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Appendix № 1 General Terms and conditions for Using the website W-Reservation from the hotels
I. General provisions These Terms are binding for all hotels that use W-Reservation website for sale of accommodation. Exceptions and / or special conditions are invalid, unless they are covered in the hotel agreement that is signed between the operator of the web site and the hotel.
II. Definitions: Under these general conditions the listed concepts are used with the following meanings: "Service" –the access to the hotel online reservation system through which hotels can provide their rooms for sale and through which the guests can make reservations for hotel rooms. "Website" – The website "Extranet" - the online system of the website W-Reservation, to which the hotel has access after identification via username and password. "Hotel" - legal or natural person holding the license, providing hospitality services via the website W-Reservation. "Guest" - a visitor to the Website, respectively- Guest of the hotel. "Intellectual property rights" - rights of patent, copyright, rights of inventions, database, trademark, trade name, domain name, logo, service mark, know-how, utility model, design or similar or related right or obligation, whether registered or not, or other industrial property rights or copyright existing in any territory or under any jurisdiction worldwide. "Tour Operator" - legal or natural person holding the license, providing mediation between guests and the hotel in connection with the hospitality services through the website WReservation. "Force majeure" - an unforeseen or unavoidable event of an extraordinary nature, occurring after the guests reservation that seriously impede or make impossible journey and / or stay of the guests at the hotel.
III. Rights and obligations of hotels
1. Hotel Information
1.1. The hotel is obliged to provide data on the website relating to the hotel for available rooms, prices and terms of payment, conditions for cancellation, etc. The information is provided in written,with pictures or in any other appropriate means. Data is provided in application forms, standards and specifications agreed with the website. The Hotel information announced on the website must not contain any telephone and / or fax number, email, skype-mail address, twitter-mail address, website of the hotel. The website has the right to edit the information provided by the hotel and if needed to delet the data, which provides a direct contact with the hotel without using the services of the website.
1.2. The hotel is obliged to provide accurate, truthful and not misleading information with the final prices for guests. The price per night should include all taxes,commissions, supplements and others under the current law. The hotel has the full responsibility in case of incorrect data.
1.3. The hotel has the right to provide information in different languages, in such cases the translations are prepared by the hotel on its behalf or from the website, after a written agreement between the hotel and the website and a payment of an additional fee for service "translation".
1.4. The hotel have access anytime to extranet, for which it receives from the website username and password. The hotel is obliged to keep secret its username and password.
1.5. The hotel has the right at any time to change through extranet information about the price of accommodation, payment terms, number of available rooms. The changes of the information will be automatically saved in the file / history /of the hotel.This history is stored by the website and will be valid for the guests and for the website from the moment of their publication on the website.
1.6. The hotel is obliged to update the information in 1.1. above extranet daily, including to verify daily the status of reservations that has been made.
2.The Hotel undertakes to provide the minimum number of rooms for reservations through the website, as set out in the hotel agreement. The website has the right to require from the hotel to provide additional availability of rooms for specific periods when there are special requests from guests and / or tour operators. For this purpose, the hotel and the website sign an annex to the Hotel agreement.
3. By signing the agreement, the hotel provides to the Website a full price guarantee. The guarantee is a statement from the hotel to the website in which the hotel states that the price offerred through the web site is the same or lower than the price that the hotel provides for equivalent hotel accommodation in the same conditions to customers who had not booked rooms through the website or to tour operators or other intermediaries, or other reservation systems, with which the hotel operates without involvement of the website. In case that the guarantee is breached, the website is entitled to compensation from the hotel to the amount of the price difference for the minimum number of rooms allocated to the web site for a one month period, and the right to terminate the hotel agreement.
4. Remuneration
4.1. For each reservation for accommodation made through the website, the hotel pays commission to the website.
4.2. The commission is payable even in case of cancellation or no-show of the guest to the hotel, unless the hotel has notified the website for the no-show or cancellation within 2 working days of the booked date of arrival of guest.
4.3. The Website prepares monthly report for the hotel reservations for the current month and posts it in the extranet up to 00.00 o`clock on the third day of each month. The report reflects also the no-charged cancellations, made through the website in accordance with Terms and conditions of the Cancellation policy of the hotel.
4.4. The commission for reservation is paid until the tenth day of the month following the month of accounting, in a bank account of MAK Ltd., based on an issued invoice made by MAK Ltd.
4.5. Payment of commission in time is a criteria, which the website has the right to apply in the automatic ranking (positioning) of the hotel.
4.6. The amount of commission is a criteria that the website has the right to apply in automatic ranking (positioning) of the hotel.
5. Reservation
5.1. Upon making a reservation of the guest through the website, the hotel gets from the website e-mail and fax confirmation for the reservation. This website is not liable for the accuracy and completeness of information, including the credit card data submitted for making the reservation.
5.2. From the moment the reservation was made through the website a direct contractual relationship arises between guest and hotel. This website is not responsible for the implementation of these contractual relationships. When a valid reservation was made through the website, the hotel is obliged to accommodate the guest , to conclude and execute the contract for hotel services with due diligence. If the hotel refuses to conclude the contract for hotel services, without a good reason or if the service contract of the hotel is refused by the guest because the hotel failed to fulfill its obligations, the website is entitled to receive the full amount of commission for the certain reservation. 6. Complaints from guests.
6.1. Complaints, appeals and requests made by the guest directly to the hotel is settled without the mediation of the website. If the complaints, appeals and / or requests are sent to the website, the website will immediately notify the hotel about them. In this case, the hotel is required within 24 hours of receiving the complaint, appeal and / or application to provide a written response to the website and the customer. This website is not liable for damages caused to the guests, due to refusal of the hotel to provide the hotel services.
