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RIGHTS OF USE

 

GENERAL TERMS & CONDITIONS

FOR USING KALINA B2B TRAVEL PLATFORM

 

These Terms & Conditions arrange the relationships between Kalina Travel OOD and the users of the online platform for travel services Kalina b2b Travel Platform regarding the use of the platform and the rights and obligations created between them.

  1. Definitions
  2. Kalina Travel OOD (hereinafter referred to as “Kalina Travel” or “the Company”) is a limited liability company incorporated under the laws of the Republic of Bulgaria in a company case file № РКК-02-018/2007 of the Sofia City Court, having its registered address at Gergyovche Street 4, Vitosha District, Sofia, Bulgaria and its correspondence address at Residential group South Park, Block 124, Entrance B, Office 4, 1408 Sofia, Bulgaria, phone: + 359 882 813 500, e-mail: admin@kalinatravel.eu, licensed Tour Operator and Tour Agent having certificate of registration /License / for tour operator № PKK-01-05822 and for tour agent № 5152 . Kalina Travel is a limited liability company registered under the Value Added Tax Act, and having VAT №: BG 131010207;
  3. 2. „Kalina b2b Travel Platform“(hereinafter referred to as “the Platform”) is a travel information and reservation online platform, created and administrated by Kalina Travel, available at booking.kalinatravel.eu website via http://kalinatravel.eu/ web portal. The Platform provides to its users free information as well as the possibility to make an online reservation and to purchase a various range of travel services provided by Suppliers with individually defined price, such as: online bookings for hotel accommodation, airline tickets, transfers, tourist attractions, tickets for sport and cultural events, insurance, etc. (hereinafter referred to as “the Services”);
  4. 3. “User of the Platform” – a legal entity acting as a Tour Operator and/ or Tour Agent or corporate client, who has access to the Platform under these General Terms and Conditions, and who, in the course of execution of these General Terms and Conditions, has the right to reserve and purchase the Services provided by the Platform;
  5. “Corporate client” – a legal entity using the Platform regarding the organization of business trips of its staff and/ or the organization of seminars, conferences, festivals, exhibitions and other corporate events;
  6. “User Account” is a separate part of booking.kalinatravel.eu website, containing information about the User, provided by him/ her upon registration in the Platform, and stored by KALINA TRAVEL. The access to the specific user account is made by entering a username and password;

 

  1. “Username” is a unique code of letters and/ or digits used by the User for its identification in the Platform.

 

  1. “Password” is a code of letters and/ or digits that together with the username uniquely identifies it;

 

  1. “Supplier” – a legal entity or and individual providing the Services presented in the Platform;

 

  1. “End user” – an individual using (consuming) the Services offered by the Platform.

 

  1. Technical steps for registration and use of the Platform

 

  1. A Tour Operator, Tour Agent or corporate customer is entitled to use the platform only after registering a profile on www.kalinatravel.eu. Upon registration, the User receives a username and password. KALINA TRAVEL does not check and is not responsible for the conformity of the name claimed by the User with the actual one, whether it affects the rights of third parties and in particular a trade name (company), trademark or other intellectual property rights of third parties.

 

  1. The registration form contains information about the user and in fact, it is an electronic document within the meaning of the Electronic Document and Electronic Signature Act (EDESA). By pressing the virtual registration button, the User declares that he/ she is familiar with and acknowledge these General Terms and Conditions, accepts them and undertakes to observe them, and by this making an explicit electronic statement within the meaning of EDESA.
  2. When completing the registration form, the User is obliged to provide full and correct data, as well as to update them within 7 days of their change. The User ensures that the data he/ she provides during the registration process is correct, complete and accurate, and in case of modification, he/ she will update them in a timely manner.
  3. Failing to provide required data in the registration form, KALINA TRAVEL has the right to refuse registration. In case false data has being provided or failure to update any modifications within the time limit, KALINA TRAVEL shall be entitled to cease or suspend immediately and without prior notice the User’s access to the Platform and the technical support of his account.
  4. Upon making a registration and creating an account in the Platform, the User receives free access to information regarding the Services offered in the Platform on booking.kalinatravel.eu website.

