Terms and Conditions
By using the website Nastani.bg, any of its menus, categories or subcategories, section or subsection, as well by the emergence, development and termination of any legal relation, occurred as a result of using this website, you provide your consent to be bound by the current General Terms and Conditions of website use, as well as by all other conditions, governing separate legal relations caused by its use. In the hypothesis stated in the previous sentence, you also give your consent for collection and use of the personal data provided by you, for the purposes of the website and the legal relations based on it. Bounding to the general and profiled terms and conditions is applicable both to the current website configuration and to all changes within, executed in the form of additions and amendments or implementation of new menus, categories, sections, etc. If you do not agree with the above or you do not want to give your consent for bounding to the general or to the special terms of the website, you are not allowed to visit it, to use it or to be a party of legal relations based on it.
If you have any questions and/or comments in connection with our website, you can contact us via Contacts.
І. General provisions
1). These General terms represent a service contract of "Grabo Media" AD (EIK BG203412406), with a registered office and head office Bulgaria, Plovdiv, bul. Iztochen 94, fl.6, for providing their own internet website Nastani.bg for virtual communication between: hotel operators, tour operators and tour agents from one side, and from the other - potential buyers-users / tourists, and settle down the rights and obligations of the users of the internet website Nastani.bg, property of "Grabo Media" AD.
2). The parties in this contract are:
1/ "Grabo Media" AD, EIK: 203412406, with registered office and head office: Bulgaria, Plovdiv, bul. Iztochen 94, fl.6, represented by the Executive Director Srebrin Vatralov, registered as a tour operator and tour agent in the Register of Tour Operators and Tour Agent at the Ministry of Tourism, Republic of Bulgaria, under registration No РК-01-6924, holding a concluded contract for insurance by Insurance Policy No 03700100001548 dated 29.06.2016 for Licensed Tour Operators Liability Insurance for the period of until 10.08.2019, issued by the insurance company "Zastrahovatelno drujestvo Euroins" AD
2/ Any user, who loads the internet site Nastani.bg, including, but not only, and any stakeholder in his role as a "TOURIST" under the terms of Tourism Act, or "HOTEL OPERATOR" or "TOUR OPERATOR" or "TOUR AGENT", depending on presence of the special conditions for relating this quality to the party, in compliance with the requirements of the national legislation under which he acts.
4). Active action constitutes clicking/pressing/selecting an electronic link or an advertising banner, which directs the user to other internet pages of the website Nastani.bg.
5). Maintaining passive behavior means not to leave the website, after it has been loaded in the user's browser.
6). The website services are intended for persons at the age of 18 and over. If the User is a minor, he does not have the right to use the services without presenting an explicit written consent by a parent or a guardian. Using the website without such permission is in contradiction with these General Terms, and constitutes hiding of important information and a mislead of the Administrator. In this case, the Administrator is not liable for any circumstances or events whatsoever, which occur as consequences of this mislead by the User.
ІІ. Explanation of certain terms
Users declare that they are familiar and agree with the definitions of the following terms:
Administrator (of the website) - "Grabo Media" AD, EIK: BG203412406, with registered office and head office: Bulgaria, Plovdiv, bul. Iztochen 94, fl.6, e-mail: email@example.com;
Browser - a software program for a computer, smartphone or other device, which enables transfer, processing and visualization of data through different protocol types for data transfer.
Virtual wallet - database which gives information to the user-buyer (Tourist) about the accumulated monetary assets, conditionally referred to "disposable amount", which may be used only for purchasing services via Nastani.bg. By the order of the user-buyer, at time defined by him and for purchasing a service chosen by him, the price owed to the hotel operator / tour operator / tour agent making offers will be transferred from the "disposable amount". The value of the "disposable amount" in the virtual wallet may be regulated at the will of the user-buyer, according to his resources. In this case, the relations between the user-buyer and "Grabo Media" AD are settled down in a separate contract.
Additional tourist service - services related to the accommodation place, including but not only, one or more of the following services: sports animation and water park entertainment services; health; spa and wellness services; renting of beach facilities, equipment, vehicles and water sport vehicles, tourism and leisure; services provided by schools and clubs for sailing and for other water sports; other services, offered and used by the tourists during their stay, the price of which has been included in the price of the purchased tour package.
Electronic reference is a link, marked in a certain internet page that allows automatized forwarding to another internet website, to an information resource or to an object via standardized protocols.
Malicious acts are acts or omissions, in violation of the internet ethics or harming persons connected to the internet or to associated networks, sending non-wanted emails (non-requested trade messages, SPAM), accessing resources with foreign rights and passwords, using system flaws for own benefit and accessing information (HACK), performing actions which may be qualified as industrial espionage or sabotage, damaging or destruction of systems or information database (CRACK), sending "Trojan horses" or causing installation of viruses or remote control systems, interruption of the normal performance of users of the internet and the associated networks, execution of any actions whatsoever, which may be qualified as crime or administrative violation according to the Bulgarian or other applicable law.
