This public offer (hereinafter «the Offer») is made by SUNTRONIK LTD (hereinafter «the Contractor») to any legally capable individual to enter into an agreement encompassing the provision by the Contractor of booking services in respect of: (i) passenger air transportation services, (ii) tourist products, (iii) hotel, resort and other individuals’ accommodation and stay services, and (or) (iv) insurance services provided by third parties, on terms and conditions set out below.
«the Website» shall mean the Contractor’s website at: http://en.suntronic-bg.com/, where Orders are made by the Customer using the System.
«the Customer» shall mean any legally capable individual having accepted the Offer.
«the Order» shall mean any request for the Service duly executed by the Customer.
«the Service» shall mean any of the following services provided by respective Providers:
•passenger air transportation («Air transportation»);
•tourist product («Tourist service»);
•hotel, resort or any other individuals’ accommodation and stay service («Hotel service»);
•insurance related service («Insurance service»).
«the Provider» shall mean any person providing the Service which, pursuant to the applicable law, is entitled to provide the respective service.
2. General provisions
2.1. By executing an Order, the Customer accepts in whole and irrevocably the Offer terms.
2.2. Under the Agreement, the Contractor shall provide services to the Customer, encompassing information provision to the Customer and Service booking, subject to the parameters set by the Customer, as well as amending or cancelling the Order.
2.3. In case of disputable issues, the relationship between the Contractor and the Customer under the Agreement shall be resolved at the place of registration of the Contractor or the Customer.
2.4. Service contracts under Orders (hereinafter «the Contract» or «the Contracts») shall be signed directly between the Customer and the Contractor. Services under the Contracts shall be provided to the Customer on terms set by the Contractor or the Providers. In some cases, the Contractor will not provide Services and will not be liable for the quality of Services provided by the Providers.
2.5. Unless otherwise required by the applicable law or the Providers’ regulations (terms of Services), the Customer confirms that the electronic documents and data received by it from, and generated by it for, the System, are considered by the Customer as legally valid written documents, outgoing and signed by the sender in accordance with the traditional rules of documents execution in writing.
3. Ordering procedure
3.1.1. When making an Order request, the Contractor shall on its own register the Customer in the internal CRM system, using the e-mail address stated by the Customer in the respective field.
3.1.2. Information shall be exchanged between the Contractor and the Customer in respect of the Order and performance of other obligations under the Agreement using the e-mail address stated by the Customer in the registration form. In this connection, the Customer undertakes to check its e-mail regularly, up to the completion of the Services, in respect of any information received on any possible changes in the Order status, and if necessary, request information from the Contractor using the telephone number stated in the Website, or using the feedback form on the Website.
3.1.3. The Customer shall be liable for any consequences resulting from lack of information in respect of any amendment made to the Order for any reason beyond the Contractor’s control (such as flight cancellation or delay, delay of the Order payment by the Customer’s bank, change in the tariffs, etc.).
3.2. Order generation
3.2.1. The Customer shall on its own generate an Order using the respective request form on the Website.
3.2.2. Once an Order is generated, the Customer shall read all material terms of the Order, including rules and deadlines of any Service provision by the Provider, rules of Service alteration or cancellation, payment and refund of the Service price (part of price), etc. Should any of the Offer (Agreement), Order (Service) or Contract terms be unclear to the Customer, including any terms of cancellation, refund, amendment of a previously generated Order, the Customer shall have obtained the required information from the Contractor prior to paying the Order.
3.2.3. When generating an Order, the Customer shall complete all fields marked as mandatory.
3.2.4. Orders generated by the Customer shall be preliminary, and shall subsequently be approved by the Contractor. By paying the Order, the Customer confirms its full and irrevocable acceptance of the Offer (Agreement) and Contract terms, as well as confirms the accuracy of all data entered by it into the System when generating the Order (names, dates, document details, addresses, etc.).
3.2.5. Once the User completes the Order payment, the execution of the respective Contract with the Provider shall be evidenced by sending e-documents to the Customer’s e-mail address, containing the parameters of the Service to be provided to the Customer by the Provider. The execution of the documents may take some time.
Electronic documents evidencing the Contract execution shall include:
•e-ticket’s itinerary receipt in respect of the Air transportation;
•travel package (voucher/booking confirmation) and (or) tourist product sale contract, in respect of the Tourist service;
• voucher (booking confirmation) and (or) temporary accommodation contract (other contract) – in respect of the Hotel service;
• certificate of insurance in respect of the Insurance service.
3.2.6. In case of any late arrival of information to the Contractor, in respect of Order payment by the Customer, Order cancellation (Contract termination) by the Provider, or for any other reason beyond the Contractor’s control, the Order shall be cancelled, and may be restored upon the Customer’s request by being processed by the Contractor, who shall process such requests in the order of precedence.
