These Terms & Conditions arrange the relationships between Kalina Travel OOD and the online Platform Kalina Travel Platform users.
I. Definitions
1. Kalina Travel OOD (from now on 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 Krushova gradina 45, Vitosha District, Sofia, Bulgaria, Phone: + 359 882 813 500, e-mail: admin@kalinatravel.eu, licensed Tour Operator and Tour Agent having a 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;
2. "Kalina Travel Platform " (from now on referred to as"the platform") is a travel information and online reservation 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 offered by Suppliers with individually defined prices, such as online bookings for hotel accommodation, airline tickets, transfers, tourist attractions, tickets for sport and cultural events, insurance, etc. (from now on referred to as"the Service");
3." User of the Platform" – a legal entity acting as a Tour Operator and 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;
4." Corporate clients" – a legal entity using the Platform regarding the organisation of business trips of its staff and the organisation of seminars, conferences, festivals, exhibitions and other corporate events;
5." User Account" is a separate part of www.booking.kalinatravel.eu website, containing information about the User, provided by them upon registration in the Platform, and stored by Kalina Travel. Access to the specific user account is made by entering a username and password;
6." Username" is a unique code of letters and digits used by the User to identify in the Platform.
7." Password" is a code of letters and or numbers that together with the username uniquely identifies it;
8." Supplier" – a legal entity or an individual providing the Services presented in the Platform;
9." End-use" – a single user (consuming) the Services offered by the Platform.
10. Payment Service Provider" within the meaning of the Payment Services and Payment Systems Act in force in the Republic of Bulgaria and for the needs of these General Terms and Conditions are UNICREDIT and PAYSERA.
II. 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. It 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 trading name (company), trademark or other intellectual property rights of third parties.
2. The registration form contains information about the User. 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 they are familiar with and acknowledge these General Terms and Conditions, accepts them and undertakes to observe them, making an explicit electronic statement within the meaning of EDESA.
3. When completing the registration form, the User is obliged to provide complete and correct data and update them within seven days of their change. The User ensures that the data they provide during the registration process is correct, complete and accurate. In case of modification, they will update them on time.
4. Failing to provide the required data in the registration form, Kalina Travel has the right to refuse registration. If false data has been offered or failure to update any modifications within the time limit, Kalina Travel shall be entitled to cease or suspend immediately and without prior notice of the User's access to the Platform and the technical support of his account.
5. Upon making registration and creating a report 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 the prior written consent of Kalina Travel for this purpose except for Platform use by these General Terms and Conditions and the Agreement concluded between the User and Kalina Travel.
2. Also, the content of www. 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 the exclusive property of Kalina travel or of the designated person to whom the right to use Kalina Travel has been delegated. The Copyright and Related Rights Act protect the above described. The User of the Platform acknowledge not to send or transfer in any way the Platform and the content of the websites to any other computer, server, web page, or other public device and won't reproduce, modify, delete, publishes, distributes, disclose, and uses in any other way thePlatform's information resources for purposes other than those specified in this Agreement.
3. Any publication, reproduction and sale of information and photos from www.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 offence. The User of the Platform is responsible for all damages resulting from violating this provision.
4. The User acknowledges 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. They should not violate any proprietary or non-material rights of third parties and immediately inform Kalina Travel about any case of committed or discovered violation. They should not interfere with the proper operation of the system, including not only to hinder the identification process of another user, to not access the Platform using another account, and to not harm or impede the availability, reliability or quality of the access granted. They should not use their entrance in a manner that causes refusal of its use.
5. If 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 that occurred due to violating this Section III.
6. Kalina Travel is not liable. It does not owe compensation to a person whose username and any other person has used a password to use the Services, whether or consent has been given.
IV. Privacy policy
1. Kalina Travel collects, processes and stores the personal data provided by the Users, strictly observing the provisions of the Personal Data Protection Act.
2. By accepting these General Terms and Conditions, the individual representing the User agrees that the personal information provided by them shall be processed following the procedure provided in these General Terms and Conditions and the method provided in the Agreement between the parties.
3. Kalina Travel undertakes not to 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:
a) It is provisional in these General Terms and Conditions, or the User has given its explicit consent at the time of registration or a later stage;
b) It is necessary for the fulfilment of the established obligation of Kalina Travel;
c) The information is required by public authorities or public officials who, under the current legislation, are authorised to request and collect such information following established procedures;
d) Information about the personal data is provided to employees or subcontractors of Kalina Travel regarding the administration of the Platform;
e) Any other cases specified by the law.
4. Kalina Travel keeps the User's IP address and any additional necessary information to identify the User and to reproduce its electronic statements in case of legal argument.
5. The User, respectively, the individual who represents it, agrees to the processing of personal data provided by them for 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 their data for direct marketing by sending a written message to Kalina Travel on its correspondence address or e-mail.
V. Limited liability
1. The Information published on 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 providing the information contained in the Platform.
2. Kalina Travel has the right to change prices and news in the Platform according to the information provided by the Kalina travel suppliers at any time. The rates and conditions under which they are made apply for reservations already made and paid.
3. Kalina Travel is not liable for failing to provide complete and accurate information from the User to the end-user in connection with the reservations made and the purchased Services and for the damages resulting from data improperly submitted or entered by the User.
