Conditions

Balkan Wings

General conditions

I. SUBJECT

Art. 1. (1) These Terms and Conditions cover the order and manner of use of the Balkan Wings Internet Platform (with web address: www.balkanwings.bg), intended to offer tourist services on the Internet.

(2) They govern the relations between the users of the website and the company that manages it (manages it).

II. DEFINITIONS

Art. 2. Definitions:

1.BALKAN WINGS EOOD (LTD), UIC 131230477, with the following registered office and business address: Sofia 1517, 40 Vladimir Vazov Blvd. the legal entity that owns and manages the website www.balkanwings.bg. The services listed on this website are offered by the same company.

BALKAN WINGS EOOD (LTD) holds Certificate No. RK-01-6413 dated June 17, 2009 for the provision of tourist activity – Tour Operator and Travel Agent. Pursuant to the provisions of the Tourism Act, the company has entered into a contract for “Tour Operator Liability” insurance with Insurance Company "Euroins" AD. The certificate to the insurance policy is No. 03700100002901/August 14, 2020 with validity until 24:00 on August 13, 2021.

2. Balkan Wings – an internet platform based at www.balkanwings.bg, which includes: information and reservation system and offers the following services - online booking of hotels, airline tickets, cruises, car rental and package holidays;

3. User - any person (natural or legal) who uses the website and the services offered therein;

4. Hotel - a facility that offers and supervises accommodation for temporary stay and accommodation pursuant to the Tourism Act. The most common form of providing accommodation. Categorization up to 5 stars

5. A hotelier - a person representing a particular hotel or group of hotels

6. Reservation system - part of the Balkan Wings platform be means of which every user is able to choose a hotel, car rental, cruise and other tourist services in real time, check their availability, make a reservation and pay for this service;

7. Reservation - pre-booking, booking of places to travel;

8. No-show - cases where you make a reservation and do not appear on the day of check-in without informing us in advance of your desire to cancel the reservation. Under our cancellation policy, no no-show refunds are provided.

9. Profile - a separate part of the platform containing information about the User required by Balkan Wings upon registration, and access to the User's profile is by entering a username and password. The account enables the User to use the services of the platform, to submit requests for tourist services, to modify their requests, to cancel them, to change their password, etc.

10. Excursion - type of tourist trip offered on the market as an integrated product by the tourist operator. It includes travel services, information services, accommodation, meals and organization of leisure time of tourists.

11. Package holiday - a holiday consisting of transport and accommodation advertised and sold together by a seller known as a tour operator. It contains a programme and set of tourist services of a different type and duration, with individual service prices included in the package lower than established prices

12. RO – room only, no meals;

13. BB (Bed & Breakfast) – breakfast only (free drinks during breakfast: tea, coffee, water).

14. HB (Half Board) - half board – breakfast + dinner (free drinks only during breakfast: tea, coffee, water).

15. FB (Full Board) - full board – breakfast, lunch and dinner (free drinks only during breakfast: tea, coffee, water; during lunch and dinner drinks are paid).

16. FB+ (Full Board Plus) – full board – breakfast, lunch and dinner + some drinks (most often wine or beer) during meals.

17. Al (All Inclusive) - all included in the price: full board + locally produced alcoholic and soft drinks.

18. Al+ (All Inclusive Plus) - everything included in the price: full board + alcoholic and soft drinks local production, as well as some services at the discretion of the hotel administration.

19. UAl (Ultra All Inclusive) - everything included in the price, plus some imported alcoholic beverages and some additional services at the discretion of the hotel administration/in some hotels this system is present under the name AEAI, HEAI, AIS, DAI, EAI, AAI, DLAI, HCAI, etc./.

20. ROH (Run Of the House) - the hotel offers its rooms at the same price, regardless of their category and does not confirm reservations for a specific type or type of room. This category assumes that accommodation is at the discretion of the hotel administration (i.e. if the hotel has different types of standard rooms such as Land View, Sea View, Main Building, Club Room, etc., at ROH accommodation may be in any of these types of rooms depending on the availability at the time of check-in).

21. Accommodation types:

DBL - double room;

SGL - single room;

EXB - adult on extra bed;

CHD - child /children below a given age according to the hotel's pricing policy;

22. Hotel category - The number of stars used by the hotel to define its category is a conditional comparative unit that combines services, furniture, amenities, space and often prices. The following basic criteria are used as a generalisation to serve as a benchmark:

1* - Quite basic amenities. Only furnished.

