the change and a document for paid fee for the registration of changes in the circumstances in accordance with the tariff referred to in art. 69, para. 3. Art. 169. (1) in the event of a change of ownership of the categorized properties and adjoining to them dining and entertainment, private dining and entertainment, tourist lodges and spinoff eateries or in the event of a change of ownership of a certified person objects, acquired the property, submit an application form and the required documents to the kategoriziraŝ or a certification body to reflect the changed circumstances in the relevant registers.
(2) in the event of a change of the person carrying on business in categorized and certified tourist sites under para. 1, the person who will carry out activity, submit an application form and the required documents to the kategoriziraŝ or a certification body to reflect the changed circumstances in the relevant registers.
(3) in the cases referred to in para. 1 and 2 defined category of tourist facility, respectively issued certificate is stored.
Art. 170. (1) the Minister of economy, energy and tourism or authorised by him officer required operational statistics for analytical and forward-looking goals in tourism by persons registered to perform tourist activities by persons carrying on a business in the tourist sites, categorized by State and municipal authorities and tourist associations, which they are required to provide.
(2) at the request of the persons referred to in para. 1 Minister of economy, energy and tourism or an official authorised by him is obliged to provide them with analytical information.
(3) the Ministry of the Interior provides a monthly of the Ministry of economy, energy and tourism statistics for the border entries of foreign nationals in the Republic of Bulgaria and the Bulgarian nationals travel in order to travel abroad.
(4) the collection of statistical information by the General Directorate for border police shall be carried out in an official way, without requiring from the Bulgarian border crossing persons to fill out forms or other documents, except those relating to customs control.
Chapter sixteen
CONTROL
Art. 171. (1) the control of compliance with the law and issued on the basis of legal acts it is done by:
1. the Minister of economy, energy and tourism;
2. the Commission for the protection of consumers;
3. District Governors;
4. the mayors of municipalities;
5. the Chairperson of the State Agency for metrological and technical supervision or an official authorised by him.
(2) the bodies referred to in para. 1, item 1, 2 and 4 are required to coordinate its activities under this Act with supervisory authorities in other laws.
Art. 172. officials authorised by the authorities under art. 171, para. 1, item 1, 2, 4 and 5, and art. 161, para. 1 created by District Governors shall be entitled:
1. to conduct on-the-spot checks and in documents;
2. free access to tourist sites subject to monitoring;
3. to request documents, data, information, reports, and other storage media of the controlled persons as representing not divulge information covered by professional or business secrecy, became known to them or on the occasion of the performance of their duties;
4. to give obligatory prescriptions for removing disparities and violations under the Act and issued on the basis of his acts;
5. to attract experts in the relevant field, when an inspection is require special knowledge or skills.
Art. 173. (1) the officials authorised by the President of the Commission for the protection of consumers, have the right:
1. access to all documents, related directly or indirectly to the violation of this law or of the law of the Member States of the European Union, establishing the requirements of Council Directive 90/314/EEC on tourist trips with the total price, regardless of the form of the document;
2. to order any person to provide information relating to violations under item 1, which are known to him.
(2) the Commission for consumer protection have the right to:
1. order the offender, in writing, to end the infringement under para. 1, item 1;
2. require the offender to declares that it will cease the infringement under para. 1, item 1 and, if necessary, to compel him to make a statement in the public domain;
3. order the cessation or prohibition of any infringement on al. 1, item 1 and, if necessary, to make an order for the cessation or prohibition of the infringement in the public domain.
Art. 174. during the inspection, connected with determination of the category of tourist facility, officials authorised by the Minister of economy, energy and tourism and from the mayors of municipalities shall draw up protocols. In the minutes reflect the facts and circumstances and given compulsory requirements with an indication of the time limit for their removal.
Art. 175. (1) the infringements of the requirements of the Act and the regulations adopted and issued for its implementation, officials authorised by the Minister of economy, energy and tourism, by the President of the Commission for the protection of consumers, of the mayors of the municipalities, as well as the art. 161, para. 1 compile the acts establishing the infringement in accordance with the law for the administrative offences and sanctions.
(2) for the imposition of administrative penalties, the Minister of economy, energy and tourism, the President of the Commission for the protection of consumers, district governors, mayors of municipalities, and Chairman of the State Agency for metrological and technical supervision issued the penal provisions on the procedure of the law for the administrative offences and sanctions.
Art. 176. the Minister of economy, energy and tourism or an official authorised by him by order:
1. lowered the category of tourist sites rated by him under art. 3, al. 2, item 1 – 3 in the case of failure to comply with the requirements of art. 114, item 2, on a proposal from the Commission for the protection of consumers; the proposal applies all the administrative file on the establishment of the administrative offence;
2. stop the activity of tour operator failure of the obligation under art. 105 to the compensation of all users.
Art. 177. (1) the Commission for the protection of consumers carried out a posteriori checks for compliance with the requirements of the law with the exception of art. 168, para. 2 and art. 169, para. 2:
1. the tour operators and travel agents;
2. categorization of tourist objects of art. 3, al. 2, t. 1-3;
3. certification of tourist objects of art. 3, al. 2, item 5;
4. the owners or persons with rights of use on the adjacent to the ski track facility;
5. guides, mountain guides and ski teachers.
(2) the President of the Commission for the protection of consumers or authorized by officials as a result of checks at al. 1:
1. apply a coercive administrative measure "temporary closure of tourist facility" under art. 3, al. 2, item 1 – 3 and 7 where:
a) carrying out the tour operator and/or travel agency activity without a certificate of registration;
(b)) non-conclusion of an insurance contract "the responsibility of the tour operator" on the part of the tour operator;
in) the provision of tourist services in the nekategoriziran tourist object and an object with stopped-category in the cases under art. 136;
(d)) the provision of tourist services in the nesertificiran tourist site;
e) repeated refusal of access to the tourist site of the person making the activity on the site, or the repeated refusal of the required verification documents;
2. notify the Minister of economy, energy and tourism in cases of persistent violations of the requirements of this Act and the regulations for its implementation by the tour operators and travel agents;
3. notify the kategoriziraŝiâ authority in the cases under art. 137, para. 1, item 7 – 10 for categorized tourist objects of art. 3, al. 2, item 1 – 3, as well as in the application of the compulsory measure under para. 1, item 1;
4. notify the Minister of economy, energy and tourism in cases of persistent violations of the requirements of the Ordinance under art. 138, para. 3 for certified tourist objects of art. 3, al. 2, item 5;
5. notify the kategoriziraŝiâ authority in cases of violations of the requirements of art. 114, item 2 for rated tourist objects of art. 3, al. 2, t. 1-3;
6. notify the Minister of economy, energy and tourism, in the case of failure to comply with the obligations under the law and the Ordinances under art. 146, para. 2 by tour guides, mountain guides and ski teachers;
7. may require information, documents and the assistance of other competent government bodies and individuals.
