General Terms and Conditions General Terms and Conditions and Personal Data Protection Policies, under which we provide our services General Terms and Conditions
GENERAL TERMS AND CONDITIONS
FOR THE USE OF THE SERVICES ACCESSIBLE VIA THE SHUTTLE.BG WEBSITE
The present document contains the General Terms and Conditions of the Contract for the use of the Information services and resources provided via the SHUTTLE.BG website ("General Terms and Conditions"), as well as our Personal Data Protection Policies.
The present document shall also settle the relations between SHUTTLE.BG and each of the users of the information services and resources accessible via the SHUTTLE.BG website.
The text of the present Agreement is accessible on the webpage with address https://shuttle.bg/en/agr.html in a way that allows its storage and reproduction. An electronic reference to the web page containing the text of the present Agreement is contained on every page of the Site.
By any use of the information services and resources on the SHUTTLE.BG website, including by the opening of a webpage of the SHUTTLE.BG website, as well as by hitting on an electronic reference from the home or any other webpage on the SHUTTLE.BG website, the USERS declare that they are acquainted with the present Agreement, agree with it and undertake to comply with it.
For the purposes of this document (Agreement), the terms and expressions used shall have the following meaning:
1. shuttle.bg is a domain – electronic address.
2. Website or shortly – the Site – is an aggregate of pages that are addressed at a common URL, which consists of the domain name.
3. "Webpage" is a part of the website, which can be compound or separated.
4. The site SHUTTLE.BG (https://shuttle.bg) is a website property of "GAMA SOFT 2003" OOD, hereinafter referred to as the COMPANY.
5. "Gama Soft 2003" OOD, is a company registered under the Commercial Act of the Republic of Bulgaria, uniform identification code BG 131055907, having its seat and registered address at: 19 Macedonia blvd., entr.A, floor 1, ap.3, Sofia, Bulgaria.
6. "USER" is any person that uses the information services and resources provided via the Site.
7. All services and resources that the Company provides to the Users through the Site are, for the purposes of this document, referred to as the SERVICE.
8. "Personal data" is any information related to an identified or identifiable natural person ("data subject"); identifiable natural person shall be a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, psychic, mental, economic, cultural or social identity of that natural person.
9. "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
10. "Restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future.
11. "Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
12. "Pseudonymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
13. "Filing System" means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
14. "Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
15. "Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller .
16. "Recipient" means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.
17. "Third party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
18. "Consent of the data subject" means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
19. "Information society service" means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (1).
20. "Content" is any text, documents, information, data, articles, images, pictures, software, applications, video records, audio records, sounds, projects and other materials that became accessible on the Site. The "Content" shall also include the marking, signs and Service.
21. "SHUTTLE.BG" or "We" means: the Company.
22. "Marking sign" means: trademark, trade name, service sign, product registration, logo, graphic symbols or pictograms.
23. By referring to this Site and using it in any way, you accept the conditions of the present Agreement.
24. The Site is an advertising and information communication system.
25. The service that the Company provides to the Users via the Site shall be free of charge.
26. The services provided by the Company are only for information purposes.
27. The Site shall not provide a tourist call centre operations and/or tour intermediary services and shall not be a subject of the law regulating these relations.
28. The Site shall contain hyperlinks to other sites. They shall only be for the user’s convenience. The posting of these links shall not be a recommendation to visit them, the specified sites are autonomous and in no way depend on the Site and its owners and the Company does not therefore bear liability for the contents of such sites, the quality of products and services offered by them, as well as for the consequences from the User’s visit thereto.
29. All the contents of the Site shall only have an illustrative nature and purpose.
30. The use of the Services shall not give rise to any obligations both on the part of the Users to the Company, and on the part of the Company to the Users.
31. The Users shall use the Services without any need to be identified as a data subject on the part of the Company.
32. Upon provision of the Service it shall not be necessary to certify the Users’ identity.
33. The Company shall use the data submitted by you only for the purposes of the Service provided in accordance with this policy and the General Terms and Conditions for the provision of the Service by the Company.
34. The Company shall not use in any way the submitted data for the purpose of profiling within the meaning of this policy.