2** - Comfort and services are average, offers additional services on top of accommodation.

3*** - Services and furnishings are above average, balance between price and offered amenities.

4**** - Significant number of peripheral services in addition to comfort, which is considered well above average.

5***** - The highest internationally recognized standards with guaranteed satisfaction for even the most demanding guests.  Full range of amenities and services for both tourists and business travellers, far in excess of accommodation as a concept.

23. Цена за възрастен делящ двойна стая - Price for adult sharing a double room.

24. Цена за двама възрастни в двойна стая - Price for two adults in a double room.

III. USE OF THE PLATFORM

Art. 3. (1) By signing in, accessing or using our website in any way, even before registering thereon and opening a personal account, each User agrees to comply with these Terms. When a User reserves any of our products, they do so under the terms of this page and under any additional conditions that apply by the hotel or carrier where they will be accommodated. All these conditions represent the full agreement and contract between the User and BALKAN WINGS EOOD (LTD) in connection with the subject of the tourist services.

(2) The User shall be entitled to use this Website only for personal use (which in any case is appropriate and in good faith) or for purposes legally related to the purchase of our products and services. The user has no right to access, use or copy materials or information on this website for commercial purposes or for purposes not authorized by law. In particular, the user shall not copy (whether by printing, storing a disk or otherwise), distribute (including by distributing copies), alter or falsify in any way or use materials contained in this website, with the exception of the printing of individual pages for personal use. The user shall not send or transfer in any way the website, data or its content to another computer, server, web page or other mass media

IV. APPLICABLE LAW

Art. 4. This platform was established in the Republic of Bulgaria and any disputes between the User and Balkan Wings EOOD (LTD) arising in connection with the interpretation, performance or non-fulfilment of these conditions and in connection with the tourist services offered and respectively used will be resolved in accordance with the legislation in force in the Republic of Bulgaria by the Sofia Regional Court or Sofia City Court, depending on the nature and competence of the dispute.

V. REGISTRATION ON THE PLATFORM

Art. 5. (1) Registration for the Balkan Wings platform and opening an account:

5.1. In order to use the tourist services offered by BALKAN WINGS EOOD (LTD), the User is obliged to register with the Balkan Wings platform by providing name, middle name and surname, e-mail address, telephone number. By registering, the User confirms that he/she has read and understood these Terms and agrees to be bound by them. However, should the user not accept or cannot accept the terms and conditions in their entirety, you must immediately cease using the website.

5.2. After registration, BALKAN WINGS EOOD (LTD). shall send an e-mail message to the User informing him or her that the registration has been successfully completed and provide him or her with data for access to his or her profile in the platform – username and password;

5.3. After submitting confirmation of registration and granting access to his or her account, all actions carried out by the User in his or her own account through password-protected access, including requests for tourist services and others, will be considered as actions carried out by the User him or herself and he or she will be liable for all resulting obligations and consequences. In this regard, the User will be responsible for actions of third parties performed through his or her own password-protected access (account) in the Balkan Wings system.

5.4. By creating a profile in the platform and by accepting these General Terms and Conditions, the User gives his or her explicit, free and informed consent to the processing of his personal data. Users' personal data will be collected, stored and processed in accordance with the applicable European and national legislation, according to the Privacy Policy, which is an integral part of these Terms and Conditions.

VI. ORGANIZED TOURISM TRAVEL (TA)

Registration

Art. 6. (1) A Registered User shall be entitled to make a temporary reservation (TR) by filling in a tourist trip booking form - TT through their own profile, including by telephone. If possible, the TR shall be kept for up to 2 working days, after which it must be confirmed by payment of a deposit.

The information provided in the offices of BALKAN WINGS EOOD (LTD) is the only legitimate information and takes priority over that which can be obtained from other information sources (internet, advertising brochures, radio and TV shows, etc.).

(2) Reservation shall be made only after payment of a deposit amounting to 50% of the value of the package holiday. The remaining amount of 50% shall be paid at least 10(ten) working days before the date of departure.