(3) the compulsory administrative measure under para. 2, paragraph 1 shall apply to the removal of the violation.
(4) the President of the Commission for the protection of consumers within 7 days notify the kategoriziraŝiâ authority for the compulsory administrative measure under para. 2, item 1 on the entry in the respective tourist directory.
(5) the Commission for the protection of users, monitor the implementation of the obligations of tour and travel agents:
1. Regulation (EC) No 1107/2006 as the national authority responsible for its implementation;
2. Regulation (EC) No 181/2011.
Art. 178. (1) the District Governors carried out controls for compliance with the requirements of the Ordinance under art. 160, para. 3 through commissions under art. 161, para. 1.
(2) regional governors as a result of checks at al. 1 impose fines and financial penalties and implement compulsory administrative measure "prohibition on the use of the beach".
(3) the compulsory administrative measure under para. 2 shall apply to the removal of the violation.
Art. 179. (1) the mayors of the municipalities carry out controls for compliance with the requirements of the law:
1. for the categorisation of tourist objects of art. 3, al. 2, item 1 and 2;
2. rated of them tourist objects of art. 3, al. 2, item 1 and 2;
3. under art. 116, para. 1 and 3 for all properties in the municipality;
4. to comply with the rules of art. 154, para. 2.
(2) the mayors of municipalities as a result of checks at al. 1:
1. impose fines and financial penalties;
2. terminate the rated of them tourist objects of art. 3, al. 2, item 1 and 2 in the cases under art. 137, para. 1;
3. downgrade rated of them tourist objects of art. 3, al. 2, item 1 and 2 in the case of failure to comply with the requirements of art. 114, item 2;
4. notify the Minister of economy, energy and tourism, in the case of failure to comply with the obligations under art. 116, para. 1 and 3 for rated thereof tourist objects of art. 3, al. 2, t. 1-3;
5. may require information, documents and the assistance of other competent authorities and persons;
6. notify the President of the Commission for the protection of consumers in the case of infringements in tourist objects of art. 3, al. 2, item 1 – 3 for the implementation of the tourist activity in the nekategoriziran tourist facility for the application of the compulsory administrative measure "temporary closure of tourist site".
Art. 180. (1) the Chairman of the State Agency for metrological and technical surveillance monitoring for compliance with the requirements of the Ordinance under art. 164.
(2) as a result of checks at al. 1 the President of the State Agency for metrological and technical surveillance, impose fines and financial penalties and apply coercive administrative measure "temporary closure of tourist facility" in cases where the offence endangers the life and security of the users.
(3) the compulsory administrative measure under para. 2 shall apply to the removal of the violation.
Art. 181. The instruments for the application of enforcement measures are issued, appeal and implemented in accordance with the procedures of the administrative code.
Chapter Seventeen
ADMINISTRATIVE PENAL PROVISIONS
Art. 182. (1) carrying out the tour operator and/or travel agency activity without registration certificate or, in the cases under art. 65, without notifying in advance the Minister of economy, energy and tourism, shall be punished with fine in extend 5000 BGN, and for sole traders and legal persons having penalty payment in the amount of 10,000 EUR
(2) when the offence under para. 1 was committed reactivation, the fine is $ 15,000, and the proprietary sanction is 30 000.
(3) If, as a result of the offence under para. 1 medium or caused mayhem on the consumers of the services provided or death occurred, established by judgment or judgment of a competent court, in addition to the penalty, respectively the proprietary sanction under para. 1 and 2, the guilty persons having the prohibition under this Act for a period of two years.
(4) the punishment accordingly, the proprietary sanction under para. 1, and the person in organizing the group or individual tour travel invoice with separate invoices rendered tourist services, referred to in § 1, item 70 of the additional provision, which covers a continuous period of time, or the extra tourist services in combination with travel and accommodation.
Art. 183. (1) on a tour operator or travel agent who performs tourist activity in a room which does not satisfy the requirements of this Act, a penalty payment in the amount $ 500.
(2) for a second offense the proprietary sanction is $ 1000.
(3) there is no breach under para. 1 in the event that the person has received a certificate of registration for the carrying out of the activity only electronically.
Art. 184. (1) where the rent is carried out by a person with management functions of the activity that does not comply with the requirements of this law for education, experience and language skills, the tour operator shall receive financial penalties representing in the amount $ 500.
(2) for a second offense the proprietary sanction is $ 1000.
Art. 185. The tour operator or travel agent, who did not put his certificate of registration in a conspicuous place in the tourist site, the penalty payment in the amount 2000 BGN.
Art. 186. (1) on a tour operator or travel agent, who in the course of his business, signed an agreement with an unregistered tour operator under this Act or a travel agent, the person carrying out the tourist activity in the nekategoriziran or the nesertificiran tourist site, with unlicensed carrier or insurer, with tour guides, mountain guides and ski teachers, a penalty payment in the amount 2000 BGN.
(2) when the offence under para. 1 was committed reactivation, the proprietary sanction of BGN 5000.
Art. 187. The tour operator that does not grant or not grant tourist voucher to the tourist, a penalty payment in the amount of 1000 to 2000 BGN.
Art. 188. The travel agent, who did not provide tourist voucher to the tourist, a penalty payment in the amount $ 1000.
Art. 189. The travel agent who issued their own travel voucher, a penalty payment in the amount $ 5000.
Art. 190. The tour operator, which issue or provide a tourist voucher, not containing all the required requisites, having the penalty payment in the amount of 500 to 1000 EUR
Art. 191. The travel agent who has issued or does not provide the reservation form to the tourist, a penalty payment in the amount of 250 to 500 EUR
Art. 192. A travel agent that issue or provide reservation form, not containing all the required requisites, having the penalty payment in the amount of 100 to 300 euro.
Art. 193. The tour operator or travel agent, which carries on business in the premises, where it is carried out and other activities unrelated to the provision of basic and additional travel services, a penalty payment in the amount $ 500.
Art. 194. The tour operator or travel agent, who did not provide any of the user information under art. 80, al. 1 or 4, penalty payment ranging from 500 to 1000 EUR
Art. 195. The tour operator, which changes the terms of the information provided to the consumer in violation of the provisions of art. 80, al. 3, a penalty payment of 500 to 1000 EUR
Art. 196. (1) on a tour operator or travel agent, who did not provide in writing to the user all terms of the contract before its conclusion, the penalty payment in the amount of 500 to 1000 EUR
(2) the pecuniary penalty under para. 1 are not required in the cases under art. 81, para. 3.
Art. 197. (1) The tour operator that does not enter into a contract under art. 82, para. 1, the penalty payment in the amount 2000 BGN.
(2) The tour operator who enters into a contract under art. 82, para. 1, the content does not contain the requisites under art. 82, para. 3, a penalty payment in the amount of 500 to 1000 EUR
(3) The tour operator who violates the provisions of art. 82, para. 10, the penalty payment in the amount $ 1000.
