I. INTRODUCTION
These general terms of use constitute an agreement that governs the relationship between “AQUA PARK” AD (the Company) in its capacity as the administrator of the website www.odessos-hotels.com/ (the Site) and its end users.
“AQUA PARK” AD is a commercial company with its registered office and management address: Sofia, 1407, Lozenets district, 32 “Atanas Dukov” street. EIK: 130995225 and is represented by Kamen Petrov Deenichin.
This Agreement applies to the information services and systems available through the Site, its mobile versions, as well as any other application and service that are or may be connected to the Site.
With the fact of loading the Site from a terminal device, the User expresses his consent to familiarize himself with the present General Terms and Conditions for the use of the site and the applications to them, taking into account the latter and complying with them.
CONCEPTS
When applying and interpreting these General Terms of Use, the terms used will have the following meaning:
1. “Personal data administrator” means a person who alone or jointly with others determines the purposes and means of personal data processing.
2. “IP Address” (“IP address”) is a unique identification number associating a device, Internet page or resource of the User in a way that allows locating them in the global Internet network.
3. “Cookies” are small text files that are created, accessed, read, modified or deleted on the End User’s hard drive in some of the following ways: a) by an Internet server through the Internet page and/or b) by program code (JavaScript) added to the Internet page and representing part of the Administrator’s ability to collect, permanently save and access information about users.
4. “Electronic reference” is a link indicated in a certain Internet page, which allows a reference to another Internet page, information resource or object through standardized protocols, as a result of a specific interface action of the User, e.g. click.
5. “Malicious actions” are actions or inactions that violate Internet ethics or harm persons connected to the Internet or associated networks, sending spam, junk mail, flooding channels, gaining access to resources with other people’s rights and passwords, using flaws in systems for one’s own benefit or obtaining information (HACK), performing actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending “Trojan horses” or causing the installation of viruses or remote control systems, disrupting the normal work of other Internet users and associated networks, performing any actions that can be qualified as a crime or an administrative violation under the Bulgarian legislation or other applicable law.
6. “Web page” is a part of a website, which can be composite or separate.
7. “Information system” or “System” is a device or a system of connected devices that or any of them is designed to store, send or receive electronic documents.
8. “Personal data” means any information relating to an identified natural person or an identifiable natural person (“data subject”).
9. “Third party – personal data processor” is a natural or legal person who processes personal data on behalf of the administrator.
10. “Processing” means any operation or set of operations performed on personal data or a set of personal data by automatic or other means such as collection, recording, organization, structuring, storage, adaptation or modification, retrieval, consultation, use, disclosure by transmission, distribution or other way in which the data is made available, arranged or combined, restricted, deleted or destroyed.
11. “User” or “End User” is any natural person who uses the information services and resources provided through the Site and who acts outside the scope of his commercial activity, trade or profession.
12. “User – Client” is a User who has entered into legal relations with the Company on the basis of the started provision of one of the Services offered by the Site.
13. “Accidental event” is an unforeseen circumstance at the time of the conclusion of the contract of an extraordinary nature, which makes the provision of the services objectively impossible.
14. “Data subject” is a person who can be identified, directly or indirectly, in particular by an identifier such as name, identification number, location data, online identifier or by one or more characteristics specific to the physical, physiological, the genetic, psychic, mental, economic, cultural or social identity of that natural person.
15. “Consent of the data subject” means any freely expressed, specific, informed and unequivocal indication of the will of the data subject, by means of a statement or a clear affirmative action, which expresses his consent to the personal data relating to him being processed.
16. “Server” is a hardware or software component performing functions of saving, delivering and serving web pages to customers.
17. “Commercial messages” are advertising or other messages presenting directly or indirectly the goods, services or reputation of a person carrying out a commercial or craft activity or exercising a regulated profession.
18. “Website” is the designated place in the global Internet network, accessible through its unified address (URL) under the HTTP or HTTPS protocol and containing files, text, programs (software), sounds, photos, images, electronic references or other materials and resources .
19. “The website www.odessos-hotels.com/ or the “Site” is a website owned by the Company, through which various information services and resources are provided to End Users, subject to these General Terms of Use.
20. “Services” are the services provided through the Site
III. SUBJECT OF THE AGREEMENT
The Company provides the User through the Site with the use of the Services in good faith, strictly and meaningfully complying with the rules and requirements of these general terms and conditions.
The provision of the Services does not cover the provision of computer and/or other client equipment (end devices for Internet access) and connectivity for the transfer of information packets between the user and the website, necessary for access to the site.
Since the Services provided are diverse and constantly supplemented, modified and developed, with a view to their improvement and efficiency, they and the mode of their provision may be changed at any time by the Company.
IV. FUNCTIONAL CHARACTERISTICS OF THE SITE
1. Territorial and personal scope of the activity
The Site and the Services offered through it are not limited to specific territorial boundaries. The site and the Services offered through it are primarily aimed at Users from the European Union, but can also be accessed and used by Users from third countries without the presence of any discriminatory sign.
