The following paragraphs of this contract contain the Terms and Conditions for use of the services provided by Fixstay.
The user declares that he is aware of and agrees with the terms use by their active behavior (clicking the appropriate button - "I agree and accept the terms and conditions," meaning that they accept these Terms) or retention of passive behavior (not leaving the site).
I. DEFINITIONS AND INTERPRETATION
In this Policy the following terms shall have the following meanings:
a) “Web site” – means the website that you are currently using www.secretescapes.com and any sub-domains of this site;
b) “User” - any third party that accesses the Web Site and is not employed by Fixstay.
c) "Customer” - this is a user of the web site that will be booking through the internet platform fixstay.com, granting him/her the right to use and/or to acquire the service specified in advance in the web site;
d) "Merchant" – individual or a legal entity who professionally offers the services described in the web site and listed in the reservation form that the customer receives after paying the booking;
e) "Reservation code" - an electronic document / number certifying the purchase of the right to use and / or to acquire the service specified in advance in the web site;
f) "Bearer of the reservation code/form" - an individual who has code/reservation form, and who appears before the merchant, specified in the reservation form, to receive the service indicated in the form;
g) “Offer” – a proposal for a certain service, published in the web site;
h) "End of the offer" - the point after which the sale of the offer for a service is suspended. This moment can be pre-announced on the web site, but FIX STAY Ltd. has the right to declare the end of the offer, at its discretion, before the expiry of the time advertised on the website;
i) “Validity of the offer” – the period after which the merchant has the right to refuse to give the service listed in the reservation form. The validity of the offer shall be announced on the site for each offer.
j)“Virtual POS terminal” - payment page of the site servicing bank to which the client is redirected to fill in their card data.
k) “Micro account” - a user account created in the payment system ePay.bg
II. SUBJECT OF THE CONTRACT
1. By using the site user claims to have the right, authority and legal capacity to enter into and be bound by these conditions.
2. “FIX STAY” Ltd. provides a way of on-line shopping via its internet platform www.fixstay.com
3. By providing information (contact information and information associated with your order) on the Site, you agree that we can get in contact with you in relation to the information you send, but are not responsible for the provision of each service.
3.1. “FIX STAY” Ltd. guarantees the truthfulness, accuracy and reliability of all information about the offered services, except for when we have been misled by the merchant providing the service. “FIX STAY” Ltd. will assist you in bringing claims, should such case occur. All materials are for information only and do not constitute advice on the purchase of the service. You acknowledge and agree that your use of the materials contained in the Site is at your own risk.
3.2. “FIX STAY” Ltd. assists it’s clients when a complaint has been made by the client, due to which is required return / exchange of services or refunding the money. The options for assisting the client are: a) through negotiations and amicable settlement of the claim b) intermediation c) in the absence of consent - in court. In cases where the claim of the consumer be justified, "FIX STAY" Ltd. shall refund the costs incurred for the delivery of the return and / or replace the service.
3.3. All services offered by “FIX STAY” Ltd. include all local taxes and fees.
4. “FIX STAY” Ltd. only maintains the web site www.fixstay.com and is not liable in the following cases:
-For damages caused by the misconduct of third parties promoting through the web site (www.fixstay.com) or third parties, subcontractors of “FIX STAY” Ltd.
-For any deficiencies and / or other CLAIMS respect to services purchased by the user through the site, and if conditions or prices in the offers advertised on the site by the merchants are wrong or misleading;
-For infringements of copyright and related rights by usage of materials subject to those rights, when the materials have been given to “FIX STAY” Ltd. by the merchant;
-For damages caused by other sites accessible via links / banners placed on this website;
-For any damage caused to consumers in providing the service, except for intentional damages caused by employees of “FIXS STAY” Ltd.;
-If the user forgets his account logged on a computer or in any other manner authorized and / or permitted to be used by third party abused its registration;
-For damage caused by the absence or failure of internet accessibility to fixstay.com.
5. By checking the button “I accept and agree with the Terms and Conditions” the client agrees that the services provided by the platform www.fixstay.com , are not guaranteed by the Bulgarian Law of consumer protection, article 50, paragraph 3, p.2 and articles 54,55 and 58.
6. Give their explicit unconditional agreement pursuant to Art. 53, para. 1 of the Law of consumer protection that will pay the service that you purchase through our web-based platform (website) 100% advance.
7. Your correspondence or participation in promotions, transactions or other business relationships with merchants found on or through the Site, including delivery of the goods or services, and any other terms, conditions, representations or warranties associated with such dealings are solely between you and these traders. You agree that "FIX STAY" Ltd. bears no responsibility for any loss or damage of any kind incurred as a result of such transactions or as the result of the presence of such merchants on the site.
8. "FIX STAY" Ltd. reserves the right to suspend the site at any time without reasoning it, including for, but not limited to updates or improvements.
9. By accepting these conditions you agree to receiving newsletters for our active offers.
10. When using the platform the user is obliged to: to comply with the Bulgarian legislation, the applicable foreign laws, these Terms and conditions, Internet ethics, morality and decency; to immediately notify “FIX STAY” Ltd. in case of violation done or found; not interfere with the proper operation of the system, including, but not limited to not prevent the identification procedure of another user, does not impair or impede the availability, reliability or quality of the access and not use it in a way causing denial of use; not to extract by technical means information, resources or parts of information belonging to databases located on the web site and thus does not create a database in electronic or other form; not to impersonate another person or otherwise mislead others about your identity or affiliation to a particular group of people; not perform malicious actions under these Terms and conditions. Each of the registered users of the site - promoting merchants and registered site users - potential buyers of the promoted goods / services for itself, authorizes "FIX STAY" Ltd.: to negotiate via its platform www.fixstay.com and / or to enter into, and register contracts between the promoting merchants and the customers of the promoted services; free to receive and transmit payments concluded between the merchant and the customer for the purchased goods/ services.