Art. 198. The tour operator who violates the provisions of art. 83, having penalty payment in the amount $ 3000.
Art. 199. The tour operator who violates the provisions of art. 84, penalty payment in the amount $ 3000.
Art. 200. The tour operator or travel agent, which does not provide the user in writing after the conclusion of the contract, but not later than 7 working days before the start of the journey, the information under art. 86, para. 1, the penalty payment in the amount $ 500.
Art. 201. The tour operator or travel agent who violates the provisions of art. 87, penalty payment in the amount $ 500.
Art. 202. The tour operator who violates the provisions of art. 88, a penalty payment in the amount of 500 to 2000 BGN.
Art. 203. The tour operator that does not submit to the Minister of economy, energy and tourism a copy of the contract for insurance under art. 97, para. 1 in terms of art. 100, a penalty payment in the amount $ 1000.
Art. 204. (1) The tour operator who does not notify the insurer in writing with a copy to the Minister of economy, energy and tourism on the occurrence or became aware of circumstances that could lead to the occurrence of the insurance event, the penalty payment in the amount $ 3000.
(2) The tour operator, which in case or became aware of circumstances that could lead to the occurrence of the insurance event does not provide the insurer with a copy to the Minister of economy, energy and tourism written information for vendors and suppliers or don't cooperate with him, having a proprietary sanction in the amount 2000 BGN.
Art. 205. a penalty payment in the amount of 2,000 to 10,000 BGN. to:
1. the tour operator or travel agent who fails to fulfil its obligations under art. 3 of Regulation (EC) No 1107/2006;
2. the tour operator or travel agent, who did not draw up safety rules and restrictions that violate the provisions of art. 4 (3) of Regulation (EC) No 1107/2006;
3. the tour operator or travel agent who fails to fulfill the obligation under art. 4 (4) of Regulation (EC) No 1107/2006;
4. the tour operator or travel agent, who did not provide information on the need to assist the person with a disability or with reduced mobility of the airport operator pursuant to art. 6 of Regulation (EC) No 1107/2006;
5. the tour operator or travel agent who fails to fulfil its obligations under art. 5, art. 9, art. 10, paragraphs 2 and 5, art. 11, paragraphs 3 and 5, art. 14 (3) and (4) and art. 15 of Regulation (EC) No 181/2011.
Art. 206. (1) which provides tourist facilities in tourist site nekategoriziran under art. 3, al. 2, items 1-3, shall be punished with fine in extend from 500 to 5000 BGN, and for sole traders and legal persons having penalty payment in the amount of 1000 to 10 000 BGN.
(2) when the offence under para. 1 was committed reactivation, the penalty is an amount of 5000 to 8000 EUR, and the proprietary sanction – from 10 000 to 15 000 LV.
Art. 207. (1) which provides tourist services in accommodation with suspended action on the category under art. 136, para. 1, is punishable by a fine of 500 to 5000 BGN, and for sole traders and legal persons having a proprietary sanction from 1000 to 10 000 BGN.
(2) when the offence under para. 1 was committed reactivation, the penalty is an amount of 5000 to 8000 EUR, and the proprietary sanction – from 10 000 to 15 000 LV.
Art. 208. the Hotelier or restaurant owner who in a categorized tourist site provides travel services which do not comply with the requirements for the specified category are punishable by a fine of 200 to 1000 BGN, and for sole traders and legal persons having penalty payment ranging from 1000 to 3000 BGN.
Art. 209. Who in a categorized tourist site under art. 3, al. 2, t. 1-3 do not put information under art. 114, item 3 or don't put it in the specified form, shall be punished with fine in extend from 500 to 100 BGN, and for sole traders and legal persons having penalty payment ranging from 500 to 1000 EUR
Art. 210. the Hotelier, who does not perform his obligations under art. 115 or perform them in a way not specified shall be punishable by a fine of 200 to 2,000 BGN, and for sole traders and legal persons having penalty payment ranging from 500 to 2000 BGN.
Art. 211. A restaurateur who does not fulfill his obligations under art. 117 or perform them in a way not specified having penalty payment ranging from 500 to 2000 BGN.
Art. 212. The hotelier or restaurant owner who enters into a contract with an unregistered tour operator or travel agent, hotelier or restaurant owner who is not entitled to carry out the tourist activity or with unlicensed carrier, shall be punished with fine in extend 500 BGN, and for sole traders and legal persons having penalty payment in the amount $ 3000.
Art. 213. (1) the Hotelier, who does not keep a register of residents and tourists about the number of realized from them nights under art. 116, para. 1 shall be punishable by a fine 1000 BGN, and for sole traders and legal persons having penalty payment in the amount $ 5000.
(2) If the register under para. 1 be fought not in the specified way pursuant to the provision of art. 116, para. 2 person in the Al. 1 shall be punished with fine in extend 500 BGN, and for sole traders and legal persons having penalty payment of up to $ 3000.
(3) the Hotelier, who does not send ežemesečnata reference-declaration under art. 116, para. 3 in the municipality, shall be punished with fine in extend 500 BGN, and for sole traders and legal persons having penalty payment in the amount $ 3000.
Art. 214. That does not put the provisional certificate for an open procedure for categorizing its categorical or symbolism for the tourist facility under art. 3, al. 2, item 1, 2 and 3 in a conspicuous place in the territory of the facility, shall be punished with fine in extend from 500 to 1000 EUR, while the sole traders and legal persons having penalty payment ranging from 1000 to 3000 BGN.
Art. 215. The person providing tourist services in tourist site under art. 3, al. 2, item 1, 2 and 3, in breach of the requirements of art. 4, having a fine of 100 to 500 EUR or penalty payment in the amount of 500 to 2000 BGN.
Art. 216. (1) A person who carries out an activity in a non-certified objects of art. 3, al. 2, item 5, shall receive financial penalties representing in size from 1000 to 5000 EUR
(2) when the offence under para. 1 was committed reactivation, the proprietary sanction is double the amount.
Art. 217. The person who does not put the tourist site under art. 3, al. 2, item 5 in a conspicuous place in the entity having penalty payment in the amount of 1000 to 3000 BGN.
Art. 218. Who does not fulfil his obligation to request a change in the data entered in the national register travel circumstances is punishable by a fine of 100 to 300 BGN, and for sole traders and legal persons having penalty payment in the amount of 200 to 500 EUR
Art. 219. (1) The persons exercising the profession of tourist guide, mountain guide and ski instructor ", without being listed in the national tourism register in accordance with the requirements of this Act, a fine of up $ 1000.
(2) when the offence under para. 1 was committed reactivation, the fine is $ 3000.
Art. 220. (1) The persons exercising the profession of tourist guide, mountain guide and ski instructor, "without the identification card shall be imposed a fine in the amount $ 500.
