Terms & Conditions
of use of the platform www.tripxv.com
Art. 1. (1) These General Terms and Conditions ("General Terms and Conditions") represent a legal agreement between you ("You" or "User") and Orpheus Club Wellness PLC registered in the Commercial Register of the Registry Agency at the Ministry of Justice of the Republic of Bulgaria with UIC 160098651, with registered address: Plovdiv, 27A Hristo Botev Blvd.
(2) By opening or using any part of the platform offered by www.tripxv.com, you declare that you know and understand these Terms and Conditions, accept them in full and undertake to abide by them.
Art. 2. (1) The platform www.tripxv.com is owned by the Bulgarian trading company Orpheus Club Wellness AD, with UIC 160098651, with registered address: Plovdiv, 27A Hristo Botev Blvd.
(2) The access to the online platform www.tripxv.com takes place through the World Wide Web, through the PDA, through mobile networks and RSS feeds.
(3) Notwithstanding the technical means and the manner in which access is made, these General Terms and Conditions shall have the same legal value and shall be equally binding on the Parties.
Art. 3. (1) Orpheus Club Wellness AD, UIC 160098651 reserves the right to modify the General Terms and Conditions at any time for which you will be notified by posting on the homepage of www.tripxv.com
(2) Any change in the General Terms and Conditions may not lead to less favourable conditions for already requested and not yet completed exchange operations.
Art. 4. (1) The terms used in these General Terms and Conditions shall have the following meanings in the following sense:
(2) "Materials" means all printed and digital materials, including, but not limited to, support files, reference documentation, training documentation or technical information and briefings in connection with the Platform, Content and Software. The materials are not subject to use by the User in accordance with these General Terms and Conditions. They are the property of the Platform Holder.
(3) "Platform" means a consumer online information system owned by Orpheus Club Wellness PLC, with the content contained therein, namely: mediation in the provision of services in the field of tourism.
(4) "Content" means all data, video records, sound records, text, music, sound, tones, photography, graphics, videos, messages, tags or other material or other digital information included in the Platform, including the information related to the Services and / or the offers proposed by Orpheus Club Wellness AD and its partners, the content of any message sent by electronic means and / or any other accessible means of communication, the information concerning the users, etc.
(5) “Service(s)” of the Platform include(s):
- a wall to order;
- a registered user's personal wall
- the possibility of choosing a variety of tourist destinations;
- the possibility of choosing accommodation places;
- the possibility of choosing attractions;
- the possibility of choosing trips and guides.
(6) "Partner" means any person with whom Orpheus Club Wellness PLC is in a contractual relationship, which is entitled to provide and / or offer to the users of the Platform additional services and / or goods and products and / or other information.
(7) "Cookies" are small files that are sent to the user's computer by the websites he/she visits and are stored on it. “Cookies” are stored in the file directory of the used browser. The next time the User visits the same site, the browser reads "Cookie" and transmits the information to the website or item that originally sent the "Cookie". For more information, please visit, for example, www.allaboutcookies.org
INTELLECTUAL PROPERTY RIGHTS AND RETENTION OF OWNERSHIP
Art.5. (1) The contents of the Platform, Software, and Materials are not subject to sale.
(2) Orpheus Club Wellness PLC shall be the holder of all rights on the Platform, content and software and all copies protected by the law and the applicable international legislation, agreements and conventions on intellectual property rights, including trade secrets.
(3) The User agrees to use adequate means to protect the content of the platform, the software and the materials against unauthorized use, copying, distribution or publication. Orpheus Club Wellness PLC shall retain all rights not expressly granted under these General Terms and Conditions, including the right to change and improve the platform, the software and the materials.
(4) Orpheus Club Wellness PLC does not grant the user any explicit or indirect right on the patents, trademarks or information that is a trade secret of Orpheus Club Wellness PLC or its licensors or its partners.