Internet website is a set of internet web pages with a common internet home page, which loads in your browser when typing the electronic address Nastani.bg;
Internet web page within the meaning of this General Terms means a component and clearly defined part of a website.
Interface – a combination of graphical objects, associated with a program code, through which the user communicates with the internet website in a manner accessible for him.
Information system / System is every separate device or an aggregation of interconnected or similar devices, which, by executing a certain program, delivers automotive data processing.
OIRS - Online Information and Reservation System, accessible via the website Nastani.bg, for reservation and delivering tourist products - including, but not only, and against a prepayment - which are related to accommodation in tourist establishments, in compliance with distance contracts.
Main Tourist services (MTS) - Accommodation, meals and transportation.
Password is a code of letters, digits and symbols, which, together with the user name, individualize the user, and which, together with the user name serves as access to his user account.
Platform – an aggregation of conceptual, program and graphical solutions, comprising a complete product delivering to the user accessible environment to the opportunities of the internet space.
User of a web page or a website is every person (potential buyer or a hotel operator or tour operator or tour agent making his offers), who has entered his electronic address or has accessed the internet web page or website via redirection from another website, who agrees, in case of interest shown, to make reservations for tourist services online;
User name is a selected by the user unique code of letters, digits and symbols, by which he individualize himself in his relations with "Grabo Media" AD and with the other users of the website;
User profile is a clearly defined part of the website of "Grabo Media" AD, containing information about the user, required by Nastani.bg, stored on it, used and processed according to Personal Data Policy and in compliance with the legislation in force, where the access to the user profile by the user is executed by entering user name and password. User profile facilitates the communication between the user and "Grabo Media" AD.
Reservation form - Accounting document, which certifies the existence of a contract between the tour agent and the tourist as a user of a main or an additional tourist service, when they are not part of the organized tour with a package price.
Occasional event is an unforeseeable until the moment of concluding the contract circumstance of extraordinary nature, which makes delivering of services objectively impossible.
Tourist - A natural person, who uses a tourist service with a stay of at least 24 hours.
Tour agent – A person, who delivers tourist services via mediation in: sales of organized tours with a package price to end users; passenger aviation, water or bus transportation; reservation, visa and other additional tourist services, as well as insurances, in connection with the tour.
Tourist voucher - Accounting document, which certifies the existence of a contract between the tour operator and the tourist as a user of organized tour with package price or of sales of main and/or additional service(s).
Tour operator – A person who delivers tourist services in his own name and for his own account through organizing group and/or individual tours with a package price, offered for sale directly or via a tour agent for purposes of tourism, recreation, entertainment, business, participation in or visit to cultural events, in congress and business events or for other purposes.
Website/ site ("website") is a clearly defined space in the world wide web, accessible at its unified address (URL) by HTTP, HTTPS or other standardized protocol, and containing files, programs, text, sound, picture, image or other materials and resources.
IP Address is an identification number associating a computer device, internet web page or a user resource in a way that allows its location in the world wide web.
- CPC - Civil Procedure Code;
- ECA - Electronic Commerce Act;
- OCA - Obligations and Contracts Act;
- LPC - Law on Protection of Competition;
- LPPD - Law of Protection of Personal Data;
- CPA - Consumer Protection Act;
- TA - Tourism Act;
- CA - Commercial Act.
ІІІ. General information
1). "Grabo Media" AD provides to the users Online Information reservation system, hereinafter referred to as OIRS, through its internet website Nastani.bg, for booking and providing tourist services, including but not only, and against prepayment, which services are related to accommodation in tourist establishments according to distance contracts, where:
(а) As a TOUR AGENT, "Grabo Media" AD interposes in delivering tourist services by other tour operators, tour agents and hotel operators and/or on request of users-Tourists, awarded by a separate contract notice.
(b) When acting as a TOUR AGENT, "Grabo Media" AD acts on behalf of other tour operators, tour agent and/or hotel operators without having the right to issue in its own name tourist vouchers and to conclude tourist contracts, but may issue reservation forms of behalf of the person, who authorized him. The rights and obligations under the tourist contract arise directly between the TOURIST and the HOTEL OPERATOR.
(c) When delivering tourist services as a TOUR OPERATOR, "Grabo Media" AD acts in his own name and on his own behalf by issuing in his own name tourist vouchers and concludes tourist contracts within the meaning of the Tourism Act.
(d) For the purposes of the e-commerce with tourist services, "Grabo Media" AD, in its own name and on its own behalf develops and maintains OIRS (software for conclusion of tourist distance contracts and reservations), which will be used solely on or via the website Nastani.bg, property of "Grabo Media" AD.
(e) "Grabo Media" AD provides to its commercial partners - suppliers of tourist services - an opportunity to use OIRS under the conditions of the concluded specific contracts between them.
