Issuance of a certificate for tour operator and/or agency activity

GENERAL INFORMATION

1. Name of the administrative service andunique identifier according to the Register of Services:Issuance of a certificate for tour operator and/or agency activity with unique identifier 1030

2. Legal basis for the provision of the administrative service/issuance of the individual administrative act:Law on Tourism - Art. 66, par. 3

3. Body providing the administrative service/issuing the individual administrative act:The Minister of Tourism or an official authorised by him

4. Administrative service unit receiving the documents and providing information on the progress of the case:Human Resources, Administrative and Information Services Department (HRASD) and Tourism Regulation Department, Directorate of Tourism Policy Address: 1000 r. Sofia, Sofia, ul. "edoc@tourism.government.bg; 02/9046874 02/9046809 02/9046895, working hours: 9:00 to 17:30.

5. Methods of requesting the service:At the office of the Ministry of Tourism in person, or through an expressly authorized person in writing, through a licensed postal operator or electronically.

6. Information on the electronic provision of the service: level of service provision and internet address at which it is provided:The service can be obtained and provided electronically at: edoc@tourism.government.bg;

7. Duration of the document/individual administrative act:Indefinite

8. Authority exercising control over the activity of the body providing the service:Supreme Administrative Court

9. Procedure, including time limits for appealing against the actions of the authority for the provision of the service:The order for refusal of registration shall be subject to appeal under the procedure and within the time limits of the Administrative Procedure Code.

10. Email address for suggestions in relation toуслугата:edoc@tourism.government.bg;

11. Ways of receiving the result of the service:In the office of the Ministry of Transport - in person or by an authorized person; through a licensed postal operator; electronically.

12.  PROCEDURE AND DOCUMENTS. FEES   

Conditions for carrying out activities as a tour operator, travel agent and tour operator and travel agent on the territory of the Republic of Bulgaria: 

      Tour operator and/or travel agent activity on the territory of the Republic of Bulgaria shall be carried out by a registered person who is entered in the National Tourist Register in accordance with the requirements of the Tourism Act. The registration certificate is issued for the following activities:

• Tour operator activity;

• Travel agency;

• Tour operator and travel agent activities.

The requirements for persons requesting the service are:

1.  Be a trader within the meaning of the Commercial Law or a legal person entitled under any other law to carry out business activities, including under the legislation of another Member State of the European Union and of a State party to the Agreement on the European Economic Area or of the Swiss Confederation;

2. To have a premises and/or online platform to carry out the activity, staff with the required education and language qualification, with seniority required for management staff. The requirement for premises does not apply where the activity will be carried out only electronically. The requirements as to the location, suitability and equipment of the premises for the tour operator and/or travel agent activity and the education, language qualification and length of service of the staff to be employed in carrying out the tourism activity shall be laid down by regulation of the Minister for Tourism. http://www.tourism.government.bg/sites/tourism.government.bg/files/docum...

3. The tour operator must have tour operator's liability insurance covering its liability for damages caused by non-payment to its counterparties, including in case of insolvency and bankruptcy;

4. Not bankrupt and not in insolvency or liquidation;

5. The natural person - owner, respectively the members of the management and control bodies of a tour operator and/or travel agent, as well as the persons with management functions of the tour operator and/or travel agent must meet the following requirements:

6. have not been sentenced to imprisonment for a deliberate offence of a general nature, unless rehabilitated;

7. not be disqualified from holding a position of material responsibility;

8. have not been a member of the management or control body or an unlimited partner of a company in insolvency proceedings or of a company wound up in insolvency during the three years preceding the date of commencement of insolvency determined by the court, if there are unsatisfied creditors.

             The registration shall be carried out by the Minister of Tourism or an official authorized by him through entry in the Register of Tour Operators and Travel Agents. The register shall be public. Persons entered in the register shall be issued with a certificate of registration. Registration shall be open-ended.

             The tour operator established in the territory of the Republic of Bulgaria shall annually conclude a contract for compulsory insurance "Liability of the tour operator" with an insurer within the meaning of the Insurance Code. Contracts shall be concluded for a period of one year and shall be renewed or a new contract shall be concluded not later than 30 days before the expiry date. Information on the period of validity of the insurance and the sum insured shall be published in the National Tourist Register. The Tourism Act sets minimum limits of liability for the conclusion of a compulsory tour operator liability insurance contract.

Important! The tour operator is obliged to submit a copy of the concluded insurance contract to the Minister of Tourism within 14 days of its conclusion or renewal. In the event of termination of the insurance contract before the expiry of the period for which it was concluded, the tour operator must immediately conclude a new contract and submit it to the Minister of Tourism no later than three days after its conclusion.