(3) These general terms and conditions for organized tourist travel shall be binding upon BALKAN WINGS EOOD (LTD) to fulfil a temporary reservation made within two working days. When in the meantime a contract is signed, it is assumed to have been entered into on a deferral condition, with a view to final confirmation, and in the absence of such confirmation, BALKAN WINGS EOOD (LTD) shall offer other options which the user can accept or refuse without owing a penalty or compensation.

(4) Within 10 to 7 working days before the start of the trip, the User shall to visit the office of BALKAN WINGS EOOD (LTD) to be presented with the information referred to in Art. 32 of the Commercial Code.

Rights and obligations of the parties with regard to Tourist Travel Visa conditions and insurance

Art. 7. (1) Balkan Wings EOOD (LTD) undertakes the obligation to prepare, provide and carry out the TT. The User shall fully cooperate with Balkan Wings EOOD (LTD), including by submitting the necessary documents for the implementation of the TT.

(2) In the event of cross-border travel, Balkan Wings EOOD (LTD) does not guarantee the issuing of a visa, but undertakes only to provide the necessary forms and to submit the documents requested by the user to the competent authorities and services, including by notifying the requirement for an interview. When admitting foreign tourists to the territory of the Republic of Bulgaria, at the request of the user and if such a possibility is available., Balkan Wings EOOD (LTD) shall provide assistance for entry/exit and stay within the country, including the issuing of a visa and/or other necessary documents, without undertaking any commitments that fall within the competence of the authorized state authorities and institutions or other third parties. The user is responsible for the regularity and precise appearance of his or her identity documents, including the overseas passport.

(3) The user shall be entitled and obliged to familiarize himself and herself in detail with the currency and customs regime and the conditions for entry/exit and stay on the territory of the Republic of Bulgaria. Users of a minority age (in Bulgaria under the age of 18) travelling with one of their parents or without a parent must possess and present to the border authorities a power of attorney (declaration of consent) certifying the consent of the parents/other parent, respectively their guardians, for travel abroad.

(4) The User shall be obliged to pay the additional services not included in the value of the tour separately.

(5) Balkan Wings EOOD (LTD) shall provide accommodation in the respective transport vehicle according to the order of registration. Exceptions are possible for disabled people, pregnant women, and taking into account the age, health of the user and similar requirements.

(6) Balkan Wings EOOD (LTD) shall establish the prices and all other conditions of TTs and shall promptly take the necessary measures to publicise their amendments. Balkan Wings EOOD shall be entitled to change the final price in the contract when after it has been entered into, the price of the components involved in forming the cost of the respective trip (transportation, hotel, restaurant, exchange differences, etc.) change by no less than 3%.

(7) In the event of delayed payment, Balkan Wings EOOD (LTD) shall be entitled to amend the terms of the TT or cancel the reservation with the respective consequences.

(8) Balkan Wings EOOD (LTD) shall provide medical insurance for the user travelling outside the Republic of Bulgaria, which is included in the price of TT and is valid for the period of residence abroad for the period specified in the contract. At the request of the User, a higher level of insurance and/or Assistance shall be provided. The user shall be entitled and obliged to familiarise him or herself in detail with the insurance policy provided. In the case of incoming tourism, foreign users must have the appropriate medical insurance applicable to the Republic of Bulgaria, and in the absence thereof to make provision.

(9) The User shall be entitled within one month before the start of the TT to transfer his or her rights and obligations under the contract to a third party by notifying Balkan Wings EOOD (LTD) in writing within three days and shall remain jointly and severally liable for all resulting obligations. In these cases, in addition to other possible costs, Balkan Wings EOOD (LTD) shall be entitled to an administrative fee for the transfer, amounting to the actual costs, but not less than BGN 30 per person.

(10) The person who signed an organized tourist travel contract or made the reservation through this platform shall represent the interests of all tourists whose names appear in the contract, and shall bear responsibility for their personal data, as well as for all obligations under the contract, and shall assist the third persons in carrying out the TT.

Conditions for cancellation of the tourist trip

Art. 8. (1) In the peak period of the tourist season, Balkan Wings Ltd. may substitute the hotel with one of the same or higher category, in the same or another resort, without changing the total price of TT.

(2) In the absence of a minimum number of tourists (only if indicated in the respective offer), the user shall be offered an additional payment for individual travel, reorientation towards another group or route. During a period specified in the specific offer before the start of the TT, Balkan Wings EOOD, after informing the consumer, shall be entitled to cancel the trip, whereupon it reimburses the entire amount without any mutual penalties and/or compensation.