2). "Grabo Media" AD solely maintains the internet website Nastani.bg, by not being held liable for the following cases:
- For damages incurred by unsound behavior of third parties, offering services via the website, property of "Grabo Media" AD, or by third parties who are subcontractors at the website Nastani.bg;
- For eventual deficiencies and/or other advertising liability in respect of the services, purchased by the website user, and also if conditions or prices within offers published on the website by offering traders - hotel operators /tour operators/ tour agents prove to be incorrect or misleading;
- For violation of the copyright and the related right through positioning of materials subject of these rights, provided by third parties who offer via the internet website, property of "Grabo Media" AD.;
- For damages incurred by other websites, accessible via links/banners put on this website; - For all damages caused to the users by delivering the service, except deliberately caused damages (by employees of "Grabo Media" AD);
- If the user neglects remaining logged-in on a computer or in any case whatsoever permits and/or allows his account to be used by third parties, who misused his registration;
- For damages incurred by purchasing of services, offered through the website Nastani.bg and/or by the action or lack of action of the offering traders in connection with proving mandatory information to the users according to the requirements of the Consumer Protection Act.
- For damages incurred by lack of or disconnection of the accessibility to the internet website Nastani.bg, which do not depend of the team of the latter.
3). The username, under which the user is registered, does not give him any other rights whatsoever, except the right to use the specific username within the scope of the information system of "Grabo Media" AD. When the user changes his username, "Grabo Media" AD does not check and is not liable for the authentication of the new username, whether it affects third parties rights and in particular, a right to a name or other personal rights, a right to a commercial name (company), a right to a trademark or other rights of the intellectual property.
4). The User is obliged by using the granted access to the electronic platform to: comply with Bulgarian legislation and the applicable foreign laws, with these General Terms, the Internet ethics, principles of morality; not damage any others good name and not to call for forced changes in the constitutionally established order, for committing a crime, or crimes against persons or inciting racial, national, ethnic or religious hatred, not advocate fascist or any other anti-democratic ideology, not violate foreign property or non-property rights, including the right for intellectual property; to immediately notify "Grabo Media" AD about any case of committed or registered violation; to not interfere in the rightful action of the system, including but not only, to not obstruct the procedure for identification of other user, to not act beyond the granted access, to not violate or impede persons, reliability or the quality of the granted access, as well as to not use it in a manner, which incurs refusal of its utilization; to not extract by technical means or by technical manner informational resources or parts of informational resources, which belong to database located on the website of "Grabo Media" AD and thus, to not create own database in electronic or other form; to not present himself as another person or in any other way to mislead third parties in relation to his identity or his membership to a certain group of people; to not commit malicious acts within the meaning of these General Terms. All registered users in the website – offering traders (hotel operators, tour operators, tour agents), and all registered users in the website – potential buyers of offered services, on their own, authorize "Grabo Media" AD: through the maintained by him information platform Nastani.bg, to negotiate; and/or to conclude as well as to register concluded contracts between offering traders and specific buyers of services; including on behalf of their principles, without payment to accept and forward executed payments on concluded between specific traders and users distance contracts.
5). Except in the cases where explicitly agreed, the user may not reproduce, change, erase, publish, disseminate or announce in any other way the informational resources published on the website of "Grabo Media" AD.
6). Every user should be aware that, by confirming the clauses of these General Terms and their sections (appendixes), he is obliged to comply with them, both in his relations with the Administrator of the website and in his relations with the other users, which occur as a result of using the website.
7). For unsettled cases in the contract relations arisen between users during concluding a contract between them by using the website, and in cases of contradiction of clauses of a contract concluded between users by using the website and the clauses of these General Terms and their appendixes, the clauses of the General Terms together with their appendixes are applicable, unless otherwise explicitly stated in the specific contract.
ІV. Personal Data Protection
1). "Grabo Media" AD applies the due diligence and is responsible for user data protection, which became accessible in relation to the registration - subject to these General Terms, except in the cases of, except in cases of force majeure, unforeseeable event or malicious acts of third parties.
2). "Grabo Media" AD collects and processes information about the users solely for the purposes provided in these General Terms and the Personal Data Protection Policy.
3). By accepting these General Terms, the user agrees with the processing of his personal data for the purposes of "Grabo Media" AD, according to Personal Data Protection Policy, which is an integral part of these General Terms.
4). By registering in Nastani.bg, the User gives his consent his personal data to be used for the purposes of a future contract conclusion. The user should bear in mind that after a completed purchase under the provisions of a concluded distance contract, the User may not withdraw his consent for processing of his personal data, processed for the purposes of the contract, and also may not be completely "forgotten" (the whole information may not be erased).
5). By registering in Nastani.bg, its user - offering trader (hotel operator, tour operator, tour agent) - accepts and agrees with the right of every user of the website - potential buyer / tourist, who utilizes the offered by the trader services, to publish on the website Nastani.bg his opinion about the quality of the offered services by reviews and/or digital ratings from 1 to 10, accessible and visible on the trader's profile on the same website. Equally, the trader has the right to publish a reply in connection with the buyer's review and rating. The buyer does not have the right to publish reviews with a text, which could be qualified as discriminating and/or damaging the principles of morality. In such cases, the Administrator has the right to erase and/or make the published text inaccessible. The Administrator is not liable for any incorrect statements, published by the buyer, which could damage his good name and/or the trader's business. The trader has the right to demand liability from the buyer for damages caused as a result of published incorrect statements. Agreeing with this clause of the General Terms is a necessary and obligatory condition for registering in the website Nastani.bg, and for using the services offered by its Administrator, as well as for concluding, via the website Nastani.bg, of any contract between a trader offering tourist services and a tourist - a potential buyer. The consequent expressed disagreement of a website user with the text of this clause is a legal argument for the Administrator to erase the profile of the website user.
