TERMS AND CONDITONS AVATAR TOUR LTD.
1.1. These general conditions apply to – and are an integral part of – any tender offer and agreement covers by Avatar Tour ltd. Sofia, Bulgaria hereinafter referred to as “tour operator”, to provide products of any kind, unless expressly agreed otherwise in writing.
1.2. In these general conditions is meant by “customer” any (legal) person who orders goods and/or services from or through the tour operator.
1.3 These conditions may be waived only if the parties have expressly agreed in writing in advance.
2. Establishment and Amendment Agreement
2.1 All offers by the tour operator, made in whatever form, are without engagement unless a deadline is set for acceptance of the offer. Firstly by written (order) confirmation of the Tour Operator or by actual performance by the Tour Operator, an agreement made.
2.2 All indications in offers, bids or contracts and its annexes, such as illustrations, drawings, dimensions, weights, colors and returns and also the properties of any given test specimen stretch indicative. Minor deviations are therefore not at the expense and risk of the Tour Operator.
2.3 Apparent clerical errors or mistakes in the offers of the Tour Operator relieve her of the duty to fulfill and / or any liabilities for damages arising therefrom, even after the conclusion of the agreement.
3. Execution of the agreement
3.1 Delivery takes place in accordance with the applicable Incoterms: Ex Works (factory). If the customer refuses to take delivery at the agreed time, or fails to provide information or instructions necessary for the delivery, the Tour Operator is entitled to store the goods at the expense and risk of the customer.
3.2 If the parties expressly agree that the tour operator is responsible for the transport of the products, both the costs and the risk of loss or damage in transit to the customer’s account.
3.3 The statement of delivery periods in offers, agreements or otherwise are best done by the Tour Operator and these periods will as far as possible be observed, but they are not binding.
4.1 All prices are stated in Euros and Bulgarian Leva and include VAT and other levies imposed by the government. Any impairment charge relating to the import and / or clearance of the Tour Operator to deliver the customer items are not included in the price and are therefore charged to the customer.
4.2 The amounts shown in the offers of the Tour Operator is based on during the offer prices, exchange rates, wages, taxes and other relevant factors for the price level. If the (order) confirmation takes place after one or more of these factors change, the Tour Operator is entitled to the agreed price accordingly. If it increased under this paragraph, and the increase exceeds 10% of the total agreed amount, the customer has the right to rescind the contract within eight days after it is or could be familiar with the price increase in writing.
5.1 Payment must be made immediately within the app. The customer is not entitled to offset any claim against the tour operator with the amount charged by the tour operator.
5.2 Payment is made by payment transfer to a bank account designated by the Tour Operator. The tour operator has the right to cancel any reservations. If payment would be refused, the Tour Operator is entitled to terminate the contract and the customer is liable for the resulting Tour Operator damage.
5.3 The tour operator is entitled to delivery of products it has in its possession for the client in connection with the execution of the work agreed to suspend until all are paid in full payments by the customer to the Tour Operator.
5.4 In the event that after the expiry of a letter of formal notice referred further payment is not received payment, the customer is a penalty equal to 10% of the customer to the Tour Operator principal sum including VAT, regardless of whether the tour operator extrajudicial costs had to make, and without prejudice to the right of the tour operator to claim damages.
5.5 Without prejudice to any other rights of Tour Operator under this article, the customer against the tour operator is obliged to reimburse the collection costs incurred by the tour operator and which go beyond sending a single demand or it just do a – not allowed – settlement proposal, requests for simple information or the usual manner compiling the dossier. These costs are determined on the basis of the currently applicable guidelines for courts in Bulgaria.
6. Force majeure
6.1 The tour operator is not liable if a shortcoming is the result of force majeure. During the period of force majeure the Tour Operator’s obligations are suspended. If the period of force majeure the fulfillment of obligations by the Tour Operator is not possible lasts longer than three months, both parties are entitled to terminate the agreement without judicial intervention, without the matter having any obligation to pay damages shall exist.
6.2 The term ‘force majeure’ referred to is defined at least in this article, barring unforeseen circumstances, also of an economic nature, which arose out fault of the Tour Operator, which include severe failure of the service, forced downsizing production, strikes and lockouts, both the tour operator as with suppliers, war, hostilities, martial law, mobilization, either in Bulgaria or in any other country where any branches of the Tour Operator or suppliers are located, delays transportation or delayed or incorrect delivery of goods or materials or components by third parties including subcontractors of the Tour Operator.
6.3 If the tour operator by the force majeure already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice as were a separate agreement.
7.1 The Tour Operator is only liable for damages suffered by the customer if and insofar as such damage is the direct consequence of intent or deliberate recklessness of executives of the Tour Operator.
7.2 The total liability of the Tour Operator will be in all cases limited to compensation for direct damage, wherein the total by the tour operator to the customer to be paid in respect of any cancellation obligations and compensation will never exceed the maximum amount the price stipulated in the agreement.
7.3 The tour operator is not liable for damages if and insofar as the customer could assure himself has insured or reasonably against the corresponding damage.
8 Disputes and applicable law
8.1 If uncertainty exists regarding the interpretation of one or more provisions of these terms than the interpretation of that provision should (s) found “in the spirit of these terms and conditions.
8.2 Upon a user agreement is Bulgarian law. Foreign laws and treaties, including the Convention of the United Nations Convention on the International Sale of Goods of April 11, 1980 (CISG) is excluded.
8.3 Any disputes relating to this agreement or arising from this contract will be settled in the first instance exclusively by the competent court in the district in which the user at the time of the conclusion of this agreement is established.