2. Procedure:

     In order to obtain registration and entry in the public National Tourist Register, the person who will carry out tour operator and/or travel agent activities (including when the activity will be carried out only electronically) shall submit the following an application-declaration form /sites/tourism.government.bg/files/uploads/zaqvleniq/zayavleniedeclaracia-to-ta-06-02-18555.docx

       The form shall be signed by the legal representative of the applicant, according to its commercial registration, or by a person expressly authorised by it in ordinary writing. The application-declaration and the annexes thereto shall be submitted in Bulgarian.

        The template has the content defined as mandatory in Article 63, paragraph 1 of the Tourism Act. It is used to declare circumstances and provide the information necessary for the legal regime. In this respect, all the details in the form must be filled in correctly. Registration for both activities - tour operator and travel agent - may be requested through one application form. Fees are payable for both activities separately and one certificate is issued.

     The declaration shall be accompanied by:

- A copy of the documents certifying the education, experience and language qualification of the person carrying out the management functions;

- A copy of the preliminary contract of insurance "Tour Operator's Liability" - only for applicants who wish to exercise tour operator activity;

- An express power of attorney in original where the declaration is made by an attorney;

- A copy of the document certifying the applicant's right to carry out the relevant tourist activity under the legislation of another Member State of the European Union and of a State party to the Agreement on the European Economic Area or of the Swiss Confederation, as well as a document certifying the absence of the circumstances referred to in Article 61(3) of the Tourism Act;

- The declarations referred to in Article 61(3), according to the model. /sites/tourism.government.bg/files/uploads/zaqvleniq/deklaraciya_po_chl.61.docx

- A copy of the fee payment receipt.

Taxi:

      Fees for the service are payable in accordance with the Tariff of Fees to be Collected under the Law on Tourism, adopted by P.M. No. 355 of 15.12.2016 (SG No. 102 of 23.12.2016):

For tour operator activity - BGN 4000.

For travel agency - BGN 2300.

For tour operator and travel agency activity - 6300 BGN.

    The fee shall be paid as follows:

For consideration of an application for registration of a tour operator and/or travel agency:

1. tour operator activity - 500 BGN.;

2. travel agency activity - BGN 500;

3. tour operator and travel agency activity - BGN 1000.

For entry in the Register of Tour Operators and Travel Agents and issuance of a registration certificate for:

1. tour operator activity - BGN 3500;

2. travel agency activity - 1800 BGN

3. tour operator and travel agency activity - BGN 5,300

The fees for the examination of the application shall be paid when the application for registration is submitted. The fee for entry in the Register of Tour Operators and Travel Agents - upon receipt of the registration certificate.

                       III. INWARD MOVEMENT

         The application-declaration is submitted for examination by the Expert Commission for Registration of Tour Operators and Travel Agents /ECRTTA/. The Commission shall examine the application-declaration and the annexes thereto within two months from the date of their receipt and shall decide on them with a reasoned proposal to the Minister to carry out the registration or to refuse the registration.

        In the event of any incompleteness and/or irregularity in the documents submitted, the ERCTA shall, within 10 working days from the date of the meeting, notify the applicant in writing and set a deadline of 14 days for their rectification. The time limit for examination shall be suspended until the date of removal of the incompleteness and/or irregularity.

         The Minister of Tourism, or an official authorized by him, shall, on the basis of the proposal of the EQRTA , carry out the registration and issue a registration certificate.

         The certificate for carrying out tour operator's activity shall be handed to the applicant after submitting a copy of the contract concluded with the insurer under Article 97, paragraph 1 of the Tourism Act - "Liability of the tour operator" and a document for the paid fee for registration in the National Tourist Register.

           The Minister of Tourism or an official authorised by him shall by order refuse registration in the following cases:

1. the application-declaration for the issuance of the registration certificate is submitted before the expiry of one year from the order for refusal of the issuance of the registration certificate for carrying out tour operator and/or travel agency activity, unless the refusal order has been revoked by the court as unlawful;

2. the application-declaration for the issuance of a registration certificate is submitted before the expiry of two years from the entry into legal force of the order for termination of registration issued on the basis of Article 70, paragraphs 2 and 3 of the Tourism Act;

3. the application-declaration for the issuance of a registration certificate is submitted by a person related to the applicants referred to in points 1 and 2;

4. in the event of failure to remedy deficiencies and/or irregularities within the time limit specified;

           The order for refusal of registration is subject to appeal under the Administrative Procedure Code.

           The registration for exercising activity as a tour operator and/or travel agent may be terminated at the written request of the registered person. An order of the Minister of Tourism, or an official authorised by him, shall declare the termination, cancel the certificate issued and delete the circumstances entered in the National Tourist Register.

Change in circumstances:

          In the event of a change in the circumstances entered in the National Tourist Register (NTR), the tour operator/agent shall, within 14 days of the occurrence, declare the changes for entry in the NTR and in the certificate issued to him, if necessary.

           To amend and/or supplement the certificate and enter it in the register, an application-declaration shall be submitted to the Minister of Tourism and documents certifying the change.