GENERAL TERMS OF USE OF THE WWW.FAVORIT.BG
I. INTRODUCTION
These general terms of use constitute an agreement that governs the relationship between “FAVORIT GROUP” Ltd (The Company) in its capacity as administrator of the website www.favorite.bg (Site) and its end users.
“FAVORIT GROUP” Ltd. is a trading company with its registered office in the town of Nessebar, Bulgaria and the address of its business management: Bulgaria, town of Nessebar, 8240, k. k . Sunny Beach, Hotel Favorite. The company is registered in the Commercial Register with EIK 102892093 and is represented by the manager Atanas Terziev.
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 expresses his agreement to comply with these General Terms and Conditions and all integral parts of the agreement.
II. CONCEPTS
When applying and interpreting these General Terms of Use, the terms used will have the following meaning:
1. ” Administrator of personal data ” means a person who alone or jointly with others determines the purposes and means of processing 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 locating them in the global Internet network.
3. ” Cookies ” are small text files that are saved from an Internet page through an Internet server on the End User’s hard drive and enable the recovery of information about the End User by identifying the end device and/or browser used .
4. ” Electronic link ” is a link indicated in a certain Internet page, which allows an automated reference to another Internet page, information resource or object through standardized protocols.
5. ” Malicious actions ” are actions or omissions 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 may be composite or separate.
7. ” Information system ” or ” System ” is a device or a system of connected devices which or any of which 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. “ Unsolicited commercial messages ” are commercial messages sent without prior request by the recipient.
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 through transmission, distribution or other way in which 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. ” Accidental event ” is an unforeseen circumstance at the time of the conclusion of the contract, which makes the provision of the services objectively impossible.
13. ” 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 for the personal data relating to him to be processed.
14. ” Server ” is a device or a system of connected devices on which or any of which system software is installed to perform tasks related to storing, processing, receiving or transmitting information.
15. ” 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.
16. ” 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 .
17. “ The website www.favorite.bg ” 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 .
18. ” Services ” are the services provided through the Site .
19. ” Identifiable natural person ” is a person who can be identified, directly or indirectly, in particular by an identifier such as a name, an identification number, location data, an online identifier or by one or more characteristics specific about the physical, physiological, genetic, psychic, mental, economic, cultural or social identity of that natural person.
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 user agrees that he accepts and is bound by the present General Terms of Use of the Site by the very fact of loading its content into the memory of the used end device.
The provision of the Services does not cover the provision of computer and/or other client equipment (terminal devices for Internet access) and connectivity for the transfer of information packets between the user and the Internet page, necessary to access 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. The Site and the Services offered through it may also be aimed at Users from third countries without the presence of any discriminatory sign.
2. Purpose of the Site
The purpose of the Site is expressed in three main areas:
First, to inform Users about the company’s activities in relation to 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 at the Company’s hotel.
Third, to inform the Users 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.
3. Conclusion of the agreement
The agreement between the User and the Company takes effect from the moment of agreement .
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 accompanying information constitutes identification of the Site, respectively the User, as the author and holder of these electronic statements and is an electronic signature, on which the parties recognize the value of a handwritten signature in their relationship.
This agreement is valid until the User stops using the Services available through the Site.
The Site, its services and content are not directed at minors.
4. 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:
1. not to commit malicious acts 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 create its own database in electronic or any other form. 3. not to impersonate another person or as a representative of a person who is not authorized to represent or otherwise mislead the Site or third parties about his identity or his belonging to a certain group of people; 4. to immediately notify the Company of any case of committed or detected violation when using the Services provided; 5. 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. Reservation for hotel accommodation and payment of the service
The Company provides an online platform through which the End User can make a reservation for hotel accommodation in the Company’s retail outlets.
When performing the booking procedure, the User is required to provide minimal personal information – their names and a valid email address. After choosing a period of stay at the Company’s facility, the User can send a reservation request for a hotel accommodation service of his choice.
Upon receipt of the request by the Company, the latter confirms the reservation and sends a confirmation email to the user specified.
After confirmation of the reservation made, the RESERVATION AND PAYMENT RULES for the hotel services provided by the Company come into force for the User.
6. 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 user’s use of the Services will be continuous, timely, secure 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, regardless of 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 major .
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.
7. 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.
V. MODIFICATION OF TERMS AND CONDITIONS
The Company has the right and may unilaterally, at any time and without prior warning, modify these General Terms and Conditions.
Any changes to these General Terms and Conditions will apply going forward.
With each use of the Services and resources of the Site, including loading the Site on the Internet, as well as by clicking on an electronic link in any Internet page 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 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 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
As a basic principle in the implementation of this agreement, the parties perceive mutual understanding and tolerable concessions. In this sense, the parties agree to resolve the disputed issues that have arisen between them, in a spirit of good will and through negotiations.
Any dispute, disagreement or claim arising from or related to the performance or non-performance of this agreement shall be resolved by the parties through negotiation and with the good will of each of them.