3.3. Order payment
3.3.1. The Order price shall be determined upon the Order confirmation, selection of the Service required, shall include the Service price, and may also include the Contractor’s service fee under the Agreement. The Order price shall be fixed in rubles, dollars or Euros. Local authorities in some countries may enforce additional taxes (tourist tax, etc.) which the Customer may have to pay upon arrival on the spot.
3.3.2. In case the Order is paid with a bank card via the Website, the beneficiary shall be the Contractor.
3.3.3. The Order price shall be notified to the Customer upon the Order processing, and may be altered by the Provider unilaterally. In case of any error in the Service price stated in the System, not resulting from the Contractor’s fault, the Contractor shall inform the Customer forthwith, as provided by p. 3.1.5 of the Offer. The Customer may at its discretion, either confirm the Order at the new price, or cancel the Order. Should it be impossible to contact the Customer within 24 hours using any means referred to in p. 3.1.5 of the Offer, the Customer shall be deemed to disagree to the altered Order price, and the Order shall be cancelled. In case the Order cancelled pursuant to this clause has been paid, the Contractor shall refund to the Customer the money paid for the Order.
3.3.4. In some cases, when paying by a bank card, the Customer may be offered payment by installments (recurrent payment). In this case, the Customer shall pay the first installment once, and shall agree to the periodicity and amounts of any subsequent debiting which shall take place without re-entering the bank card details.
18.104.22.168. Restrictions when using the payment by installments:
- All recurrent payments shall be made prior to the beginning of the Service use.
- Should it be impossible to debit the payment amount in respect of any Order, the Contractor may cancel the Order.
- The Customer may waive the Services, thus terminating the recurrent payments pursuant to p.4.
3.3.5. Any Order unpaid by the due date shall be cancelled by the Contractor.
3.3.6. The Contractor may collect additional service fees from the Customer, including non-refundable ones.
3.3.7. In order to avoid any misuse of bank cards, Orders made on the Website and paid by a bank card may be checked by the Contractor pursuant to generally accepted regulations.
4. Contract alteration. Cancellation of Services.
4.1. The Customer may waive any Service or, if so provided by the Contract provisions, alter the Contract.
4.2. Waiver of Service and alteration of the Contract shall be completed by the Customer by giving notice to the Contractor by telephone or e-mail.
4.3. The Contract may be altered subject to extra charge, pursuant to the provisions of the Contract and the Agreement.
4.4. In case of waiver of Service, the money paid for the Order shall be refunded to the Customer, less any duty, penalty, fine or any other charge imposed upon the Customer pursuant to the provisions of the Contract and the Agreement, which the Customer has read and agreed to by paying the Order. Any amount to be refunded upon waiver of Services by the Customer shall be refunded by the Contractor upon receipt of respective money from the Provider.
5. The Customer’s duties. Personal data.
5.1. In addition to any duty stated in the Offer, the Customer shall not:
5.1.1. use the Website or its contents for any commercial purpose;
5.1.2. generate any speculative, false or fraudulent Order, or any Order with the purpose to make profit;
5.1.3. refer to the Website, view or copy any content or information from the Website using any robot, scraper, spider, or any other automatic device or manual process, for any purpose, without the Contractor’s written authorization;
5.1.4. breach limitations in any HTTP headings for robot blocking on the Website, or bypass any other measure of Website access prevention or limitation;
5.1.5. take any action which cause or may cause, in the Contractor’s opinion, any excessive or disproportional load upon the Contractor’s infrastructure;
5.1.6. give any direct link to any section of the Website with any purpose, without the Contractor’s written authorization; create “mirrors” or otherwise transfer any part of the Website to any other website, without the Contractor’s prior written consent.
5.2. By accepting the Offer, the Customer provides its consent to the Contractor to the processing of its personal data, and of personal data of any other person to whom the Services will be provided, including: given name, family name, patronymic, address (permanent residence (registration), post, temporary residence address), numbers and other details of identity documents, and other documents; information on the date and place of birth, physical state, photographs, family composition, bank details, bank card details, and other data and information required for the Contractor to perform under the Agreement. Personal data shall be processed for the Contractor to exercise its rights and to perform its obligations under the Agreement and third party contracts, using and without use of any automation device, and shall include collecting, recording, systemizing, accumulating, storing, updating (amending), extracting, using, transmitting (providing access to), depersonalizing, blocking, deleting, destroying personal data. The Customer herewith authorizes the transmission, including cross-border transmission, of personal data, in the required scope, by any legal way, to Providers and booking system owners, pursuant to the personal data processing purposes and the applicable law. Such consent for personal data processing shall be valid for 30 years, and may at any time be revoked by the Customer upon its written Request. The Customer also confirms to the Contractor that it has obtained consent from other persons to whom the Services will be provided, to their personal data processing by the Contractor.
6. Intellectual property
6.1. Any textual information and graphics contained in the Website are owned by the Contractor and/or its contracting parties.
6.2. Reprinting, reproducing in any form, distributing, including translating, of any materials from the Website shall only be possible with the Contractor’s authorization and on terms set by the Contractor.