9. Return procedure, refusals, complaints and compensation
On June 13, 2014, a new Directive entered into force; European Consumer Rights Directive (2011/83 / EU). Here the rules for sale are recorded remotely. The Directive was transposed in all EU Member States into national law and provides the same protection everywhere. No derogations should therefore be included by the Member States.
Most products and services are subject to the rules of the directive remote purchasses. The main exceptions to this are:
bookings for transportation, accommodation, restaurants, tours and performances;
Complaints about the implementation of the agreement with the company, preferably in writing or by e-mail within a reasonable period to submit a full and clear description.
The filed complaints will be answered within 14 working days from date of delivery. If a complaint requires a considerably longer processing time, the company will reply with a message within the period of 14 working days and provide an indication when the consumer can expect a more detailed answer.
We (Avatar Tour ltd.) are aware that you (the user) put confidence in us. We see it as our responsibility to protect your privacy. Here we let you know what information we collect when you use our website and/or application, why we collect data and how we help improve your user experience. As a result, you will understand exactly how we work.
Avatar Tour respects the privacy of all users of its site and ensures that the personal information you give us will be treated confidentially.
Our use of information gathered –How we use the information we collect
We collect and store information about you when you use the Service. We use this information to fulfil your requests, to improve the functionality of the system, to improve the quality of service we provide, to personalise the service, measure the usability of the service, for providing information to third parties which are included in the Service, to provide assistance to users of the service and send messages to the Service users.
Under the Data Protection Act 1998, the EU General Data Protection Regualtion (GDPR) Approved by the EU Parliament on the 14th April 2016 and coming in force from the 24th of May 2018 and any related laws, we have the legal duty to protect the personal information we collect from you.
Information of your personal data includes information such as:
Name, Country, Telephone Number, Email Address and any other data collected that could directly or indirectly identify you.
What information we collect:
1. Information you give us.
2. Information that is necessary for the use of the mobile platform of Corendon & AvatarTour Bulgaria.
This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services. Account Information. If you decide to register as a user in our app, we require certain information such as email address. Options to sign in through Facebook and other social platofrms are eligible.
Information you choose to give us You may choose to provide us with additional personal information in order to obtain a better user experience.. This additional information will be processed based on your consent. Profile Information. You may choose to provide additional information as part of your personal profile .Marketing consent to receive information by email, Push notifications, Facebook and/or SMS
Information that is necessary for the use of the Payment Services
The Payments Data Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services: Payment Information. To use certain features of the HSS Platform (such as booking or purchasing), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments (via external Payments provider). 2. Information We Automatically Collect from Your Use of the HSS Platform and Payment Services. When you use the HSS Platform and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the HSS Platform and Payment Services. Geo-location Information. When you use certain features of the HSS Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. HSS may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
Account information: If you create an account with us, we may store and use your full name, email address and other information that you provide in your profile.
Communications: When you register, and create your profile in the system, you can opt to receive messages from the system or not. You may at any time change this through the system settings of the mobile device. Keep in mind that if you opt out to receive messages, you may miss important notices such as emergencies, interruption of electricity or water supply for your region, or other critical situations.
Activity: The information generated using the Service is intended for domestic consumption and we may share it with other participants in the Service for delivering the service to you. We can store information about your use of the Service. We can also store information on your mobile device through which the connection is provided for use of the Service such as; the type of mobile device and the unique identifier of the device.
About your location: We do not collect information about your location. The system uses information regarding your location only for sending you geo-located messages and this is only when you have enabled the receiving messages from us on geo-location principle. Even in these cases, we do not save in the system information regarding your location, and this information is used by the system only momentary to activate sending of the message. You can disable our access and use of your location data through the settings on your mobile device “Location Services” or opt out to receive geo-location based messages from our mobile application.
- Use our services
When you sign up for any of our services, we ask you to provide personal information. These data are used to be able to carry out the service. The data is stored on secure Avatar Tour servers or those of a third party. We will not combine this data with other personal data we have.
When sending you e-mails or other messages, we may retain those communications. Sometimes we ask for your personal information relevant to the situation. This makes it possible to process your inquiries and respond to your requests. The data is stored on secure servers Avatar Tour or those of a third party. We will not combine this data with other personal data we have.
We collect data for research to gain a better understanding of our customers so that we can tailor our services accordingly. Our webpage and application uses “cookies” to help analyze how users use our platforms. We use this information to track how you use the application to compile reports on the application activity and providing other services relating to our services.
- Third parties
Information is not shared with third parties. In some cases, the information can be shared internally. Our employees are required to respect the confidentiality of your information.
This privacy statement is tailored to the best use and capabilities of our services. Any adjustments and / or changes to this site may lead to changes in this privacy statement. It is therefore advisable to regularly check this privacy statement.
- Choices for personal information
We offer all visitors the opportunity to view, change, or delete all personal information provided to us at the moment. Please contact us for this matter.
- Edit / unsubscribe newsletter service
At the bottom of every email, you will find the option to change your data or unsubscribe.
- Edit / unsubscribe communication
If you want to change your data or if you would like to remove your account, personal details or any other information, please contact us. See our contact details below.
- Payment security and privacy
In order to guard you against fraud during payment with your Visa or MasterCard card, we apply best practices recommended by the international card organizations:
The security during entry and transport of card data is provided by the use of an SSL protocol for encryption of the connection between our server and the payment server of our servicing bank.
The authenticity of your card is checked by the verification of the card verification value (CVV2)
In addition, for your identification as the authentic cardholder, the payment server of our servicing bank supports the authentication schemes of the international card organizations – “Verified by Visa” and “MasterCard SecureCode”, in case you are registered to use them.
- Questions and feedback
Avatar Tour ltd.
Bul. Todor Aleksandrov 137
+359 (0) 700 111 27