Art. 6. (1) Pursuant to these General Terms and Conditions, Orpheus Club Wellness PLC shall grant the user a personal, non-exclusive, limited, non-transferable right to use the content of the platform by allowing the user to make the permitted use under these General Terms and Conditions.
(2) The right granted includes, in particular, the right of the user to use the content of the platform in accordance with the scope of use in conformity with Article 4 of these General Terms and Conditions. All passwords or controlled access information provided by Orpheus Club Wellness PLC are confidential information for which secrecy the only responsible is the user.
SCOPE OF USE
Art. 7. (1) The User may make Orders on the platform by adding the desired Services, following the steps specified in the platform to complete and send the relevant Order.
(2) Each added service is accessible for purchase within the available quantities. Adding a Service without being terminated does not result in the order being registered and the Service automatically booked.
Art. 8. (1) The User shall undertake and be responsible for all the details of the purchase which he/she has requested through his/her order completed and sent to Orpheus Club Wellness PLC to be true, complete and accurate as of the date of sending the order.
(2) By sending the order the user shall allow Orpheus Club Wellness PLC to contact him/her in any possible way when this is necessary in connection with the order made or the concluded contract. The distance-purchase contract between Orpheus Club Wellness PLC and the Client shall be considered to be concluded under the General Terms and Conditions of Orpheus Club Wellness PLC effective at the time of receipt by the Client in his/her e-mail and/or by SMS, sent to his/her phone of a notice from the Seller that it is ready to provide the Service.
Art. 9. Orpheus Club Wellness PLC shall have the right to refuse to execute (to cancel) the Order made by the user, for which it should notify the user. Cancellation of the order does not entail any liability or consequent obligation of either party to the other party in relation to it, and respectively none of them shall have the right to seek compensation from the other party for its cancellation in the following cases:
• non-acceptance of the transaction by the user's bank in case of online payment;
• realization of the monetary transaction that will not lead to the payment of funds to the account of Orpheus Club Wellness PLC in the case of online payments;
• the data provided by the user on the platform is incomplete and/or incorrect.
Art. 10. (1) The User shall bear all direct costs for the return of the tourist services offered by Orpheus Club Wellness PLC in case he/she refuses the Contract and declares this within the period of refusal granted to him/her by Orpheus Club Wellness PLC.
(2) Orpheus Club Wellness PLC shall undertake to refund only the paid price of the Contract, concluded from a distance which the user has refused within 14 (fourteen) days from the date when it receives the notification of the user that he/she refuses the Contract. The amount will be refunded as follows:
• Payments made by debit or credit card - through a refund to the account from which the payment was made.
UPLOADING AND/OR SHARING CONTENT, PUBLICATION OF COMMENTS
Art. 11. The user shall be obligated not to publish the following information:
• the content should not be defamatory, uncensored, abusive, pornographic, or otherwise illegal or contradicting the morality;
• not to call for a violent change in the established constitutional order;
• not to call for violence;
• not to contain messages prohibited by law;
• not to harm the equipment and / or computer programs of other Users;
• not to offend the other Users;
• not to be Spam;
• Not to infringe on the copyright and intellectual property of third parties
Art. 12. (1) Orpheus Club Wellness PLC shall undertake the following steps if it receives a complaint about copyright infringement or uploading a material that meets one of the following descriptions:
• contradicts the rules of morality and good manners;
• contains violence (including violence against animals), propaganda for violence, humiliation of human dignity, threat to life and human body integrity;
• is pornographic or has open sexual content;
• contains manifestations of disrespect for school rules, destruction or damage to school or other public property;
• contains clearly identifiable bodies of victims of accidents or other serious incidents;
• offends a religion or contains religious propaganda;
• discloses trade, business secrets, or other confidential information;
• is subject to an intellectual property right of a third party unless the rightholder has given his/her consent;
• violates proprietary or non-proprietary rights or legitimate interests of third parties;
• promotes discrimination based on sex, race, educational attainment, age and religion or preaches fascist, racist or other undemocratic ideology;
• violates the reputation of others and calls for a violent change in the constitutionally established order, for committing a crime, for violence against the person or for spurring racial, national, ethnic or religious enmity;
• contains information that is conducive to terrorist activity and any information related to terrorism;
• contains information about foreign passwords or access rights without the consent of their owner, and software to access such passwords or rights.