III. Confidentiality policy

  1. The content of the Platform, including the provided Services and its prices, is a trade secret and as such, or any part thereof, should not be disclosed to third parties without prior written consent of KALINA TRAVEL for this purpose except for the purposes of Platform use in accordance with these General Terms and Conditions and the Agreement concluded between the User and KALINA TRAVEL.
  2. In addition, the content of kalinatravel.eu website and booking.kalinatravel.eu, and the Platform in particular, how the information is arranged and structured, all the materials, databases and other resources posted on these websites are exclusive property of KALINA TRAVEL or of the designated person to whom the right to use KALINA TRAVEL has been delegated. The above described is protected by the Copyright and Related Rights Act. The User of the Platform acknowledge not to send or transfer in any way the Platform and/ or the content of the websites to any other computer, server, web page, or other public device and won’t reproduce, modify, deletes, publishes, distributes, discloses, and uses in any other way the Platform’s information resources for purposes other than those specified in this Agreement.
  3. Any publication, reproduction and sale of information and photos from kalinatravel.eu and booking.kalinatravel.eu websites, and the Platform in particular, in any form without the written consent of KALINA TRAVEL is forbidden and constitutes an offense. The User of the Platform is responsible for all damages resulting from violating this provision.
  4. The User acknowledge that using the Platform: he/ she shall comply with the Bulgarian legislation, the applicable foreign laws, these General Terms and Conditions, the Internet Ethics, the rules of morality and good faith. He/ she should not violate any proprietary or non-material rights of third parties, and to immediately inform KALINA TRAVEL about any case of committed or discovered violation. He/ she should not interfere the proper operation of the system, including but not only, to not hinder the identification process of another user, to not access the Platform using another account, and to not harm or imped the availability, reliability or quality of the access granted. He/ she should not use his/ her access in a manner that causes refusal of its use.
  5. In case the User violates the above described provisions, KALINA TRAVEL has the right to cease or suspend immediately and without prior notice its access to the Platform and the technical support of his account. The User of the Platform is responsible for all damages occurred as a result of violating this Section III.
  6. KALINA TRAVEL is not liable and does not owe compensation to a person whose username and password have been used by any other person in order to use the Services, whether or consent has been given.

 

  1. Privacy policy
  2. KALINA TRAVEL collects, processes and stores the personal data provided by the Users, strictly observing the provisions of Personal Data Protection Act.
  3. By accepting these General Terms and Conditions, the individual representing the User agrees that the personal information provided by him/ her shall be processed in accordance with the procedure provided in these General Terms and Conditions as well as the procedure provided in the Agreement between the parties.
  4. Kalina Travel undertakes to not disclose any personal information provided by the User and to not disclose this information to third parties – state authorities, companies, individuals, etc., except in the following cases:
  5. a) It is provisional in these General Terms and Conditions or the User has given its explicit consent at the time of registration or at later stage;
  6. b) It is necessary for the fulfillment of the established obligation of KALINA TRAVEL;
  7. c) The information is required by public authorities or public officials who, under the current legislation, are authorized to request and collect such information in accordance with established procedures;
  8. d) Information about the personal data is provided to employees or subcontractors of KALINA TRAVEL regarding the administration of the Platform;
  9. e) Any other cases specified by the law.
  10. 4. KALINA TRAVEL keeps the User’s IP address as well as any other necessary information in order to identify the User and to reproduce its electronic statements in case of legal argument.

 

  1. 5. The user, respectively the individual who represents it, agrees to the processing of personal data provided by him/ her for the purposes of direct marketing – for sending commercial messages about the provided services. The User, respectively the individual who represents it, has the right to object to the processing of his/ her personal data for the purposes of direct marketing by sending a written message to KALINA TRAVEL on its correspondence address or e-mail.

 