7. Best price guarantee In the case of a valid claim by the guests on the Best price guarantee under item 3. above, the website will immediately notify the hotel for that claim and will provide details on this claim.
8. Guarantees on providing Services:
8.1. The Hotel declares that it possesses all authorizations from the competent authorities for the provision of hotel services and that it has an issued relevant certificate/License for the Star rating under the existing legislation.
8.2. The Hotel declares that not only the hotel but all the adjacent facilities, restaurants, amusement facilities, services and others, fully comply with the requirements of personal security of guests and secure storage of their belongings, as required by the current applicable law. In particular, this applies to the strict observance of standards for technical and fire safety measures to prevent an accident and the condition of all installations such as electricity, gas and others. It declares that the whole equipment has the legal assessment and preventions made by the competent authorities under the existing legislation. The Hotel declares that all instructions regarding the safety of the guests and reliable storage of their belongings were brought to the attention of the guests. Any missing points from the above said, identified by the website and / or guests will be made immediately from the hotel.
8.3. The hotel is obliged to provide hotel services to its guests according to the internationally accepted standards of tourism, such as: checking in of the guests in the rooms without delay, feeding the guests as stipulated in the reservation, strict compliance with the statutory requirements for the hotel category, including but not only supplying towels for each bed, soap, toilet paper, change of linen, towels, daily housekeeping service and etc.
8.4. In case that the hotel is unable to provide accommodation according to the guest reservation, it is obliged to provide an equivalent accommodation with the same or higher star rating in close proximity, offering the same services and amenities. In these cases, the provision of new accommodation and related bookings are an full responsibility of the hotel. Any additional costs that may incur are on the account of the hotel.
9. Using of credit card for making a reservation.
9.1. The Guarantee for the reservation is made by credit card. The full responsibility for the validity of credit card, credit card limit and the credit card details is of the hotel.
9.2. Under certain circumstances the hotel may want further guarantee of the reservation, except for credit card details, for example- a certain prepayment. The hotel is obliged to announce to the web site the terms under which an additional guarantee might be needed.
9.3 The Hotel shall comply with requirements for protection and security of credit card data as required by companies issuing credit cards.
10. Personal data security.
10.1. The Hotel declares that the personal data of guests which are submitted for making the reservation is processed in accordance with current legislation.
11. Force majeure. In case of force majeure affecting the hotel and / or guests causing a cancellation or partially unusing the reservation, the hotel is obliged to notify the website within 2 working days from the booked date of arrival - in case of no-show and cancellation of reservation, or within 2 working days from the date of departure - in case of partially unused reservation and to indicate the number of nights of the actual stay. The website will not charge a commission for reservations in case of no-show or cancellation or failure of the reservation due to force majeure, if the website is notified under the specified conditions and within the certain period.
12. By signing the hotel agreement, the hotel provides a nonexclusive right to use, reproduce, grant copyright , distribute and transmit in any manner the intellectual property of the hotel, which is needed on the website for the exercise of his rights and fulfill its obligations of the hotel agreement.
IV. Rights and obligations of website
13. The website is obliged to forward to the hotel , the reservation received from guests. The reservation will be provided in an application form determined by the website and will include details for the date of arrival, number of nights, room type and other specific requests of the guests.
14. The website has the right to ask the guests after their stay at the hotel, to evaluate the hotel. The website has the right to publish these guests reviews. The website is not responsible for the content of these reviews.
15. The website has the right to publish rating of the hotel. The rating is based on the guests reviews visiting the hotel due to the following criteria: quality of service, location, amenities, services and more. In case that the hotel rating maintains below the average, the website has the right to suspend the access of the hotel to the service, until the hotel proved its capability to meet the wishes and needs of the guests. In this connection, the website has the right to constantly check the hotel for the accuracy of information provided and the level of service.
16. The website may automatically rank (position) the hotels through Automatic ranking (positioning) of the hotel. The order in which the hotel will be rated in the system will depend on the size of the agreed commission, implementation of the obligations of the hotel due to the agreement and on the rating of the hotel. The website has the right unilaterally to set additional criteria for ranking (positioning) of the hotel.
17. The website is responsible for protection the credit card details provided by guests for making their reservation, in accordance with current legislation.
18. The website declares that the system that the website uses to provide the service is encrypted and protected with SSL certificate. The system automatically forwards to the hotel the credit card details of guests. The website has no access to credit card details of the guests and is not responsible for their protection and storage.
V. Module "Tour Operators"
19. By the module "Tour Operators" the website gives the opportunity to the hotel to provide rooms for reservations by tour operators.
20. The Reservations in the module "Tour Operators" is performed by MAK Ltd on behalf of and on the name of the tour operator on the ground of a contract between the MAK Ltd and the tour operator. The conditions under which the website will offer the service module "Tour Operator" as well as the conditions under which the hotel provides accommodation for reservations from tour operators will be stated in a separate agreement, apart from the hotel agreement concluded between the website and the hotel, called Agreement on provision of services in the module "Tour operators" of the website W-Reservation (the Agreement). In controversy between the Agreement and these Terms and Conditions - The provisions of the Agreement should be applied.
VI. Final provisions
21. MAK Ltd keeps the right to make changes to these Terms and Conditions at any time and shall promptly publish such changes on the website, along with a message for the changes.
22. For all other issues connected with these General Terms and Conditions, the Bulgarian legislation is applicable. In case of disputes –they should be brought to the attention of the competent Bulgarian court.