(2) when the offence under para. 1 was committed reactivation, the fine is $ 1000.
Art. 221. in the non-official of the supervisory authorities in the control sites or in the failure of the supervisory authorities of the requested documents or information, the person carrying out the activity in the site, is punishable by a fine of 500 to 2000 BGN, and for sole traders and legal persons having penalty payment ranging from 1000 to 5000 EUR
Art. 222. The owner or person empowered for the use on adjacent to the ski track facility that fails to fulfil the obligations under art. 154, para. 1, the penalty payment in the amount of 1500 to 5000 EUR
Art. 223. The owner or the person to whom the rights are granted for use on adjacent to the ski track facility, for violations of the Ordinance under art. 159 having penalty payment in the amount of 3000 to 5000 EUR
Art. 224. After the application of compulsory administrative measures temporary closure of tourist facility "or" prohibition on the use of the beach "continues to carry out the tourist activity in the object, is punishable by a fine of 5000 to 10 000 BGN, and for sole traders and legal persons having penalty payment in the amount of 10 000 to 30 000.
Art. 225. For failure to meet the obligations for the provision of information in the Ministry of economy, energy and tourism in a Single system for tourist information is imposed a fine of 100 to 1000 BGN, and for sole traders and legal persons – penalty payment in the amount of 200 to 2000 BGN.
Art. 226. For failure to comply with the obligations under art. 3, al. 4 having a fine of 100 to 1000 BGN, and for sole traders and legal persons – penalty payment in the amount of 200 to 2000 BGN.
Art. 227. (1) Who fails to fulfill the requirement of the competent authorities under this law, if not subject to more severe punishment, is punished with a fine of 250 to 500 BGN, and for engaging in the same violation – with a fine from 500 to 1500 EUR
(2) for the offence under subsection. 1 committed by a legal person or sole proprietor, a penalty payment in the amount of 500 to 1500 EUR and repeated infringement – from 1500 to 3000 BGN.
Art. 228. (1) For violating the rules of art. 154, para. 2 the guilty persons be imposed a fine of 100 to 300 BGN, and for sole traders and legal persons – penalty payment in the amount of 500 to 1000 EUR
(2) in the event of a repeated offence under subsection. 1 the guilty persons be imposed a fine, penalty payment respectively, double the amount.
Art. 229. (1) on individuals, sole traders and legal persons for violations of regulations on the implementation of the law for which no sanctions are provided for in this chapter shall be imposed a fine, penalty, respectively, at the rate of 200 to 1000 EUR
(2) in the recurrence of Pará. 1 having a fine, penalty, respectively, at a rate of 1000 to 3000 BGN.
Art. 230. (1) an official who fails to fulfil an obligation under this Act, is punishable by a fine of 500 to 1000 EUR
(2) for a re-offence under subsection. 1 the fine was double the amount.
Art. 231. (1) For failure to comply with the injunction under art. 173, para. 1, item 2 and al. 2 the guilty persons be imposed a fine of 250 to 1000 BGN, and for sole traders and legal persons – penalty payment in the amount of 500 to 2000 BGN.
(2) in the event of a repeated offence under subsection. 1 the guilty persons are fine, but the sole traders and legal persons – penalty payment in double size.
Art. 232. (1) the acts for the establishment of administrative offences shall be drawn up by officials designated by the Minister of economy, energy and tourism, by the President of the Commission for the protection of consumers, the Chairman of the State Agency for metrological and technical supervision or by officials from the municipal administration, appointed by the Mayor of the municipality.
(2) the penal provisions shall be issued by the Minister of economy, energy and tourism, the President of the Commission for the protection of consumers, the Chairman of the State Agency for metrological and technical supervision, the Governor and the Mayor of the municipality or by officials authorised by them.
(3) the establishment of violations, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.
(4) Acts for the establishment of administrative offences and criminal provisions within the meaning of the law for the administrative offences and sanctions, as well as individual administrative acts for the purposes of the administrative code may be served on any person, which is located in the tourist facility and in civil or employment relationships with the person against whom they are issued.
ADDITIONAL PROVISION
§ 1. Within the meaning of this law:
1. "tourist" is a visitor who is at least 24 hours, thus spending at least one night in a visited destination and purpose of the visit is tourism, recreation, sports, health treatments, business, visiting relatives and friends, pilgrimage, participation in cultural, Congress, Conference or other event. Are not tourists:
a) lives for political reasons, refugees;
b) lives at the political/professional reasons – migrants, members of the armed forces, diplomats, staff of embassies;
c) lives at the political/professional reasons – frontier workers, seasonal workers, couriers;
d) people sent abroad by his company or by its Government as a place of work;
e) transit people and permanent immigrants.
2. "the Tripper" is a visitor who is under 24 hours. Trippers are one-day visitors, cruise visitors and crews of vehicles but without transiting passengers.
3. "domestic tourism" are trips within the country of persons who are permanent residents in it.
4. "inbound tourism" trips in the country are carried out by persons who are not permanent residents in it.
5. "Outbound tourism" trips are of persons residing in the country, outside of it.
6. "sustainable tourism" is any form of development, device or tourist activity that preserves and protects the long-term natural, cultural and social resources and contribute in a positive and balanced way to economic development and prosperity of people living, working or residing in those territories.
7. "the Local Tourist Association" is an association that is created for the development and promotion of tourism in the territory of one municipality and brings together persons engaged in tourist activity or providing additional tourist facilities, as well as other persons who wish to contribute to the development of tourism in the territory concerned.
8. the Regional Tourist Association "is an association that is created for the development of tourism in the territory of two or more adjacent municipalities and brings together local tourist associations, and other organizations wishing to contribute to the development of tourism in the territory concerned.
9. "Branch Tour Association is an association that is created for the development of tourism at the national level and brings together persons engaged in particular tourist activity.
10. "product tour" is an association that is created for the development of a certain type/types of tourism at the national level and brings together tourism associations and persons engaged in tourist activity.
11. "professional Tour Association is an Association of natural persons exercising a profession in the tourism sector, and the legal entities created for the provision of additional travel services.
12. "Evidence for regular organizational life of the Association" are documents and/or the declared circumstances to carry out effective public activity for the development of tourism, which is assessed depending on the subject of the activity, in accordance with the Statute of the Association and article. 50.
13. "tourist destination" is regulated set of economic, social, cultural and environmental activities, carried out in tourist sites with real limits, with the aim of creating, selling and consumption of goods and services, forming the attractiveness of the tourism product (package) with sustainable competitiveness and efficiency.
14. "tourist area" is natural-social system with hierarchical spatial structure (clusters) and borders, with a high degree of concentration of resources and facilities which carry out competitive, efficient and effective travel policies.