6). The User agrees that by making reservation, part of his personal data will be shared to the respective offering trader (hotel operator, tour operator, tour agent), for the purposes of execution of the respected arisen legal relations. Such data is: Names, Telephone numbers, E-mail address, as well as any other information, accompanying the reservation and any data presented by the User in this respect.
V. Clarification of the technical steps of a user-buyer during conclusion of a distance contract for booking advertised tourist services via the Internet website Nastani.bg
1). By loading the home page of the website Nastani.bg, the user is able to familiarize himself in details with the published offer for a tourist service. In a visible place on the home page, the user may view both the company's data, which company maintains the internet website, and with the third party's data, who offers any of the offered services, as well as with the latest General Terms.
3). In case that the user is willing to conclude a contract via the presented platform, he shall come up to a page - part of the website, containing a specially developed interface, through which the user will execute an electronic declaration for concluding a distance contract for a reservation of a tourist service, with a prepayment to the account of "Grabo Media" AD. The distance contract is considered concluded with the execution of the prepayment or with the confirmation of the reservation. To confirm the reservation, "Grabo Media" AD issues a document to the user – a Reservation Form in his own name or on behalf of the respective offering hotel operator / tour operator / tour agent, and if he acts as a tour operator, meeting the conditions required by law, he issues a Tourist voucher.
4). In case the user does not have a registration until that moment, he should go through a short registration procedure, where he, voluntarily, according to these General Terms, provides the data necessary for registration and for conclusion and execution of the contract. By registering, a user account is being created as well as a virtual wallet, which is being loaded with user amounts.
5). "Grabo Media" AD and its commercial partners offer the services delivered by them tourist services on the website Nastani.bg. Every offering trader is held liable that the published by him offer complies with the requirements of the applicable legislation and/or Community legislation, including but not solely, the Tourism Act, Consumer Protection Act, Copyright Law and its related rights and Law on Protection of Competition.
6). By filling in an electronic reservation form or by calling the published phone numbers, depending on the conditions of the specific offer, the Tourist may be able, against a prepayment or without a such, to complete a temporary reservation for the desired tourist service, connected with accommodation in advertised tourist establishment. In such cases, the temporary reservation is in force until a period of time, individually published in the instructions of the temporary reservation, during which period the Tourist is obliged to confirm it by executing a prepayment for the amount of the published deposit, if such is required.
7). If there is a technical possibility, for the users (TOURISTS AND HOTEL OPERATORS) of the website Nastani.bg, OIRS shall be accessible, through which the contact between a TOURIST and a HOTEL OPERATOR will be executed in real time, and a reservation will be made for the ordered tourist service.
8). By using OIRS, it should be clear for every user (TOURIST or HOTEL OPERATOR) that:
= As a software, OIRS is a product of intellectual property of "Grabo Media" AD, protected by the Copyright Law and its related rights, and is provided for use to the website users without them having the right to copy it, to change it and/or distribute it;
= The maintenance of the technical and system functionalities as well as the software upgrade of OIRS is executed solely by "Grabo Media" AD, or by explicitly authorized persons, but who do not have and do not publish on OIRS commercial information about the tourist establishments of the HOTEL OPERATORS.
= Every user-HOTEL OPERATOR has an authorized access to the "online reservation system" and he is the sole owner who determines the type and volume, and who also administers the commercial information published in OIRS, with the liability resulting from this to third parties and before the law.
= Every user-TOURIST has a free access to OIRS, by which he enters into OIRS the necessary information for completion of a valid "online" reservation for a tourist service and eventual "online" prepayment, either in full or partial, of this service.
= OIRS provides a direct "online" connection between a HOTEL OPERATOR and a TOURIST, until completion of reservation and eventual payment for the requested tourist service, without the participation or interference of "Grabo Media" AD.
9). The final reservation is possible and is being done after the customer processes a prepayment to "Grabo Media" AD for the stated amount via the published payment methods.
10). The supplier of the tourist service, or "Grabo Media" AD on his behalf, confirms the reservation made to the Tourist by sending him Tourist voucher and/or electronic Reservation form.
11). The Tourist should be aware that as a result of the actions of third parties (other tour operators, tour agents or hotel operators), the confirmed reservation may be cancelled or there could be a change in the conditions, under which it was made. In such cases, the supplier of the tourist service has the right, but not the obligation, to offer the Tourist other possibilities for using the tourist service for the same price. If he does not accept the other offered proposition, the Tourist has the right to opt out, without owing penalty charges or compensations.