(2) The User shall be responsible for violation of authors' rights and, in the case of a claim against Orpheus Club Wellness PLC, will be recruited as a party and will owe compensation for all expenses, including attorneys' fees, arising from the use of the services by the user when the use is in direct causality with a harmful result for Orpheus Club Wellness PLC, for its partner, employees and/or agents.
(3) The User understands and agrees that content published by him/her may be removed, modified, published, transmitted and displayed by platform administrators. In this sense, by accepting these General Terms and Conditions, the user agrees and waives any rights and claims that he/she may have in connection with the modification, change or removal of the content posted and/or shared by him.
Art. 13. (1) If Orpheus Club Wellness PLC finds the use of a registered profile by more than one user, Orpheus Club Wellness PLC has the right to block the profile and to delete all the assets accumulated in the respective profile. The User is responsible for the use of the profile, being liable under the General Terms and Conditions.
(2) The registration in the platform is free of charge. The registration form is part of these General Terms and Conditions.
(3) Upon registration the User shall fill in the registration form specified in the Platform. The data to be filled in are as follows:
(4) The registration is admissible only for an adult and capable person who has declared the agreement with the General Terms and Conditions of Orpheus Club Wellness PLC. No person under the age of 18 is allowed to register. Upon finding of registration of a minor and / or incapacitated person, Orpheus Club Wellness PLC has the right to delete the account of the respective user without having to pay compensations, penalties and without having to refund the received sums from the respective user, respectively from the deleted profiles (accounts).
Art. 14. (1) By the act of registration it is considered that these General Terms and Conditions have been accepted and signed.
(2) Registration in the platform of Orpheus Club Wellness PLC shall be lost and / or revoked in case of non-observance of the General Terms and Conditions by a user.
(3) Each User shall have the right to access via the Internet to the Content of the Platform in accordance with the terms of Orpheus Club Wellness PLC.
Art. 15. In the case of online payments or payments in a bank, Orpheus Club Wellness PLC does not bear any responsibility for any expenses in connection with fees, commissions or other additional payments made by the user or his/her bank on the occasion of the transaction itself, as well as in the case of exchange of currency, applied by the bank issuing the card to the client, in cases where the currency is different from BGN. Card payments to Orpheus Club Wellness PLC and / or platform partners may be considered to be an international payment by some banks, and according to their rules for work with cards and card payment for such transactions, banks are entitled to charge additional fees. The same applies to the transactions in which Orpheus Club Wellness PLC makes payments to the client, whether doing so in connection with the reimbursement of any payment to the client or for any other reason. The costs associated with such payments are solely at the expense of the user. Therefore, Orpheus Club Wellness PLC recommends to its clients to consult with their bank about possible additional fees that could be charged to them in the case of online payments or payments through a bank for goods, products and services sold by Orpheus Club Wellness PLC and the partners of the platform.
Art. 16. In the event of access to the platform without registration, the user will be deemed to be bound by these General Terms and Conditions and they will be considered accepted as of the time of downloading the page at HYPERLINK "http://www.tripxv.com/"www.tripxv.com.
Art. 17. (1) Except as provided in these General Terms and Conditions, the User may not sell, rent, lease, sublicense, reproduce, advertise, distribute, transfer or share, use in any other manner (including through processing, translation, etc.) the content of the Platform, the Software, and the Documentation, or parts thereof. The User may not grant access to the Platform, the Software, and the Documentation.