7. Warranties and liability
7.1. The Contractor’s responsibility when providing services under the Agreement shall be limited to the function of organizing and implementing interaction (including informational and technical one) between the Customer and the Provider with the purpose of concluding a Contract. The Contractor shall not be responsible for any parts, components, hardware and software of payment systems involved in the overall Order processing and Contract conclusion procedure.
7.2. If for any reason the Providers failed to provide, or have provided any incomplete or inaccurate information in respect of the Services to the System, this may not be deemed a reason and (or) ground for the Customer to present claims to the Contractor, as the provision, content and completeness of the information related to the Services depend on, and are the responsibility of, the Providers. The Providers are the persons not related to the Contractors. The Providers shall be fully liable in case of any misconduct from their part, in particular, for misleading the Customers in respect of any Services to be provided.
7.3. The Contractor shall not be liable to the Customer in case of any full or partial inoperability of the Website, the System or their components during any time period, or for any lack of access to the Website or the System by the Customer, or for any indirect or direct damage caused to it in connection with any such event. Any quotation, price, and terms of the Services may be altered without notice to the Customer, are limited in time, availability, deadlines, dates, days off and holidays, seasonal price fluctuations, strikes and temporary inoperability of booking systems, and/or are subject to other alterations, conditions and restrictions.
7.4. The Contractor shall not be responsible for any adverse consequences and losses incurred by the Customer as a result of any event or circumstance beyond the Contractor’s competence or control, or for any act (omission) of other persons, such as:
•in case of inability to perform due to inaccuracy, insufficiency and late provision of information and documents provided by the Customer, or breach by the Customer of any terms of the Agreement or the Contract, or any requirements to the documents;
•for the Providers’ acts;
•for any act of customs and immigration authorities;
•for any limitation of the passenger’s right to go outside the Russian Federation or any other point of departure by competent authorities of the respective country;
•for any act of foreign state consulates, including any delay, denial or extension of entry visa issue deadlines;
•for any consequences of breach by the Customer of any customs or border formalities, rules of passenger and luggage transportation, as well as violation of any special rules of conduct in the country of temporary stay;
•for any absence of supporting documents with the Customer, which are required for the Service to be provided under the Contract;
•for any failure by the Customer and by other persons to comply with the terms and rules of the Service provision set by the Provider;
•for any absence of duly established travel passports, respective documents governing the matter of travel of minors under 18 y. o.;
•for the authenticity and correct establishment of the passenger’s documents (the accuracy of data contained therein).
7.5. The Customer confirms and guarantees that he is aware of, and consents to, in particular:
•the requirements to the execution and availability of documents required for the Provider to provide Services. The passenger shall make himself/herself aware and comply with all requirements of the country he/she is going to;
•terms and rules of the Services to be provided by the Provider;
•requirements applicable to foreign passports and other formal documents, in particular, of the remaining term of validity of his/her foreign passport required to obtain the visa and to enter the country of stay;
•any special aspects and rules of border (customs) control (treatment) of Russia and foreign states;
•the duty to comply with customs and border regulations;
•that the passengers shall be fully liable for the validity of foreign passports, consents for minors to travel, and other documents required to cross the border, for the accuracy of data contained in such documents;
•that the deportation of any passenger holding invalid entry or exit documents shall be solely at the passenger’s expense. The Customer shall on its own obtain any information required in respect of the deportation procedure at the respective country’s consulate.
7.6. The Parties shall be exempted from liability for any full or partial default under this Agreement in case of any force majeure event, such as: fire, epidemics, earthquake, act of terrorism, flood, hurricane, tsunami, landslide, other natural disaster or cataclysm, act of war of any nature, strike, state of emergency or martial law, embargo, changes in the legislation of the Russian Federation or of the country of stay or transit, acts of customs and sanitary control authorities, cancellation of bus, ferry and other transport connection, taxi routes, road traffics, enactment of any regulatory act making impossible proper performance of their obligations b the Parties, and other events which cannot be controlled or prevented by the Parties
7.7. The party unable to perform under the Agreement shall immediately inform the other of the occurrence (termination) of any event referred to in 7.6 of the Offer. Failure to give, or to timely give, notice of such event shall disentitle the party from referring to any such event, and shall not exempt from the liability under the Agreement. Due dates under the Agreement shall be postponed by the time during which such event persists. Should any event persist for over 14 (fourteen) days, either party shall be entitled to withdraw from the Agreement. Occurrence of any such event shall be evidenced by respective decisions adopted by federal or territorial authorities, local administrations, as provided by law.
8. Altering the Offer
The Contractor may at any time alter the Offer without giving notice to the Customer of any such alteration. The Customer shall from time to time refer to the page where the Offer text is permanently posted, and read the same.
9. The Contractor’s details
Account Name: SUNTRONIK LTD,
BULGARIA, UL TSAR IVAN SHISHMAN 8 ET 5 OFIS 2
Telephone: +359 893 02 58 58