12). The Tourist should be aware that the offer for the specific tourist service may contain conditions, other than the conditions in these General Terms. In these cases, the relations between parties are settled down according to the conditions of the specific offer.
13). The Tourist should be aware that, if an insurance is required for utilizing the particular tourist service, and if in the offer, in the tourist voucher or in the reservation form is not explicitly stated that such an insurance is included in the price, so it is not included and the Tourist should make an insurance himself in addition, and in his own account. In these cases, if due to a lack of insurance the Tourist cannot use the tourist service, which he paid for, then the supplier of the tourist service and in particular "Grabo Media" AD as an intermediary, is not liable and does not bear any property liability for this.
14). In the cases when "Grabo Media" AD acts as a TOUR AGENT, performing intermediary activity in connection with delivering tourist services from a third party (other tour operators, tour agents and/or hotel operators), by accepting these General Terms, the Tourist declares his consent, engages the TOUR AGENT and explicitly authorizes him:
= On one hand, to act on behalf of and for the account of the Tourist, and on his behalf and for his own account to reserve the proposed by a third party tourist services, on behalf of and for the account of the Tourist to execute payments to the third party in connection with the reservation made and/or to accept back from the third party amounts, which eventually are subject to a refund
= and on the other hand, to act as a third party's proxy and on his behalf and for his own account to sell to the users-TOURISTS tourist services, offered by the third party.
15). As an intermediary in delivering tourist services from third parties, "Grabo Media" AD assists the Tourists to complete a Reservation for the tourist services, paid by them. In these cases, the Tourist does not owe a remuneration to "Grabo Media" AD for the provided Reservation services. The reservation services, provided by "Grabo Media" AD to a Tourist, are paid by the Tourist only if this was explicitly negotiated between "Grabo Media" AD and the Tourist in a separate contract for order request.
16). When processing a prepayment and a request by the TOURIST, the HOTEL OPERATOR is obliged to issue an invoice to him, which should be personally given or via the TOUR AGENT. Until the issuance of the invoice, the TOUR AGENT has the right, but not the obligation to issue to the TOURIST a preform invoice on behalf of the HOTEL OPERATOR.
17). By exercising his right to rejection of the contract by the buyer-tourist, "Grabo Media" AD, in his role as an owner of the electronic platform, through which the transaction has been completed, if he hasn't transferred yet the prepayments to the seller's account (hotel operator / tour operator / tour agent), he has the right, but not the obligation to recover the amount paid by the user-buyer, by transferring it into his virtual wallet or, after explicit request of the latter, after presenting a document proving the payment, to transfer the amount to his stated bank account. The amount, accumulated in the virtual wallet may be used only for shopping via Nastani.bg. For the period of storing funds on "Grabo Media" AD, interests or remunerations are not due. Refunds to the user-buyer are executed via bank transfer, where all transaction costs in connection with the refund of the particular amount is for his own account.
18). Prepayment of the contract price is executed through exhaustively explained on the website payment methods, where execution of payment, from one hand, is a voluntary declaration of the user that he agrees to prepay the service, and from the other hand, it constitutes an electronical declaration by the user that he agrees to the General Terms of Website Use, the General Terms for Delivering Tourist Services and to the individual for a specific offer terms, which he have read alone, approved and chose up to this moment. If the payment is executed in cash by a "cash terminal", that does not return change, the amount paid extra is cumulated into a virtual wallet, opened for the user during his registration in the website. For next purchase, the user may use the accumulated amount in his virtual wallet.
19). After conclusion of the contract, the user receives to his email or to explicitly stated location on the user interface, provided by "Grabo Media" AD a message about his successfully acknowledged declaration, which constitutes a confirmation that the contract has been concluded, also a Reservation form or a Tourist voucher. From this moment on, the parties on the contract are guided according to the General Terms and according to the individual conditions of the specific offer. In case that a user-buyer receives confirmation and do not benefit of the reservation made under the conditions and within the deadline, stated in the respective offer, the user-buyer does not have the right to demand a refund of the prepaid amount (deposit), which remains as a compensation for the seller.
20). Any change in the circumstances connected with the contract, is announced to the user to his email or on the user interface, provided by "Grabo Media" AD. Transfers of funds from Nastani.bg to website users are processed only via bank, where all transaction costs, made in connection with the transferred amount, are for the account of the user who receives it.
21). Transfers of funds from Nastani.bg o website users are processed only via bank, where all transaction costs, made in connection with the transferred amount, are for the account of the user who receives it.
22). All financial operations and transfer of funds, executed by "Grabo Media" AD in connection with the website Nastani.bg, are done based on Bulgarian LEV, and in operations related to another currencies - according to a calculation of the respective daily exchange rate, published by the Bulgarian National Bank.
