General Terms of Use

September 22, 2021 2021-12-11 18:38

GENERAL TERMS OF USE ON WWW.HOTELPALACE.BG

I. INTRODUCTION

These general terms of use constitute an agreement that governs the relationship between BOKORODO Ltd. (the Company) in its capacity as administrator of the website www.hotelpalace.bg (the Site) and its end users.
BOKORODO Ltd. is a commercial company with headquarters in Pleven, Bulgaria and address of management: Bulgaria, Pleven, 5800, 25 Angel Kanchev Str. The company is entered in the Commercial Register and the register of non-profit organizations at the Registry Agency with UIC 114112262 and is represented by the manager Rosalina Koleva.
This agreement applies to the information services and systems available through the Site through mobile applications – applications, abbreviated mobile versions of the site or applications, as well as any other application and service that are or may be related to this agreement.

By loading the Site from a terminal device, the User agrees to abide by these General Terms and Conditions and all integral parts of the agreement.

II. CONCEPTS

In applying and interpreting these General Terms of Use, the terms used will have the following meanings:

1. “Personal data controller” means a person who alone or jointly with others determines the purposes and means of the processing of personal data.

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 their localization in the global Internet network.

3. “Cookies” are small text files that are stored on a website via an Internet server on the hard disk of the End User and allow to recover information about him, identifying the used end device and / or browser.

4. “Electronic link” is a link indicated in a certain Internet page, which allows automatic redirection to another Internet page, information resource or object through standardized protocols.

5. “Malicious actions” are actions or inactions, violating the Internet ethics or causing damages to persons connected to the Internet or associated networks, sending unsolicited mail (SPAM, JUNK MAIL), overflow channels (FLOOD), obtaining of access to resources with foreign rights and passwords, use of deficiencies in systems for their own benefit or information retrieval (HACK), committing actions that may qualify as industrial espionage or sabotage, damage or destruction of systems or information files (CRACK), sending “Trojan horses” or causing the installation of viruses or remote control systems, disrupting the normal operation of other Internet users and associated networks, performing any actions that may qualify as a crime or administrative violation of the Bulgarian legislation or other applicable law.

6. “Website” is a part of a web site, which can be composite or separate.

7. “Information system” or “System” is a device or system of connected devices, which or any of which is intended 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. “Unsolicited commercial communications” are commercial communications sent without prior request by the recipient.

10. “Processing” means any operation or set of operations carried out with personal data or a set of personal data by automatic or other means such as the collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, disclosure by transmitting, distributing or otherwise making the data available, arranging or combining, restricting, deleting or destroying it.

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, craft or profession.

12. “Accidental event” is an unforeseen circumstance of extraordinary nature at the moment of concluding the contract, which makes the provision of the services objectively impossible.

13. “Consent of the data subject” means any freely expressed, specific, informed and unambiguous indication of the data subject’s will, by means of a statement or clear confirmatory action expressing his or her consent to the processing of personal data relating to him or her.

14. “Server” is a device or system of connected devices on which or on any of which is installed system software for performing tasks related to storage, processing, reception or transmission of information.

15. “Commercial communications” are advertising or other communications representing, directly or indirectly, the goods, services or reputation of a person performing a commercial or craft activity or exercising a regulated profession.

16. “Website” is the designated place in the global Internet network, accessible through its unified address (URL) via HTTP or HTTPS protocol and containing files, text, programs (software), sounds, photos, images, electronic links or other materials and resources.

17. “The Website www.hotelpalace.bg” or “The Website” is a website owned by the Company, through which the End Users are provided with various information services and resources, subject to these General Terms of Use.

18. “Services” are the services provided through the Site.

19. “Identifiable natural person” means 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 attributes specific to for the physical, physiological, genetic, mental, intellectual, economic, cultural or social identity of that individual.

III. SUBJECT OF THE AGREEMENT

The Company provides the User through the Site the use of the Services in good faith, strict and meaningful compliance with the rules and requirements of these general conditions.
The User agrees that he accepts and binds to these General Terms of Use of the Site with the very fact of loading its contents into the memory of the used end device.

The provision of the Services does not include the provision of computer and / or other client equipment (terminal devices for Internet access) and connectivity for the transmission of information packages between the user and the website, necessary for access to the site.

As the provided Services are diverse and constantly supplemented, modified and developed, in view of their improvement and efficiency, they and the regime of their provision can 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 aimed primarily at Users from the European Union.
The Site and the Services offered through it may also be directed to Third Party Users without any discriminatory feature.

2. Purpose of the Site

The purpose of the Site is expressed in three main directions:

First, to inform the Users about the activity of the company in connection with the high quality tourist services offered by it, about the available hotel base, location and conditions of use.

Second, to create a platform through which Users can make online reservations for accommodation in the hotel of the Company.

Third, to inform the Users about the details for contact with the Company, in case they need additional information, have inquiries, comments or recommendations, as well as to receive information about their rights and the way of exercising them.

3. Conclusion of the agreement

The agreement between the User and the Company takes effect from the moment of reaching an agreement, objectified in the manner specified above.

The agreement is concluded in English.