2. Purpose of the Site
The purpose of the Site is expressed in two main areas:
2.1 Informing the Users of the site about the services offered on the website www.odessos-hotels.com/ and the prerequisites for their exercise.
2.2 Informing the Users of the site about the details of contact with the Company, in case they need additional information, have queries, comments or recommendations, as well as to receive information about their rights and how to exercise them.
Conclusion of the agreement
The agreement between the User and the Company takes effect from the moment of agreement and its objectification. The agreement is concluded in Bulgarian. By accepting these General Terms and Conditions, the User agrees to communicate with him via e-mail. The User agrees to be the addressee and to receive electronic statements from the Site and its administrator.
The parties agree that the messages sent between them via e-mail constitute electronic statements and that the information accompanying them constitutes identification of the Site, respectively the User, as the author and holder of these electronic statements, and is an electronic signature, which the parties recognize the value of a handwritten signature in their relationship. This agreement is effective until the User ceases to use the Services available through the Site.
The Site, its services and content are not directed at minors.
Rights and obligations of the user
The User has the right to access in real time (online) the Services provided through the Site subject to compliance with the access requirements set by the Company. The User has the right to access the User Content, as well as any other content published on the Site, for personal use only. The right of access granted to the User does not include the right to copy or reproduce information, or to use protected objects of intellectual or industrial property, except for an insignificant amount of information intended only for personal use, provided that such use does not damage the legitimate interests of the authors or other holders of intellectual or industrial property rights, and the copying or reproduction is done for a non-commercial purpose.
The user undertakes when using the provided Services:
not to commit malicious acts within the meaning of these Terms of Use;
not to extract by technical means or in a technical way any information resources or parts of them included in the databases accessible through the Site and thus create its own database in electronic or any other form.
not impersonate another person or a representative of a person who is not authorized to represent or otherwise mislead the Site or third parties about his identity or his affiliation with a certain group of people;
to immediately notify the Company of any case of a committed or discovered violation when using the Services provided;
not to engage in any activity that involves the use of viruses, bots, worms or any other type of computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device, or otherwise allow unauthorized use of or access to a computer device or computer network.
5. Links to social networks
Through the Site, the Company provides an opportunity for its users to have a direct connection (quick links) to the sites of third parties. These third parties are likely to collect user personal data, the regime for which is governed by their accepted general terms of use and protection of personal data.
Limitation of the Company’s Liability
The Company provides the Services through the Site for use by the User “as is” and “as available”.
The Company does not guarantee or promise specific results from the use or from the continued possibility of using the Services.
The Company makes no guarantees that:
1. the use of the Services by the user will be continuous, timely, secured and secure or error-free;
2. any defects in the Services will be repaired;
3. the Services provided or the services on which the latter are built will be free of viruses or other harmful components;
Under no circumstances will the Company be
liable for any loss or damage arising from:
1. the use of the Services;
2. problems or technical malfunctions in connection with the use of the Services;
3.materials downloaded through or in connection with the Services;
4. user content;
5. behavior of Users in relation to the Services, whether in real time (on line) or not (off line).
The Company is not responsible if the user cannot access the site due to problems beyond the control of the site – software, hardware, Internet connection problem or force majeure. The User agrees to be responsible for all maintenance, serviceability or connection costs of its computer system or other property necessary for the User’s use of the Services. The Company reserves the right to systematically intervene in the entire functionality of the Site, including, but not limited to, suspending access to it, if there is a valid reason for this.
Penalties
To the full extent permitted by the applicable law, the Company will not be liable for damages suffered by the User, which are: 1. indirect; 2. subsequent; 3. incidental; 4. punitive, including damages for lost profits arising from the use or inability to use the Services. Regardless of the above, the Company’s liability to the User for any action or inaction related to and in connection with the use of the Services will always be limited to a fine of BGN 100.
AMENDMENT OF TERMS AND CONDITIONS
The Company has the right and can unilaterally, at any time and without prior warning, modify these General Terms and Conditions.
The amended General Terms and Conditions for the use of the Site will be published on the Site in a way that guarantees the possibility of its reproduction, as well as its recording (storage) by the User on a durable medium.
An archive of the General Terms and Conditions for its use has been published on the site, containing the present General Terms and Conditions and all subsequent changes, and the possibility of their reproduction and recording (storage) by the User on a durable medium will be provided.
Any changes to these General Terms and Conditions will apply going forward.
The continuation of the use of the Site after changes to the General Terms of Use confirms the acceptance of the changes, which are validly binding on the User.
If the User does not agree with the general conditions for using the site, then he should not use the Site or any of the Services.
VI. TERM AND TERMINATION OF THE AGREEMENT
This agreement enters into force immediately from the moment of its acceptance by the User and is valid until the termination of the use of the services;
Read the full text or download in pdf here