а) If a user-TOURIST states within the OIRS settings, that he wants to be able to see prices of the offers in other currency, different from BGN, then OIRS recalculates prices according to the daily exchange rate of Bulgarian National Bank of the respective currency. If from the moment of order request to the moment of its payment by the user there is a change in the exchange rate of BNB, the risk of this is for the account of the user.
b) If a user-HOTEL OPERATOR states in his OIRS settings that he wants to be able to see his offers priced in a currency, different than BGN, then, based on the published prices and on BNB daily exchange rate of the respective currency, OIRS recalculates the prices in LEVA and uses the final price as a basis in visualization before the website users. During execution of payments by user-TOURISTS to "Grabo Media" AD and during execution of payments from "Grabo Media" AD to the HOTEL OPERATOR, the risks of change in the BNB exchange rate and the risks of another exchange rate set by the operating bank, as well as the risks of additional costs in recalculating in another currency are for the account of the HOTEL OPERATOR.
23). Users-TOURISTS and users-HOTEL OPERATORS agree and accept that all prices published on OIRS are rounded off to a whole number for marketing purposes. In case of currency conversion, the rounding off is performed after the conversion. "Grabo Media" AD is not liable for eventual damages or lost benefits incurred consequently as a result of rounding off the prices.
VІ. Confidentiality of communication
2). The users, by accepting these General Terms, agree that the data provided by them, by which a contact with them can be performed, to be used by "Grabo Media" AD for sending messages and for correspondence regarding the statute of incurred as a result of using the website Nastani.bg legal relations.
1). Intellectual property rights over all subjects of intellectual properties - materials, databases and other resources, located on the website Nastani.bg, are subject to protection according to the Copyright Law and its related rights and/or the Law on Marks and Geographical Indications, and belong to or has been provided for use to "Grabo Media" AD and shall not be used by any other person whatsoever in violation of the legislation in force. The intellectual property rights in relation to the text and the content of the published offers belong to the publishing trader, who offers them, and he solely bears liability for their lawful use.
2). (1). All elements of the content of the website Nastani.bg, including design, domain name, trademark, software systems, software as services, databases, industrial design and other information or elements, which constitute subject of intellectual property within the meaning of the Copyright Law and its related rights, the Law on Marks and Geographical Indications and the Law on Industrial Design, are intellectual property of "Grabo Media" AD.
(2). Any utilization, reproduction, change, public disclosure or other similar actions of a part or the whole copyright content of the websites of "Grabo Media" AD without the explicit prior written consent of "Grabo Media" AD as a carrier of the copyrights (who legitimates his rights over the respective product in appropriate and generally acceptable way) is forbidden and is pursued according to the established by the applicable national and international legislation, governing the intellectual property procedure.
(3). Any User whatsoever does not have the right to save, copy or reproduce the source code, as well as parts, elements or materials of the Website Nastani.bg without the explicit written consent of "Grabo Media" AD.
(4). Copyrights of all materials located on the website Nastani.bg (including the existing databases, trademarks, industrial designs, and others), are subject to protection of the Copyright Law and its related rights, the Law on Marks and Geographical Indications and the Law on Industrial Design, belong to "Grabo Media" AD and shall not be used in violation of the legislation in force.
(5). The opportunity for use of services for any User whatsoever, provided by "Grabo Media" AD, does not include the right to copy or reproduce information and to use objects of intellectual property, unless it concerns insignificant volume of information, intended for personal use, provided that there is no undue violation of the lawful copyrights of "Grabo Media" AD and in case that the copyright or reproduction are performed for non-commercial purposes, and when referring to it, it is explicitly stated that is has been downloaded from the website Nastani.bg.
(6). When copying or reproducing of information outside the acceptable limitations, according to the previous subparagraph, as well as in any other violation of the copyright over the resources of "Grabo Media" AD, the offender owes to "Grabo Media" AD a penalty charge of BGN 50 000 (fifty thousand) for every individual violation. The stated amount of the penalty charge does not deprive "Grabo Media" AD of the right to claim compensation for amounts greater than the amount of the penalty charge.
(7). Every User is obliged by using the website Nastani.bg and its functionalities, to comply with Bulgarian legislation, the applicable foreign laws and these General Terms, the Internet ethics, the principles of morality; to not damage any others good name and not to call for forced changes in the constitutionally established order, for committing a crime, or crimes against persons or inciting racial, national, ethnic or religious hatred, not advocate fascist or any other anti-democratic ideology, not violate foreign property or non-property rights, including the right for intellectual property; to immediately notify "Grabo Media" AD about any case of committed or registered violation; to not interfere in the rightful action of the system, including but not only, to not obstruct the procedure for identification of other user, to not act beyond the granted access, to not violate or impede persons, reliability or the quality of the granted access, as well as to not use it in a manner, which incurs refusal of its utilization; to not extract by technical means or by technical manner informational resources or parts of informational resources, which belong to database located on the website Nastani.bg and thus, to not create own database in electronic or other form; to not present himself as another person or in any other way to mislead third parties in relation to his identity or his membership to a certain group of people; to not commit malicious acts within the meaning of these General Terms.