15. "tourist attraction" is a natural, cultural or purposefully created object of tourist interest, most often associated with natural, material or intangible heritage and/or historic event or artificially created object, providing recreational facilities with cognitive or educational purposes and/or opportunities for recreation or entertainment.
16. "national resort's urban entity with national significance, as determined for such a decision of the Council of Ministers, which meet the needs arising out of national importance resort, and may be located in the territory of one or more municipalities.
17. "Hotel" is a building or functionally related buildings with a minimum of 15 rooms, which offer basic and additional travel services, related to the residence of tourists. For hotels, built prior to 1 June 2003, and for hotels in settlements or in parts thereof of historical, archaeological, ethnographic, or architectural importance allowed the number of rooms to be smaller by 20 per cent. The hotel has at least one dining and entertainment.
18. "the motel" is a type of roadside residence hotel and service of avtoturisti, situated outside the locality, to an active hub or highway. The motel also has at least one dining and entertainment.
19. "Apartamenten complex" is:
a) residential building of apartments/studios or apartments/studios and rooms that provide tourists accommodation from hotel management company, or
(b) a private individual) territorial group of buildings with apartments/studios or apartments/studios and rooms with a common engineering and tourist infrastructure, offering basic and additional travel services, or
in a private lot) territorial group of apartment hotel and low-rise buildings from massive apartments/studios or apartments/studios and rooms with a common engineering and tourist infrastructure, offering basic and additional travel services.
The apartment complex, regardless of the number and type of buildings, gets a single, General category about the complex, as the difference in the category of various objects in the complex is not allowed. The apartment complex has at least one dining and entertainment.
20. "the village" is a territorial designated group of low-rise villas built with massive general engineering and tourist infrastructure, which offer basic and a variety of additional travel services. The arrangement is by at least 5 villas and there is at least one dining and entertainment.
21. ' tourist village ' is an independent territorial designated group of properties built with common engineering and tourist infrastructure, offering basic and a variety of additional travel services. The arrangement is by at least 5 properties and there is at least one dining and entertainment.
22. the "Villa" is a massive building with low-rise, with a minimum of: porch, living room, two bedrooms, kitchen, dining room, bathroom, terrace and parking spaces.
23. "family hotel" is a building in architectural style, matching the appearance of the village and/or tied with his story, with a capacity of 5 to 20 rooms for accommodation of tourists, which the hotel activity. The site is managed by the host or by hired staff who provide personalized service to guests. The family-run hotel has at least one dining and entertainment.
24. "Hostel" is building for budget accommodations, which is functionally encapsulated as a hostel with private rooms and/or dormitories – male, female and/or mixed. Enjoy shared bathroom, living room, fitted kitchen with dining area.
25. "boarding school" is a building in which the accommodation is usually for a longer period of time, equipped with the most necessary furnishings, facilities, crockery and cutlery for use and self service.
26. "rest" is a place for self check-in with prevailing social functions and infrastructure, health, Spa, sports and other facilities.
27. "Guest House," is a building with low floor-ness in architectural style, matching the appearance of the village and/or is linked to its history, which has a maximum of 10 rooms for accommodation. Guests have shared facilities, such as: living room, kitchen, dining room or space for dining and recreation in the yard. The site is managed by housewives who live in the same building or in the vicinity and care for service and food (breakfast minimum) guests in conditions close to home.
28. "guest rooms" are up to 5 rooms – single or in apartments in a building provided to tourists for overnight stay.
29. "the Guest Apartments are self-catering apartments in a residential building provided to tourists for overnight stay.
30. "Bungalow" is a place for accommodation, built by building structures for seasonal or year-round operation, with bathroom, without a mandatory requirement for the kitchen.
31. "Camping" is guarded terrain with the infrastructure and the necessary conditions for the stay of tourists with their own or rented a tent or a caravan, as well as for car parking and offering tourist services. On the campsite can have bungalows, caravans (temporarily stationary mobile (wheel) accommodation without a mandatory requirement for the kitchen and bathroom), other accommodation, catering and commerce.
32. "Restaurant" is a pub which offer kitchen and confectionery products, alcoholic and non-alcoholic drinks. Customer service is with qualified waiters with the use of special forms of serving.
33. "fast" is a pub which offers a limited range of tipiziran gourmet produce and/or ready packed goods, desserts, soft drinks and alcoholic drinks. There are high bandwidth. Self-handling is the main form of care.
34. "Drinking place" is an establishment that offers a wide range of alcoholic and non-alcoholic drinks and snacks to them.
35. "coffee shop" is a place for an extra meal, which offer bakeries, ice cream, pasta, soft and alcoholic drinks.
36. "Bar" is the institution which offer a wide range of alcoholic and non-alcoholic drinks, cocktails, hot drinks, nuts, confectionery, restricted range culinary products.
37. "the Tourist" is a massive building, designed for short-term relaxation of the tourists, which offer basic and additional travel services. Furnished and equipped with the necessary furniture, equipment, crockery and cutlery for use and self service to tourists. Offers tourist, kraevedska, environmental and other information.
38. travel training center "is a building with training functions. A massive building in or near populated areas and in mountainous areas, architectural and functional built, furnished and equipped to conduct specialized training of personnel serving the tourist and sports activities, as well as vocational training in different types of hiking, mountaineering, orienteering, POTHOLING, water skiing and other sports. Offers educational and sports halls, methodical offices, library, and more. There is developed infrastructure with sports grounds, pitches, suitably identified for training; tagged and trasirani routes and trips necessary for the vocational training of students. Furnished with adequate facilities for training and the necessary furniture, crockery and cutlery for self and service to students.
39. "hostel" is building accommodation for short-term residence for tourists. A massive building, architecturally and functionally built in or near populated areas, in the architectural-historical and ethnographic centres in key mountain centers in coastal recreational areas, the exit points to the mountains, natural and cultural attractions. Equipped with the most necessary furnishings for offering basic and additional travel services. Provides tourist, kraevedska, environmental and other information.
40. "Tourist dining room is dining with own food or on request. It offers a limited range of kitchen products, confectionery, bakery and other products, beer, hot, cold, soft drinks and other beverages. Self-handling is the main form of care.
41. "Tourist buffet" is a limited assortment of prepared and packaged food products, cold and hot sandwiches, pastry and confectionery, beer, hot and cold drinks, and others.
42. "Tourist dining room with servit′orsko service" is a diverse assortment of kitchen and confectionery products, non-alcoholic and alcoholic drinks, beer, hot drinks and more. Comply with the requirements for equipment and service in the restaurant (list-menu, menu, decoration, sofas, wardrobes and other).
43. "a town (medical Spa) Center is a standalone or built to the accommodation centre, located in an urban or resort environment in which health treatments are applied based on natural healing factors (mineral water and/or mud treatment). The Center offers a variety of therapeutic programs that take place in a specialized equipped cabinets, rooms and rooms designed for making the diagnosis, treatment, rehabilitation and prevention. The Center is a medical facility under the medial institutions act.