  1. Limited liability
  2. The Information published in the Platform is truthful and updated regularly. However, KALINA TRAVEL does not guarantee its completeness and accuracy. KALINA TRAVEL is relieved of liability for any errors or omissions made by Providers in the provision of the information contained in the Platform.
  3. KALINA TRAVEL has the right to change prices and information in the Platform according to the information provided by the KALINA TRAVEL suppliers at any time, and the prices and conditions under which they are made apply for reservations already made and paid.
  4. KALINA TRAVEL is not liable for failing to provide full and accurate information from the User to the end user in connection with the reservations made and the purchased Services, as well as for the damages resulting from data improperly submitted or entered by the User.
  5. Bookings and sales
  6. The User of the Platform may make bookings and sell services, offered in the Platform in the cumulative presence of the following prerequisites: 1/successful user profile registration and access to the Platform and 2/signing of a contract between the User and KALINA TRAVEL
  7. Loading of the specific Service selected by the User, the price, payment term and cancellation policy and other conditions of the Provider shall be displayed on the website.
  8. The User electronically through the Platform specify the proposed Service and confirm his agreement with the published terms of the Provider, the above actions being an explicit electronic statement of the User for booking/requesting the Service, after which the reservation/request of the Service is deemed to have been made.
  9. Upon booking / request KALINA TRAVEL confirms the reservation / request or offers alternative options by publishing a message on the user’s profile. It is the responsibility of the User to check his reservation / request and to monitor the compliance of all confirmed parameters.
  10. Reservations / requests must be paid in full on the bank account of KALINA TRAVEL according to the terms and conditions for the specific service, unless different payment terms have been agreed individually between KALINA TRAVEL and the User. In the event that the User does not transfer the due amounts within the specified period, KALINA TRAVEL may cancel the reservation / request made.
  11. It is considered that the reservation/request is valid and is subject to execution only if KARINA TRAVEL has confirmed it or the User has confirmed the alternatives offered under item 4 above and the same has been paid under the conditions of item 5, 1 of this section.

 

VII. Prices and payment method

  1. The prices of the Services published in the Platform are determined individually for the particular service.
  2. Tour Operators and Tour Agents, Users of the Platform, may offer end-users the Services published at their designated higher prices. Users may not freely determine the prices of the Services to end users if the price specified in the Platform is designated as final.
  3. Payment of purchased Services may be made by bank transfer or by credit card.
  4. Pressing the virtual buttons for payment “Credit Card Payment’’ or “Pay later” (i.e. via bank transfer) is an electronic statement to purchase the specific Service. After selecting a payment method with a credit card, the User is transferred to the payment page of the payment platform.
  5. KALINA TRAVEL issues an invoice for the payments made by the Users of the Platform. The invoice can be downloaded directly from the system.
  6. The invoice is issued at user’s request under contract’s conditions concluded by Tour Agent, user of the Platform, on behalf of and for the account of KALINA TRAVEL with subject proposed in the Tourist Service Platform.

 

VIII. Cancellations, Claims and Refunds of Paid Amounts

  1. Changes and cancellations of reservations may be made by the User in accordance with the terms of the reservation, indicated in the Platform.
  2. In the case of claims and complaints made by end users about Services provided in the Platform, the User is obliged to forward to KALINA TRAVEL in 3 days term the requests of the end users and all the documents provided.
  3. If during the use of the Service there are findings of non-performance or inaccurate performance on the part of the Provider, the User shall require the end-user immediately and in writing to notify the Provider with a view to timely taking actions to satisfy all Stakeholders.
  4. KALINA TRAVEL considers within 30-days complaints from end users on proposed and purchased Services offered to the User in case the claim is received by KALINA TRAVEL within 14 days of the completion of the trip and a signed protocol is attached to it by the end user, representative of the Provider and the User. The claim should be made in writing or in any other appropriate form enabling it to be reproduced.
  5. KALINA TRAVEL shall not be liable for any damages caused by the full or inaccurate performance of the Service by the Provider. KALINA TRAVEL is not liable for any damages caused by inaccurate or incomplete notification of the terms of the Service by the Provider or his representative.
  6. KALINA TRAVEL is not liable for non-performance of the Contract and these General Terms and Conditions, if the reasons for this are due to:

– The user and/or end user;

– Actions of a third party not related to the performance of the Contract;

– A force major or an event that cannot be anticipated or avoided by KALINA TRAVEL and its contractors in the good faith performance of their duties.

 

Changes to the Terms and Conditions

 

  1. KALINA TRAVEL has the right to modify or improve these General Terms and Conditions unilaterally by providing through the information system of the site the opportunity for the Users to familiarize themselves with the new General Conditions.
  2. Changes to the General Terms and Conditions shall be announced on the site of the platform, KALINA TRAVEL providing the Users with a two-week period to familiarize themselves with the changes to the General Terms and Conditions, after that they become effective.
  3. These General Terms and Conditions, as well as future amendments shall apply to the existing registered Users as of the date of their entry into operation. Within the period, mentioned in item 2 of this section, they have the opportunity to declare by sending a message to KALINA TRAVAL that they reject the changes. In the event that a statement of rejection of the changes is not received by KALINA TRAVEL, it is considered that the User is bound by them.