11. Unless explicitly stated, the user may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources available on the website of "FIX STAY" Ltd.
12. By registering in the web site of “FIX STAY” Ltd. the user agrees to having created for them a public user profile for marketing purposes. Information, which is not protected by the Law on Protection of Personal Data, from this profile may be used by “FIX STAY” Ltd.
13. All prices on the website of “FIX STAY” Ltd. are in Bulgarian leva for the Bulgarian version of the site, and in EURO for the English version. All prices include VAT. If the currency of the cardholder is different from the currency of the payment, the payment amount will be calculated according to the daily exchange rate of the organization issuing the card.
14. A purchase from the website www.fixstay.com is implemented with a credit or debit card issued in Bulgaria or abroad. The site accepts payments through bank cards MasterCard, MasterCard Electronic, Maestro, Visa, Visa Electron, V PAY. Payments with V PAY or MasterCard Electronic cards are accepted only if they are registered from the issuing bank in the Verified by Visa or MasterCard SecureCode schemes.
15. A customer who made a reservation through the website shall be deemed bound by the terms of the offer posted on the site, and in particular, but not only must comply with the following conditions:
-the exercise of rights of the issued reservation code may be bound by certain limitations listed on the site for each transaction;
-“FIX STAY” Ltd. is not responsible if a third party - bearer of the reservation code has exercised rights under it without the knowledge or against the will of the user;
-"FIX STAY" Ltd. is obliged to refund you the amount paid service advertised on the website, only in the following situations:
a) You or the bearer of reservation code did not receive the service paid because the service is not available temporarily or permanently;
b) The merchant refuses to perform the service, although all reported terms of the deal are exactly satisfied by the customer or the bearer of the voucher;
c) The merchant accept a legitimate claim on the represented service;
d) Authenticity of your card transaction is reasonably be brought before international card organizations;
e) All amounts are being refunded within 14 days after receiving the request for refund from the client. Application by e-mail email@example.com
-All rights for reservation expire with the expiration of the validity period of the offer.
III. PRIVACY STATEMENT
1. “FIX STAY” Ltd. is responsible for the protection of the user’s personal information, acquired with the registration process - subject to these Terms and Conditions, except in cases of force majeure, accident or malicious acts of third parties.
2. In the registration form filled in by the user upon registration, "FIX STAY" Ltd. indicates the mandatory or voluntary nature of providing data and consequences of refusal to provide it. The user profile is by default set to allow free access to the personal date of the user.
3. Limitations under item 1 shall not apply in case the user or persons under his control have performed malicious actions under these Terms or violated the rights or legitimate interests of third parties. In this case, "FIX STAY" Ltd. has the right to provide personal information about the user to the competent national authorities in accordance with applicable legislation.
4. "FIX STAY" Ltd. collects and uses consumer information only for the purposes set out in these Terms and Conditions. Described purposes for which the information is used are not detailed and do not create obligations "FIX STAY" Ltd.
5. By accepting these Terms and Conditions, the user agrees to the processing of personal data for the purposes of the contract of sale of services promoted concluded by distance, by consent for a down payment.
6. By accepting the Terms and Conditions, the user agrees that his personal data declared as accessible in the user profile in Fixstay.com, Facebook or anywhere else in cyberspace; information about the user's friends in these profiles, profiles uploaded photo or text materials, or other similar, to be used and distributed by "FIX STAY" Ltd. for direct marketing purposes, unless expressly prohibited by the user. All user actions in www.fixstay.com (liked offers, questions, comments, making friends) and information about the purchased voucher (number, price, detail on topics and offers a total savings amount) can always be used by "FIX STAY "Ltd. for the purpose of direct marketing.
7. “FIX STAY” Ltd. is obliged not to disclose any personal information about the user and not to provide the information collected to third parties - public authorities, companies, individuals and others, except in cases where:
-has obtained the express consent of the user upon registration or at a later time;
-information is required by state bodies or officials, which according to current legislation are entitled to demand and collect such information in compliance with the statutory procedures;
-other cases stipulated by law.
8. By registering on fixstay.com, user permitted to receive personal messages, as well as messages with ads – on their fixstay.com profile, facebook profile, e-mail and anywhere else in cyberspace, by “FIX STAY” Ltd, or the offering merchants. “FIX STAY” Ltd may provide the merchant with the user’s phone number or e-mail address when purchased travel services or other services that require a reservation, but has not been done.
9. Cookies - As you browse fixstay.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with fixstay.com. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit this page (http://www.networkadvertising.org/choices/) to opt out of AdRoll and their partners’ targeted advertising.
IV. ADITIONAL CONDITIONS
1. For all issues in not mentioned in these terms and conditions, the provisions of the legislation of the Republic of Bulgaria are applied.
2. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. If no agreement is reached, all unresolved disputes arising from the contract between the parties or relating to it, including disputes arising from or related to its interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or its adaptation to newly arisen circumstances, shall be resolved by the competent Bulgarian law court in Sofia.
3. "FIX STAY" Ltd. reserves the right to change or modify these Terms and Conditions unilaterally, without notifying the user.
4. User-buyer declares that he is aware that the services purchased through the site fall within those described in Art. 50, para. 3, item 2 of the Law of consumer protection.
5. The Parties declare that in the event that any of the clauses in these Terms and conditions are invalid this will not drag the invalidity of the contract, clauses or other parts. The invalid provision shall be replaced by the mandatory rules of law or practice.
6. These Terms and Conditions may be revised and updated at any time by the "FIX STAY” Ltd. Continuing to use the Site, you expressly agree to the changes.