44. "Health (medical Spa) services" are services that require the use of natural healing factors-mineral water and/or mud treatment, for the conduct of procedures, contributing to the recovery of human health. Balneolečebnite services are performed by medical and non-medical professionals have received their education at an accredited higher education institution.
45. the "Spa" is a standalone or built to the accommodation centre, located in an urban or resort environment in which apply various treatments, programs and rituals involving the use of water-mineral, spring and other authorised by law, and/or healing mud and/or sea water and/or other natural factors, through the application of classic and non-traditional therapeutic methods of impact aimed at relaxation, anti-stress and psycho-physical recovery, and focused on the beauty of the human body. There is a minimum in the spa area: indoor and/or outdoor pool or spa capsule, beauty area there are at least two Office procedures with hydro-massage, Turkish bath or sauna or steam bath, an infrared cabin, a relaxation room.
46. "SPA services" are services that require the use of water (mineral, spring and other permitted by law), as well as mud treatment and/or sea water, and/or other natural factors for classic and non-traditional therapeutic methods of intervention aimed at the recovery of psycho-emotional and physical health, as well as focused on the beauty of the human body. SPA services are carried out by staff with specialized education in the area.
47. "Wellness Centre" is a standalone or built to the accommodation centre, located in an urban or resort environment, in which the use of water and natural factors is not mandatory. The Center offers a variety of recreation and cosmetic-beauty treatments, programs and anti-stress rituals, based on a combination of natural medicinal resources and holistic approaches to achieve physical, emotional, spiritual, intellectual, professional and social well-being of the individual.
48. "Health Services" means services the provision of which do not require the use of natural factors and that are running in the halls and equipped premises which include a variety of classical and medicine aimed at recovery of psycho-emotional and physical health and focused on the beauty of the human body. Wellness services are carried out by staff with specialized education in the area.
49. "Thalassotherapy Center is a standalone or built to the accommodation centre, located in an urban or resort environment close to the seaside, offering programs and rituals involving the use of sea water and/or natural products, and/or limanna CAL, through classic and non-traditional therapeutic methods of intervention aimed at the recovery of psycho-emotional and physical health, as well as focused on the beauty of human body taking place in specialized equipped cabinets, halls and premises. The activity is guided by a doctor with a specialty in physical medicine and rehabilitation.
50. "Thalassotherapy services" are services that require the use of sea water and their products, as well as mud treatment and/or other natural factors for classic and non-traditional therapeutic methods of intervention aimed at the recovery of psycho-emotional and physical health, as well as focused on the beauty of the human body. Talasoterapevtičnite service consult and implement of medical and non-medical professionals have received their education at an accredited higher education institution.
51. "ski slope" has been made available to the public, separate and secure mountain area that are offered and consume tourist services linked to the practice of skiing (Alpine skiing, snowboarding and cross-country skiing).
52. "Rotel" mobile Hotel representing a wagon with single and double rooms. During the day, tourists are introduced to different cities and their monuments, and sleep on the train.
53. "Botel" was a small water Hotel (neplavaŝ), and as such can be used accordingly equipped vessel.
54. "Flotel" is a floating hotel, consisting of a specially equipped vessel. The tourists provide comfortable rooms-cabins, facilities for active rest, rooms for negotiations, conferences, congresses, communications funds, bars and restaurants.
55. "Hospitality" is the provision of accommodation and other services according to the type and category of the object.
56. "Hotelier" is a person who carries out the hospitality in all kinds of categorized by law or issued a temporary certificate for an open procedure to categorize properties, tourist cabins, tourist offices and tourist bedrooms.
57. "eating out" is the provision of tourist services in specific forms of care according to the type of tourist facility.
58. "Restaurateur" is a person who carries out the restaurants in all kinds of categorized under dining and entertainment (solo and adjacent to properties) and eateries adjacent to tourist cabins.
59. "rent" is the Organization of group and/or individual tourist trips with the total price offered for sale, either directly or through a travel agent for the purpose of tourism, recreation, entertainment, business, participation or visit the events with cultural and cognitive nature of Congress and business events, or for a different purpose.
60. "tour operator" means a person registered under this Act or registered in the register of tour operators and travel agents to carry out the tour operator activity.
61. "Tourist Agency activity" is carrying out mediation in: sales of organized travel with total cost of end users; passenger aviation, water and bus transport; reservation, visa and other travel services as well as insurance-related tourist travel.
62. "travel agent" is a person, registered under this law or entered in the register of tour operators and travel agents to carry out tourist agency activity.
63. "freedom to provide services of the tour operator and/or travel agent" occurs when a person who has the right to exercise agency and/or travel agency activity under the legislation of another Member State of the European Union, will carry out this activity temporary or one-time without establishment on the territory of the Republic of Bulgaria.
64. "the Tourist voucher" is a document in the accounts, certifying the existence of a contract between the tour operator and tourist as a consumer of organized tour trip with the total price or the sale of basic and/or additional/and/and/tourist service.
65. "Booking form" is a document in the accounts, certifying the existence of a contract between the travel agent and the tourist as a consumer of a main or additional tourist service, when they are not part of an organized tour trip with total price.
66. "tourist product" means all of the specific economic activities and natural and anthropogenic conditions and resources within a given territory, offered and consumed by tourists during his trip.
67. "Organized group and individual travel with total price are travel:
a programme in advance), involving a combination of at least two of the following services: AA) transport;
BB) accommodation;
BB) other tourist services not relating to transport or accommodation and forming a significant part of the trip, and
(b)) are offered or sold at a price that includes all costs, and c) are for a period longer than 24 hours or include overnight accommodation.
68. the "basic provisions of the Treaty for an organized tour trip with total price: the price, the date of departure and arrival, length of stay, the route of travel, the type of transport used, the location, type and category of accommodation.
69. "the Basic tourist services are accommodation, meals and transportation.
70. "Additional travel services" are services associated with travel, entertainment, events, and other events with cultural and nature exploration, Congress and business events (Organization of meetings, conferences, seminars, trainings, presentations, and other corporate events), sports and cartoons and vodnoatrakcionni services, health, Spa and wellness facilities, free use of cable cars, rental of beach equipment, ski equipment, vehicles and vessels for sport , tourism and recreation, services provided by schools and clubs for dancing, riding, sailing and other water sports, ski services, schools and other services offered and consumed by tourists during their travel and stay.
71. "Kids camp" is a form of organization and carrying out of children's and school trips with a total price which is realized in compliance with the special rules.