(8). By confirming these General Terms, every User agrees and accepts that "Grabo Media" AD owns all rights, property and interest, including, without limitation, all rights of intellectual property (as defined above), showing advertisements, technologies, search technology, technology for referral of certain actions, including default licenses regarding establishments, licensed by "Grabo Media" AD, also that the User shall not acquire rights from the system of "Grabo Media" AD. The user is obliged not to amend, adapt, translate, create derived productions, decompile, dismantle or in any other way to attempt to acquire databases or the source code for the software services offered by "Grabo Media" AD. The same prohibition is valid for all attempts to access confidential information or documentation, creation or an attempt for creating a substitute or a similar service, or a product, by accesing the system or company information related with rights of "Grabo Media" AD. The User is obliged not to use anyhow, remove, close down, or change copyright powers of "Grabo Media" AD, trademarks, industrial designs or other rights of intellectual property, included or referring to any of the products or services offered by "Grabo Media" AD.
VIII. Rights and obligations of the parties
1). "Grabo Media" AD is obliged to execute with a due commercial diligence, and according to the requirements of the law, its obligations as a supplier of a tourist and/or intermediary service in a way, which enables the Tourist to receive the tourist service in compliance with the conditions, established in the offer and accepted with the confirmation of the reservation.
2). The Tourist is obliged to assist and to provide to the supplier of tourist services, including to "Grabo Media" AD, complete and true information, as well as all documents necessary for organizing and delivering of the tourist service.
3). "Grabo Media" AD does not engage and does not guarantee the issuance and delivering of identification documents and visas for cross-border journeys.
4). The Tourist bears personal liability and is obliged to provide the regularity and the accurate design of his identity documents, as well as the documents necessary for his cross-border journey.
5). For a cross-border journey with persons under 18 years old and for travelling of a child with one parent, the Tourist is obliged to personally familiarize via the website of the Ministry of Exterior and of National Customs Agency about the current regimes in force and the necessary documents, in order to deliver them in time "Grabo Media" AD may assist the Tourist for solving arisen issues, according to the capability of its free resources.
6). The Tourist is clear about and agrees that he should pay extra for tourist services, not included in the price, based on which the reservation has been done and confirmed.
7). When acting as a TOUR AGENT, since acting as an intermediary and sells to the TOURISTS tourist services, delivered by third parties - other tour operators, tour agents and/or hotel operators, "Grabo Media" AD does not bear material liability before the TOURIST for non-execution or for poor execution by third parties.
IХ. Amendment and termination of the contract.
1). During the peak period of the respective tourist season, depending on third parties actions (other tour operators, tour agents or hotel operators), "Grabo Media" AD has the right to execute substitution of the hotel in the reservation with another one of the same or higher category, in the same or in other resort, with no change of the total price of the respective tourist service.
2). In the cases of cancellation of the tourist journey, if it was stated in the offer, if there is a lack of certain minimum number of Tourists, "Grabo Media" AD may offer to the subscribed Tourists an individual journey with a higher price or redirect the beginning of the service for another date or for another route. In such cases, within 14 days prior to the journey "Grabo Media" AD may refuse execution of the contract and unilaterally to terminate it by returning the amounts paid by the subscribed Tourists, without owing them additional penalty charges or compensations.
3). If the Tourist refuses to use the tourist service or terminates the contract due to reasons not related to a guilty behavior by "Grabo Media" AD, unless otherwise agreed - he owes to "Grabo Media" AD
the following penalty charges for failire of execution, as a percentage of the total amount of the tourist service, which may be deducted from the prepayment for the reservation, namely:
= In case of cancellation 7 full days prior to the check-in date: 0 % penalty charge;
= In case of cancellation within the period of 7 to 3 full days prior to the check-in day: 20 % penalty charge;
= In case of cancellation after that, or in case of no show: 40 % penalty charge of the full prepaid amount.
5). TOURISTS, who have purchased tourist services may transfer their rights and obligations of the contract for the purchased tourist services to the benefit of third party, who corresponds to all requirements for receiving the purchased tourist service. In these cases, the TOURIST is obliged within 24 hours after the transfer to notify "Grabo Media" AD about the occurred event. At the same time, the third party who acquired the rights and obligations, should make a request to "Grabo Media" AD for a Tourist voucher and/or Reservation form with his data. Transfer of rights is not allowed if there are less than 8 days until the beginning of delivering the tourist service, unless other specified in the offer. In these cases, the risk of the transaction for transferring of rights is solely for the third party and "Grabo Media" AD does not owe him refunds and/or any compensations and/or penalty charges whatsoever, in case the third party was not able to use the tourist service due to the late transfer of rights.
6). "Grabo Media" AD has the right to refuse execution and unilaterally to cancel the contract for provision of tourist service, when the Tourist does not pay the due amounts within the set deadlines.
1). "Grabo Media" AD is not liable for the actions and decision of the official authorities of a foreign country, which restricts Tourist rights and his capability to use the delivered tourist service.
2). "Grabo Media" AD is not liable in cases of organized individual or group tourist events, when, due to Tourist's fault or any other third parties, including, but not solely another tour operator or another tour agent, the event was held without his participation or did not occur because of his fault.