(2) The User may not translate, process, adapt and make other changes to the Platform, its contents, the Software or the Documentation, or any parts thereof, including debugging;
(3) The User is not entitled to make a copy or copies of all or part of the contents of the Platform, the Software and the Documentation, including for archival purposes.
(4) Except as provided in these General Terms and Conditions, the user may not distribute activation code(s), registration codes of the Software, licensing authorization files, licensing development files to third parties without the prior consent of Orpheus Club Wellness PLC
Art. 18. The user undertakes, respectively agrees:
(1) To respect good morals in and through the use of the Platform, including, but not limited to - not offend other users, not distribute materials forbidden by the law and / or materials contradicting the morally, not to damage the reputation and prestige of Orpheus Club Wellness PLC, its management and the Platform or individual elements of its content;
(2) To receive additional information in an e-mail given by him from Orpheus Club Wellness PLC. The type of information depends on the judgement of Orpheus Club Wellness PLC
(3) For the purposes of the statistics, the User agrees that Orpheus Club Wellness PLC has the right to use the data, respectively part of them for their own purposes such as: internal analyzes; making recommendations, conclusions on improving the content of the Platform or how it works; building aggregate data for each user with Platform achievements, etc.
(4) In case of non-observance of any of the rules of these General Terms and Conditions, Orpheus Club Wellness PLC has the right: to exclude the offenders from the Platform, to limit their participation in it or other platforms; to delete the user's registration; to terminate these General Terms and Conditions unilaterally and without notice. The judgement depends on Orpheus Club Wellness PLC.
(5) The User agrees that Orpheus Club Wellness PLC is entitled to send short text messages (SMS) with information and promotions for the Platform to him/her, in case he/she has given a mobile phone for connection. Orpheus Club Wellness PLC has the right to send e-mails to the User with information about the Platform and the Content of the Platform.
DISCHARGE FORM LIABILITY
Art. 19. (1) Orpheus Club Wellness PLC does not guarantee that the Platform, the Software and the Documentation will satisfy the User's requirements and needs or that they are free of defects or errors, fault tolerant or fail- safe, or that any inconsistencies can or will be removed, and that their use will be uninterrupted.
(2) Orpheus Club Wellness PLC does not guarantee the reliability of the Platform and the Software.
(3) Orpheus Club Wellness PLC does not bear any responsibility for the chosen trip or visit to a tourist site.
Art. 20. Orpheus Club Wales PLC shall not be liable to the User for the cost related to the delivering of services; lost profits; missed sales or costs; investments; business-related obligations; any loss of reputation or any indirect, special, incidental or consequential damages arising out of or relating to this Agreement or the use of the Platform, Software, or Documentation, no matter how caused, under which liability theory, whether or not Orpheus Club Wellness PLC was informed of the possibility of such damages.
Art. 21. If, as a result of the application of a law or other statutory requirement Orpheus Club Wales JSC is ordered to pay indemnity, sum or otherwise is held liable, the general liability of Orpheus Club Wellness PLC referred to here, on any grounds including but not limited to a contract, a legal offence (including negligence), limited liability, breach of warranty, misinterpretation or others, will not exceed the amount of the cash equivalent of the minimum monthly activity under these General Terms and Conditions of Orpheus Club Wellness PLC. If the provision of the Platform, Software, and Documentation content is gratuitous, the User shall be liable.
POLICY FOR PROTECTION OF PERSONAL DATA
Art. 22. (1) The User agrees that, due to the manner of operation and use of the Platform, the Software and the Documentation, Orpheus Club Wellness PLC may have the right of access to the User's personal information. The installation and / or use of the Software (or any part of it) as well as services provided by or related to Orpheus Club Wellness PLC may lead to the collection, use or processing of personal information by the provider, as Orpheus Club Wellness PLC will collect, use personal information obtained directly from the user only after written consent of the user.
(2) Orpheus Club Wellness PLC shall transfer and store personal information about the User only upon his / her written consent for the purposes of the use within the meaning of these General Terms and Conditions.