72. "related persons" are:
a) spouses, lineal relatives – without limitations, collateral – up to the fourth degree inclusive, and relatives by marriage – up to the third degree inclusive;
(b) the employer and employee);
c) any person who participates in the management of the company on the other;
d) partners;
e) company and a person who holds more than 5 percent of the shares and the shares issued with voting rights in a company;
f) persons whose activities are directly or indirectly controlled by a third person;
(g)) persons who together they directly or indirectly control a third person;
(h)) persons, one of which is the commercial representative of the other;
and) person who participates in the management of the company to carry out the same activity in the same place and with more than half of the same employees for two years from the termination of the activity of the other.
73. the "Guide" is a person entered in the register of National Tourism exercise of the profession of "tourist guide", which in the implementation of the programme of the tourists meet natural-geographical, socio-economic development and cultural heritage of the country.
74. "mountain guide" e party entered in the national register travel for the exercise of the profession of a mountain guide, "leading and accompanying tourists in the mountain and the natural environment, as during the implementation of the selected route takes care of the security of tourists and gives them information about natural-geographical features and landmarks.
75. "instructor" is a person entered in the register of National Tourism exercise of the profession of ski instructor, "which educates tourists in snow sports (skiing, snowboarding, cross-country skiing, and others) to the ski school.
76. "ski school" is a legal person – trader within the meaning of the commercial code, the requirements for the activities of which are regulated by the Ordinance under art. 146, para. 2.
77. "children's ski area is a designated area for the practice of sport by children up to 6 years of age. It is equipped with appliances from snow and other materials, which guarantees secure and safe practice of snow sports, according to the age characteristics of children.
78. "Snow Park" is a designated area for practicing ski and snowboard freestyle. It is made up of different appliances made of snow, and other materials, arranged in zones with different configuration and degree of difficulty. Provides safety and security practitioners.
79. A document certifying knowledge of languages "is a diploma, certificate, certificate or other document certifying successful completion of the exam in a foreign language in high school, school, profiled class in secondary school, high school or vocational school or a language course.
80. "organized and school tour travel" is an organized trip, in which users of travel are people up to 19 years accompanied by adult persons.
81. "daylight hours" includes the period from sunrise to the sunset according to the national weather service.
82. "the User organized individual or group travel with total price" is a person:
a) which contract for travel with the total price, or
b) consenting to enter into a contract for travel with the total price, or
c) on whose behalf and/or in whose benefit has concluded or is agreed to be under contract for travel, or
(d)) for the benefit of which is transferred with a total tour cost trip according to art. 91, para. 1.
83. the "brand" is the unique combination of emotional and rational perception of a destination and the type of product that it offers, distinguished it from rival destinations such as most suitable for the respective target market segments.
84. "Re" is the infringement was committed within one year of the entry into force of the decree by which the offender was punished for the same offence.
85. "Systematic violation" was present when within two years are made three or more administrative violations of this law.
86. "Repeated failure" is denial of the person making the tourist activity on the site, to allow for a second time an official of the supervisory authorities within the site or provide to the supervisory authorities for the second time the required documents and information.
87. "Haunted House" is a dwelling in which the person making the hospitality, lives and it is his current address in directory listing.
88. "force majeure" is an event within the meaning of art. 306, para. 2 of the commercial code.
89. "ski area" is a mountainous territory with a certain boundaries, covering the ski runs of varying complexity and purpose, the links between them, trails and cableways for the carriage of people.
TRANSITIONAL AND FINAL PROVISIONS
§ 2. The law on tourism (official SG. 56 of 2002; amended, issue 119 and 120 of 2002, no. 39 of 2004, no. 28, 39, 94, 99 and 105 by 2005, issue 30, 34, 80, 82 and 105 of 2006, issue 42, 53 and 80 by 2007, issue 31, 36 and 66 from 2008, issue 19 and 82 from 2009 and no. 15 50 and 98 of 2010.) is hereby repealed.
§ 3. Within one year of the entry into force of the law persons who exercise employments "Guide, mountain guide and ski instructor," adapted its activities in accordance with the requirements and submit to the Ministry of economy, energy and tourism relevant documents for their acceptance in the national tourism registry.
§ 4. (1) the registration of tour operators and/or travel agents, carried out under the revoked law for tourism, is preserved.
(2) where at the date of entry into force of the law has started registration procedure for the tour operators and/or travel agents, the procedure is complete under the revoked law for tourism.
§ 5. (1) the renewal of the category of categorized until the entry into force of the law in the performance of the tourist period under art. 133, para. 2 shall be carried out as follows: 1. for a categorized tourist sites in 2004 and 2005 — in 2014;
2. rated tourist sites in 2006 and 2007 in 2015;
3. rated tourist sites in 2008 and 2009 – in 2016;
4. rated tourist sites in 2010 – in 2017;
5. rated tourist sites in 2011 – in 2018;
6. rated tourist sites in 2012-2019.
(2) open procedures for issuing certificates for a specific category of tourist sites until the entry into force of the law shall be completed in accordance with the procedure laid down therein.
§ 6. (1) the change of the type of categorized until the entry into force of the law from "the tourist" in "guest rooms" and of "houses" in the "guest houses" and the receipt of the new kategorijna symbolism is carried out within the time limits under § 5.
(2) Issued prior to the entry into force of the law kategorijna for private rooms "symbolism" and "House" is valid until the renewal of the category of the object within the time limit under § 5.
§ 7. (1) the tourist associations entered until the entry into force of the law on the national tourism registry, within 6 months from its entry into force shall bring their activities in accordance with the requirements and submit to the Ministry of economy, energy and tourism documents under art. 52, para. 1.
(2) upon failure to comply with the requirements of para. 1 Minister of economy, energy and tourism deleted the Association of National Tourism registry.
(3) the deletion of the paragraph. 2 Tourist Association may declare a new entry in the national register travel by the procedure of art. 52, para. 1.
§ 8. (1) the designated categories of beaches under the revoked law for tourism shall be terminated upon the entry into force of the law.
(2) Nepriklûčilite procedures for the categorization of the beaches under the revoked law for tourism shall be terminated upon the entry into force of the law.
(3) the fees paid for the examination of applications under paragraph 1. 2 subject to refund if within three months from the entry into force of the Act, a request is made for this by the person entitled.
§ 9. (1) Nepriklûčilite procedures for the categorization of the ski tracks under the revoked law for tourism shall be terminated upon the entry into force of the law.
(2) the fees paid for the examination of applications under paragraph 1. 1 subject to refund if within three months from the entry into force of the Act, a request is made for this by the person entitled.
§ 10. (1) within three months of the entry into force of the law the Council of Ministers shall adopt the Ordinances under art. 79, para. 5, art. 99, para. 4, art. 121, para. 5, art. and article 159. 165, para. 2 and the tariff referred to in art. 69, para. 3.
(2) within three months of the entry into force of the law the Minister of economy, energy and tourism issued the Ordinance under art. 64.
(3) within 6 months from the entry into force of the law the Council of Ministers shall adopt Ordinance referred to in art. 164.