By accepting these General Terms and Conditions, the User agrees to communicate with him by 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 by e-mail constitute electronic statements and that the accompanying information constitutes the identification of the Site, respectively the User, as the author and holder of these electronic statements and is an electronic signature to which the parties recognize the value of a handwritten signature their relationship.

This agreement is valid until the User terminates the use of the Services available through the Site.

The site, its services and content are not aimed at minors.

4. Rights and obligations of the consumer

The User has the right to access in real time (online) the Services provided through the Site in 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, only for personal use.

The right of access granted to the User does not include the right to copy or reproduce information, or to use protected intellectual or industrial property, except for a small amount of information intended for personal use only, provided that such use does not harm the legitimate interests of the authors or other holders of intellectual or industrial property rights, and the copying or reproduction is done for non-commercial purposes.

The User undertakes when using the provided Services:

1. Not to perform malicious actions within the meaning of these Terms of Use;
2. 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 to create its own database in electronic or any other form.
3. Not to 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 belonging to a certain group of people;
4. To notify the Company immediately of any case of committed or discovered violation when using the provided Services;
5. Not to perform activity that includes the use of viruses, bots, worms or other type of computer code, files or programs that interrupt, destroy or limit the functionality of computer software or hardware or telecommunication device, or otherwise allow unauthorized use of or access to a computer device or computer network.

5. Reservation for hotel accommodation and payment for the service

The Company provides an online platform through which the End User can make a reservation for hotel accommodation in the commercial sites of the Company.

When performing the reservation procedure, the User is required to provide a minimum of personal information – his name and a valid name or address. After choosing a period for staying in the premises of the Company, the User can send a request for reservation of a hotel accommodation service of his choice.

After receiving the request from the Company, the latter confirms the reservation and sends a confirmation e-mail to the user-specified e-mail.

After confirmation of the reservation made for the User, RULES FOR RESERVATION AND PAYMENT of the hotel services provided by the Company come into force.

6. Limitation of the liability of the Company

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 long-term possibility to use the Services.

The Company does not provide guarantees that:

1. The use of the Services by the user will be continuous, timely, secured and secure or faultless;
2. Possible defects in the Services will be repaired;
3. The provided Services or the services, on which the latter are built, will be free from 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 non-functioning 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 connection with the Services, regardless of whether in real time (on line) or not (off line).

The company is not responsible if the user is unable to 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 costs for the maintenance, serviceability or connection of his computer system or other property necessary for the use of the Services by the User.

The Company reserves the right to systematically interfere with the entire functionality of the Site, including, but not limited to, to suspend access to it, if there is a good reason for it.

7. Penalties

Until the full amount allowed 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 for damages for lost profits, arising from the use or impossibility for the use of the Services.

Notwithstanding the above, the liability of the Company 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 penalty of BGN 300.

V. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

The Company has the right and may unilaterally, at any time and without prior notice to modify these General Terms and Conditions.

The changed General Terms of Use of the Site will be published on the Site in a way that guarantees the possibility for 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 will be published on the site, containing these General Terms and Conditions and all subsequent changes, and the possibility for their reproduction and recording (storage) by a User on a durable medium will be provided.

All amendments to these General Terms and Conditions will apply in the future.

By any use of the Services and resources of the Site, including the loading of the Site on the Internet, as well as by clicking on an electronic link on any website of the Site, the User declares that he is familiar with these General Terms and Conditions, agrees with them and undertakes to comply with them.

The continuation of the use of the Site after changes in the General Terms of Use confirms the acceptance of the changes that are validly binding on the User.

If the User does not agree with the general terms of use of the site, 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;

VII. DISPUTES, COURT OF JURISDICTION AND APPLICABLE LAW

As a basic principle for the implementation of this agreement, the parties perceive mutual understanding and tolerable concessions. In this sense, the parties agree to resolve the disputes that have arisen between them, in a spirit of goodwill and through negotiations.

Any dispute, disagreement or claim arising out of or in connection with the implementation or failure to comply with this Agreement shall be settled by the Parties by negotiation and with the goodwill of each of them.
In case of impossibility to resolve disputes arising in connection with this contract, its implementation, respectively non-performance, the parties agree to resolve the same before the competent Bulgarian court, determined in accordance with the rules of generic jurisdiction under current law of the Republic of Bulgaria.

In the event of a private dispute with an international element, the court which has jurisdiction to hear the dispute shall be determined by the rules of private international law.

The law applicable under this Agreement is that of the Republic of Bulgaria. In the event of a private dispute with an international element, the applicable law should be determined by the rules of private international law.

Contact details:

Name BOKORODO Ltd
Management address Bulgaria, Pleven, 5800, 25 Angel Kanchev Str
Unique Identification Code (UIC) 114112262
Manager / Representative Rozalina Koleva
E-mail address bokorodo_pleven@abv.bg

This GENERAL TERMS AND CONDITIONS OF USE has been accepted and approved by the manager of BOKORODO Ltd – Rosalina Borisova Koleva on April 18, 2018

The general conditions are in compliance with the legislation in force at the time of approval, as well as with the pan-European and national legal framework in the field of personal data protection.

Prepared / approved and accepted by: Rosalina Koleva
Date of publication: April 25, 2018

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