Penalties and property liability of the parties

Art. 9. (1). Upon refusal of the user to undertake the TT for reasons not related to the failure of Balkan Wings EOOD (LTD) to fulfil its obligations, the amount paid shall be fully reimbursed within three working days and the following penalties shall be deducted/claimed from it, in percentage of the value of the TT: up to 3 months -0%; up to 30 days before the date of travel -20%; from 29 to 16 days -30%; from 15 to 10 days - 70%; less than 10 days until the start of the TT - 100% of the full value of the TT. Failure to pay within the full amount of the chosen TT shall be considered as a refusal of the consumer with the consequences provided for in this point.

(2)) Balkan Wings EOOD (LTD) shall not be liable for change of departure airport, the time of the flight, the replacement of the aircraft type carried out by the airline. Similarly, the provision shall apply where another mode of transport is used.

(3) In the event of a breach of the legislation in any country included in the programme, including the Republic of Bulgaria, by a Tourist and/or disrespect to the social order, customs, traditions, religious beliefs, non-compliance with the rules of personal safety, the liability shall be entirely borne by and at the expense of the offending person concerned. When, for similar reasons, by decision of the authorities or responsible persons, the Tourist is denied the opportunity to leave or enter a country included in the programme, including the Republic of Bulgaria, and including transportation or accommodation in a reserved hotel, resulting in the TT being carried out, in whole or in part, without the respective tourist, Balkan Wings EOOD (LTD) is not liable. Balkan Wings EOOD (LTD) is not liable when due to the circumstances set out above, there is a delay of more than 30 (thirty) minutes of the group travel, resulting in the TT being carried out, in whole or in part, without the respective tourist. Balkan Wings EOOD (LTD) is not responsible for any complications in the undertaking of the schedule (e.g.: unconfirmed flight and hotel reservations) in the event of a change at the user's request of the initial conditions of the trip (route, duration, flight hours, travel dates, etc.) within 30 days prior to the date of departure. In the event of force majeure, due to which the TT cannot be carried out or extended, and occurring after full or partial payment of the TT by Balkan Wings EOOD (LTD) to its counterparties, Balkan Wings EOOD (LTD) is obliged to pay the user an amount equivalent to the amount recovered by the partner counterpart (tour operator, hotelier, carrier, etc.) within 10 days of its receipt. Balkan Wings EOOD (LTD) is not responsible for the Tourist's luggage (disappearance, loss, damage, etc.), nor for its contents, nor shall it compensate for the value of the services for which the Tourist could have used, but did not. The amount paid by Balkan Wings EOOD (LTD) in its capacity as compensation for damages may not exceed the value of the TT. In the presence of international treaties in force for the Republic of Bulgaria, liability for damages shall be limited to the amount provided for therein, in accordance with the provision of Art. 40, Paragraph 2 of the Tourist Law, but no more than the value of the TT.

Claims

Art. 10. (1). In the event of the inaccurate performance of the contract as determined during the trip or stay, the Tourist shall be obliged to immediately notify and acquaint Balkan Wings EOOD (LTD) with the problem. All claims shall be noted at the place where the incident occurred and a statement of findings drawn up in duplicate, signed by persons competent or authorized to certify the relevant facts and circumstances. One protocol remains available to the hotelier and the other should be presented to Balkan Wings EOOD (LTD).

(2) Claims made by the Tourist regarding the quality provided and the performance of the TT shall be made in writing with the application of the statement of findings for deviations from the contract within 7 days from the moment of completion of the TT. Balkan Wings EOOD (LTD) shall review the received claim within one month.

(3) The presentation of a claim shall be a prerequisite for claiming liability.

(4) All disputes between the parties shall be settled by the Sofia City Court or the Sofia Regional Court, depending on the gender competence of the dispute.

VII. AMENDMENT AND SUPPLEMENT OF THE GENERAL CONDITIONS

Art. 11. BALKAN WINGS EOOD (LTD) reserves the right to amend and supplement these Terms and Conditions without prior notice, and amendments to the Terms and Conditions shall take effect from the day of their publication on the website at https://www.balkanwings.bg, unless a longer period is specified in them.

 

 

 

 

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