3). "Grabo Media" AD is not liable if the contract for tourist service was not executed due to force majeure circumstances (including, but not solely: natural disasters and upheavals, rivals, wars, strikes, riots, terrorist attacks, sudden death, body injure or a disease of a person directly responsible for organizing, performing and execution of the tourist service, who was not possible to be replaced on time, etc., etc.). In such cases, the amounts, paid by the tourists, are refunded back to them within 14-day period after pay out by the insurance agent or after refunding the amount by a third party - a counterparty (other tour operator, tour agent, hotel operator or a transport company) - in full or proportionally depending on the received amount.
4). "Grabo Media" AD is not liable for the Tourist' baggage (loss, damage, unlawful confiscation, etc.) and does not owe him a compensation for unused tourist services, which he was able to, but did not took advantage.
5). In case of inaccurate or poor execution of the contract by "Grabo Media" AD, the tourist is obliged to immediately to report the lack of execution by a report or other equal document, drawn up and signed by the competent officers based on the location of non-execution. Within 7-day period after using the tourist service, the Tourist has the right to file a written complaint for the delivered tourist service before "Grabo Media" AD, to the published address. The right to complaint belongs solely to the affected person. Within 1 month after filing "Grabo Media" AD re revises and gives statement on the filed complaint by informing the person who filed it about the result.
6). The due compensations and/or penalty charges may not exceed the value of the tourist service - subject of the contract.
7). Liability for doubled reservations is borne by the supplier of the tourist service.
1). Problems in connection with delivering the tourist service for reserved accommodation in a hotel, which occurred after the beginning of its delivery, are being solved by coming to an agreement between the tourist and the hotel management, where he is accommodated.
2). In case of lack of an agreement, the TOURISTS, purchased the tourist services, have the right to complaints according to the following procedure:
(а) All TOURISTS' claims should be submitted in written form to the management of the establishment during their stay in the tourist establishment. About the submitted claim, either by email or a phone call, the TOURIST notifies also a representative of "Grabo Media" AD.
(б) The HOTEL OPERATOR is obliged to instruct his employees that they should accept the submitted written claims and confirm the moment of claim submission by putting the date and signature on the tourist's copies.
(в) Within 24-hour period after the submission, the Claim is being revised by the management of the tourist establishment, by the HOTEL OPERATOR or his representative, and the TOURIST is informed in writing or by email about the result of the claim, and "Grabo Media" AD.
(d) If "Grabo Media" AD has on-site representative, the HOTEL OPERATOR is obliged to let this representative to participate in the claim proceeding and to provide him with a copy of the written reply on the previous article "c".
(д) Claims, which are not submitted in writing onsite at the hotel, which were initially submitted after the end of the delivery of the tourist service - are not considered.
(е) Claims about any other services outside the packages purchased by the TOURIST, are not considered according to the procedures of this contract. Such claims relate only to the TOURIST and the country, where he purchased the respective services.
ХІІ. Final provisions
1). In the relations between the parties, the conditions of these General Terms are applied as much as the offers, published on the website Nastani.bg, lack other specific conditions for delivering the respective tourist service.
2). When there are contradictions between the published reservation conditions for a specific offer, which are necessary to receive a tourist service, and the clauses of these General Terms for providing a tourist service, applicable conditions are those specified in the offer.
3). By confirming the General Terms, the user of the website also confirms the acceptance of each of their appendixes. By confirming any of the appendixes to the General Terms, the user of the website confirms also the General terms.
4). "Grabo Media" AD reserves the right to change or compliment these General Terms and their appendixes unilateral, without informing the user about this.
5). By confirming these General Terms, the user-buyer declares that he is aware of his rights according to the CPA.
6). The parties declare that, in case any of the clauses of these General Terms and/or their appendixes prove to be invalid, this shall not entail invalidity of the contract or other clauses or its parts. The invalid clause shall be replaced by the imperative provisions of the law or of the established practice.
7). For all unsettled issues of these General Terms, the provisions of the legislation in force of the Republic of Bulgaria are applicable.
8). The parties of this contract agree that the disputes between them shall be settled by negotiations, and in case of non-attainment of agreement - by the Chamber of Arbitrage Court, sitting with three judges, Commercial Association, Address: 4003, Plovdiv, 37 Tsar Boris III Obedinitel, Court of Justice 27, Tel.:+359 32 628 933 ; Fax: 032 264 478; E-mail: firstname.lastname@example.org.
9). These General Terms and/or their appendixes may be revised and updated at anytime by "Grabo Media" AD. If you continue using the website, you explicitly agree with the implemented changes.
10). These General Terms also include the following documents - Appendixes:
• Personal Data Protection Policy (for visitors, users, buyers, subscribers)
• Personal Data Protection Policy (for Hotel operators)
All rights reserved!
"Grabo Media" AD, EIK: BG203412406, with registered office and headquarters: Bulgaria, Plovdiv, bul. Iztochen 94, fl.6, e-mail: email@example.com, Tel.: +359 89 432 4004.