4. Kalina Travel may disable a user's access to the Platform if he suspects or has evidence of fraud on their behalf related to credit/debit card payment.
5. User agrees and acknowledges that Kalina Travel is providing a technology solution that, by its nature, is not error-free. Kalina Travel does not warrant that use of its website "Platfor"") will be uninterrupted or error-free. User understands and acknowledges that there may be downtime, network congestion, outagPlatformeduled maintenance, or other events beyond the reasonable control of Kalina Travel, and Kalina Travel shall not be responsible for the same.
VI. Bookings and sales
1. The Platform user may make bookings and sell services offered in the Platform in the increasing 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.
2. 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.
3. The User electronically through the Platform specifies 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.
4. 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 monitor the compliance of all confirmed parameters.
5. 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. If the User does not transfer the due amounts within the specified period, Kalina Travel may cancel the reservation/request.
6. It is considered that the reservation/request is valid and is subject to execution only if Kalina 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 article 5, 1 of this section.
VII. Prices and payment method and refunds.
1. The prices of the Services published in the Platform are determined individually for the particular Service. Payment for selected travel services through a virtual POS terminal is made entirely through the Payment Service Provider's website. All data provided when using the Payment Service Provider website is stored and processed under the latter's terms.
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 costs of the Services to end-users if the rate specified in the Platform is established as final.
3. Payment of purchased Services may be made by bank transfer or credit card.
3.1. Credit/debit card payment is not subject to an additional fee from Kalina Travel.
3.2. For bank payments, the User must inform Kalina Travel about the transfer.
4. Pressing the virtual buttons for payment" Credit Card Paymen" or "Pay later" (i.e. via bank transfer) is an electronic statement to purchase the specific Service. After selecting a payment method with repayment, the User is transferred to the payment page of the payment platform.
5. The User guarantees that for paying for Reservations in the Platform, he uses a valid company credit card.
6. Kalina Travel issues an invoice for the payments made by the Users. The invoice can be downloaded directly from the Platform.
7. Kalina Travel issues an invoice to the end-user under Contract's conditions concluded by Tour Agent, a user of the Platform, with the subject proposed in the Tourist Service Platform on behalf of and at the expense of Kalina Travel.
8. In case the User has made a payment to Kalina Travel for a booking reservation/request but the Supplier, regardless of the reason, has rejected/cancelled the mentioned services and:
- Kalina Travel did not offer to the User the same or similar services at the same price;
or
- Kalina Travel did provide the User with a service with equivalent or close characteristics, but at a different rate but the User refuses to purchase the Service, the amount shall be left as a deposit and used in the next Reservation or at the explicit request of the User to be returned.
9. In case the User has claimed a refund of the paid amount for a rejected/cancelled reservation, Kalina Travel issues a refund of the payment within 30 (thirty) days after the payment has been received in Kalina Travel's bank account or by ordering a reverse transaction to the card the payment has been made with.
10. Kalina Travel refunds the paid amount for a rejected/cancelled reservation to the User's bank account from which the payment has been received, and the transaction costs are at the expense of the User.
11. In case the User has paid Kalina Travel for a reservation/request. Still, the SUPPLIER, regardless of the reason, has rejected/cancelled the mentioned Service and Kalina Travel has offered to the User the same or similar Service at a lower price, and the User has confirmed the purchase of the Service, the User has the right to claim a refund of the payment difference or can claim from Kalina Travel to use the payment difference for other services requested by the User.
11.1. The repayment of the payment difference is made according to VII. 9 and VII. 10 of the general terms and conditions.
VIII. Cancellations, Claims and Refunds of Paid Amounts
1. The User may make changes and cancellations of reservations following the booking terms indicated in the Platform.
1.1. Reservations with a passed cancellation period and issued vouchers cannot be cancelled or amended without penalty.
1.2. Bookings without a voucher issued are subject to automatic cancellation without additional notice.
1.3. Clients with a credit limit are responsible for publishing their vouchers, taking into account the time limits in the Platform to avoid unwanted automatic cancellations. All coupons booked will automatically be confirmed by the Platform and invoiced to the User.
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 end-users requests and all the documents submitted.
2.1. In case of no-show or early checkout, the penalty may be the amount of the first night or the Service's total cost.
3. If there are findings of non-performance or inaccurate performance on the part of the Provider during the use of the Service, 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 if Kalina Travel receives the claim within 14 days of the completion of the trip. The end-user, representative of the Provider and the User, is a signed protocol attached to it. The claim should be made in writing or any other appropriate form enabling it to be reproduced.
5. Kalina Travel shall not be liable for any damages caused by the complete or inaccurate performance of the Service by the Provider. Kalina Travel is not responsible for any damages caused by incorrect 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 end-user has made changes or displayed additional services directly to suppliers.
- 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.
IX.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 site's information system the opportunity for the Users to familiarise themselves with the new General Conditions.
2. Changes to the General Terms and Conditions shall be announced on the website of the Platform, Kalina Travel, providing the Users with two weeks to familiarise 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 Travel that they reject the changes. If Kalina Travel does not receive a statement of rejection of the changes, it is considered that they bind the User.