Art. 23. Orpheus Club Wellness PLC has the right to disclose personal data of the User only with the consent of state bodies or officials authorized by law to require and collect information containing personal data and in compliance with the statutory order. Orpheus Club Wellness PLC is a data controller in accordance with the Personal Data Protection Act and the General Regulation on the Protection of Personal Data.
POLICY ON "COOKIES"
Art. 24. (1) Orpheus Club Wellness PLC uses "Cookies" and similar files and technologies on the site, for example Local Shared Objects, also known as “Flash cookies”, web beacons, etc. The parties agree that if the User visits the platform and his browser settings accept “Cookies”, the user will be deemed to have agreed to use "Cookies" by Orpheus Club Wellness PLC.
(2) "Cookies" are essential for the operation of the platform and are key to facilitating the User's work with it - uninterrupted navigation, for example, by saving the selected language and country, and the certification of certain parts of the domain will be saved. “Cookies” also save products of potential interest when the User is redirected to an operator site for a possible purchase. "Cookies" allow us to improve the platform by collecting information on how they are used. "Cookies" help us to make the content as customizable as possible. It is possible that in the future Orpheus Club Wellness PLC will expand the advertising of third parties to other sites of the latter. It is possible that the domain also includes items that send “Cookies” on behalf of a third party, for example Facebook "Like" button or Twitter "Tweet" button.
(3) The user may review the available "Cookies" management options in his/her browser. The browser can be used to manage "Cookies" related to basic features, site improvement, personalization and advertising. Different browsers use different ways to disable “Cookies”, but they are usually located in the Tools or Options menu. Orpheus Club Wellness PLC uses advertising “Cookies” managed by third parties to promote its products to other websites. It is possible for the User to choose not to receive certain advertising “Cookies” managed by third parties through sites for management of “Cookies” of third parties, such as AppNexus, Audience Science, DoubleClick, AdTech, AdOcean, Atlas, Criteo, Facebook, Google Analytics and Adobe Flash. Disabling “Cookies” may prevent the user from using certain areas of the site.
(4) The validity of session “Cookies” expires when you close the browser. Permanent “Cookies”, including Local Shared Objects ("Flash cookies"), generally have a validity from two months to several years.
TERMS AND TERMINATION OF THE GENERAL CONDITIONS
Art. 25. The rights under these General Terms and Conditions shall enter into force as of the date of acceptance of these General Terms and Conditions. The rights granted under the General Terms and Conditions will continue to:
• the moment at which the User chooses to terminate the use of the Platform, the Software, and the Documentation;
• the moment when Orpheus Club Wellness PLC at its discretion terminated the existence or functioning of the Platform.
Art. 26. (1) Upon termination, the User shall suspend the access and use of the contents of the Platform, the Software and the Documentation;
(2) Regardless of the reason for termination, Orpheus Club Wellness PLC does not bear any liability to the User or third parties, including for direct or indirect damages, caused inconvenience, the purchase of additional products of third parties, etc.
(3) Orpheus Club Wellness PLC reserves the right to terminate the maintenance of the Platform and the Software at any time by announcing this on the platform in the event of force majeure or by order of a competent authority or when there is a danger that the holder will suffer damage in connection with the organization and maintenance of the Platform. In these cases, only the return of the amounts paid in advance (if any) for goods, products and services from the electronic shop of Orpheus Club Wellness PLC is due to the Users.
GENERAL AND FINAL PROVISIONS
Art. 27. In the event of a conflict between these General Terms and Conditions and the mandatory provisions of the relevant legislation, the norms of the law of the Republic of Bulgaria shall prevail, the parties maintaining their relations - insofar as this is compatible with their interests and intentions.
Art. 28. In the case of a dispute which does not concern the protection of consumer rights and which the parties can not reasonably negotiate with each other, they shall refer the dispute to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (BCCI) Sofia - according to the Statute of the Court.