(4) within 6 months from the entry into force of the law the Minister of economy, energy and tourism issued ordinances under art. 58, para. 4 and art. 122, para. 4.
(5) within 6 months from the entry into force of the law, Minister of health and Minister of economy, energy and tourism jointly issued the Ordinance under art. 138, para. 3.
(6) within 6 months from the entry into force of the law the Minister of economy, energy and tourism in agreement with the Minister of education, youth and science and Minister of physical education and sport issued the Ordinances under art. 146, para. 2.
§ 11. Within three months of the entry into force of the law the Minister of economy, energy and tourism issued the order under art. 16, al. 3.
§ 12. State and municipal authorities, adopted or issued regulations where there is a classification of types of accommodation and dining and entertainment, shall, within 6 months of the entry into force of the law to make the attendant changes in them.
§ 13. (1) the National Council for tourism, advisory councils on tourism, the Expert Committee on registration of tour operators and travel agents, the Expert Committee on the classification and certification of tourist sites and municipal Committee of experts on the categorisation of tourist objects are created under the act within three months of its entry into force.
(2) Councils and committees under the revoked law for tourism are closed with the creation of these under para. 1.
§ 14. Accepted and issued under the revoked law for tourism regulations apply to the issuance of the new regulations, in so far as they do not contravene this law.
§ 15. In the value added tax Act (promulgated, SG. 63 06; amend., SG. 86, 105 and 108 of 2006; the Decision the Constitutional Court No 7 of 2007 – issue 37 of 2007; amend., SG. 41, 52, 59, 108 and 113 in 2007, 106/2008 12/23, 74 and 95 from 2009. , PC. 94 and 100 by 2010, PC. 19, 77 and 99 from 2011, issue. 54, 94 and 103 from 2012 and St. 23 by 2013) in § 1 of the additional provisions in paragraph 45, the words "within the meaning of point 12" shall be replaced by ' within the meaning of paragraph 70.
§ 16. In the law for local taxes and fees (published, SG. 117 of 1997; amend., SG. 71, 83, 105 and 153 of 1998 No. 103 of 1999, no. 34 and 102 of 2000, 109/2001, no. 28, 45, 56 and 119 in 2002 and 84/112 since 2003, issue 6, 11, 36 70 and 106 in 2004, PCs. 87, 94, 100, 103 and 105 of 2005, St. 30, 36 and 105, 2006, issue. 55 and 110 since 2007, PCs. 70 and 105 of 2008, PCs. 12, 19, 41 and 95 of 2009, PCs. 98 of 2010 and PC. 19, 28, 31, 35 and 39 of 2011; Decision No. 5 of the Constitutional Court by 2012 – PCs. 30 by 2012; amend., SG. 53, 54 and 102 from 2012 and St. 24 by 2013) the following modifications are made:
1. In art. 61 p, al. 3 the words "means of shelter and" are deleted.
2. In art. 61 c, para. 1 the words "means of shelter and" are deleted.
3. In art. 61 t words "under art. 10, para. 2 "shall be replaced by" referred to in art. 11, para. 2. "
4. § 1 of the supplementary provision:
a) in item 24, subparagraph (a), the words "means of shelter and" shall be deleted;
b) point 27 shall be replaced by the following:
"27." Properties "are the tourist objects of art. 3, al. 2, paragraph 1 of the law on tourism ";
in the 29) the words "art. 3, al. 3, item 3 "shall be replaced by" art. 3, al. 2, 2 ';
d) in item 34, the words "means of shelter and" are deleted.
5. In annex 4 to chapter two, section VI in paragraph 1 the words "means of shelter and" are deleted.
§ 17. In the Health Act (promulgated, SG. 70 by 2004; amend., SG. 46, 76, 85, 88, 94 and 103 by 2005, issue 18, 30, 34, 59, 71, 75, 80, 81, 95 and 102 in 2006, issue 31, 41, 46, 53, 59, 82 and 95 (2007), no. 13, 102, and 110 in 2008, issue 36, 41 , 74, 82, 93, 99 and 101 of 2009, PCs. 41, 42, 50, 59, 62, 98 and 100 by 2010, PC. 8, 9, 45 and 60 by 2011, issue. 38, 40, 54, 60, 82, 101, and 102 from 2012 and St. 15 of 2013) the following modifications are made:
1. § 1 of the additional provisions in paragraph 9:
a) (c) shall be replaced by the following:
"c) properties – apartment hotels, motels, tourist resorts, holiday villages, resorts, villas, hotels, hostels, boarding houses, holiday homes, guest rooms, suites, guest houses, bungalows, camping sites, as well as tourist lodges, tourist offices and tourist bedroom;"
(b)) in the letter "e", the words "Spa & wellness centres" are replaced by "health (medical Spa) centers, spas, wellness centres and Thalassotherapy centres".
2. In paragraph 1 (a) in point (d), the words "means of shelter" shall be deleted and the words "art. 3, al. 3, items 1, 2, 3 and 10 ' are replaced by ' art. 3, al. 2, item 1, 2 and 3 ".
§ 18. In the Consumer Protection Act (promulgated, SG. 99 of 2005; amend., SG. 30, 51, 53, 59, 105 and 108 of 2006, issue 31, 41, 59 and 64 of 2007 and 36/102 by 2008, issue 23, 42 and 82 from 2009, issue 15, 18 and 97 from 2010, issue 18 of 2011. , PC. 38 and 56 by 2012 and St. 15 of 2013) the following modifications are made:
1. In art. 186, para. 2, item 2, the word "four" is replaced by "seven".
2. In annex 1 to the art. 156, item 1:
a) in part I, in point 3.2, the words "means of shelter, or ' shall be deleted;
(b) in part III) all over the words "means of shelter or", "or" accommodation "means to shelter or ' and ' or the ' shall be deleted.
3. in annex No. 2 to the art. 156, item 2 in part I on item 4 in the text before paragraph (a), the words "means of shelter or ' shall be deleted.
4. In annex 4 to the art. 156, item 4, of part III everywhere the words "means of shelter or", "a means of shelter or ' and ' or the ' shall be deleted.
§ 19. In the consumer credit Act (promulgated, SG. 18 of 2010; amend., SG. 58 of 2010 and issue 91 by 2012) in the transitional and concluding provisions of the law amending and supplementing the law on consumer credit (SG. 91 by 2012) § 4 is amended as follows:
㤠4. The provisions of this Act for the calculation of the APR of the loan, taking into account the additional assumptions in accordance with item 3 of annex 1 to the art. 19, para. 2 do not apply to consumer credit contracts concluded before its entry into force. "
§ 20. The law shall enter into force on the day of its publication in the Official Gazette with the exception of the provisions of chapter nine, the tenth and twelfth, which shall enter into force six months after the promulgation of the law.
The law was adopted by 41-Otto National Assembly on March 12, 2013 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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