35. Data that are needed for the provision of the Service and may be generally regarded as "personal data" within the meaning of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL shall be name, e-mail, telephone and IP address,.
36. When it is necessary to submit personal data, the Site and the Company shall only be an intermediary provider of this data with the meaning of Directive 2000/31/EC and in particular the provisions about the liabilities of the interim service providers in articles 12—15 of the specified directive.
37. The Company shall not store and process personal data upon the provision of the Service.
38. The Site offers a communication interface, referred to as an "ORDER".
39. When an Order is used, the Site shall only be an intermediary provider between the Users and other Service Providers.
40. You understand and agree that the use of an Order shall not give rise to any obligation both on the part of the Users to the Company and/or third parties, and on the part of third parties and/or the Company to the Users.
41. When using an Order, the Users shall alone decide what information they will submit and the Company shall not store the submitted information.
GROUNDS FOR EXEMPTION FROM LIABILITY
42. The Company shall only be liable in the cases explicitly mentioned in the Agreement.
43. The Company shall not bear liability if due to impaired working capacity of the programme and technical means of the User, of its internet provider or of the Communication Links inside and outside the country, the User shall be temporarily, partly or completely unable to use the Service.
44. The Company shall not bear liability if during the preventive maintenance of technical facilities the quality of the Service is temporarily aggravated.
45. The information, software, products and service published on the Site may contain inaccuracies and errors, including in particular price errors.
46. Related websites-partners, through which products and services are presented, shall not guarantee accuracy and shall not assume liability for any errors or other inaccuracies related to the road transport, cruises and other tourist products and/or services presented on the Site (including, inter alia, prices, photographs, general descriptions of products, etc.).
47. The Company, the Site and Service Providers presented on the Site shall not make any statements about the suitability of the information, software, products and services contained on this Site for any purposes other than for general information.
48. The offering of the products or services on this Site shall not be a recommendation on the part of the Company.
49. All this information, software, products and services shall be provided "as they are", without any guarantees.
50. The Company and providers of services presented on the site do not guarantee that a website, servers or emails sent from the Site and service providers situated on the site shall not contain viruses or other harmful components.
51. The Company hereby waives any guarantees and conditions with respect to this information, software, products and services, including for all implied guarantees and the conditions for merchantability, suitability for satisfactory quality and suitability for a specific purpose.
52. Airlines, hotels and other providers of tour and other services presented on the Site, are independent contractors and are not agents or employees of the Company.
53. The Company shall not bear liability for acts, errors, presentation, guarantee, violation or negligence of each of these providers, as well as for ensuing personal damages or health injury, death, property damages or another type of damages or costs. The Company shall not bear liability and shall not be responsible for the recovery of the costs in case of a delay, cancellation of the booking, strikes, force majeure circumstances and for other reasons that are not under the direct control of the Company. Furthermore, the Company shall not be liable for any additional costs, delay, change in the route or acts of the government and the authorities.
54. The Company and/or providers of services presented on the site shall under no circumstances bear liability for any direct, indirect, punitive, incidental, special or consequential losses or damages occurring as a consequence from the access to the Site, the showing or use thereof, due to a delay or inability to obtain access, showing or use of this Site, inter alia, for any of the following reasons, jointly or individually: any computer viruses, information, software, websites, to which links are provided, the products and services obtained via the Site or other problems ensuing from your access to the Site, showing or use, as a consequence from negligence, contract, civil violations, unconditional obligations, etc. And even if the Company is notified of the possibility of such damages.
55. If regardless of the above limits, the Company is held to be liable for losses or damages obtained as a result from the above phenomena, taken together, in no event may such liability exceed the price of the service paid by you in relation to information presented on this Website, and in such cases sanctions of any type, defaults interests, fees, etc. cannot be imposed on the Company.
56. The limits of liability shall reflect the division of the risk between the parties. The limits set out in this section shall be effective even in case that the remedies listed in the present conditions turn out to be incompliant with its main designation. The limits of liability set out herein shall protect the interests of the Company.
INDEMNIFICATION FOR DAMAGES
57. You agree to support us and to recover the losses of the Company and the providers of services presented on the site, as well as of all of their officers, directors, employees and agents, in case of any claims, bringing of claims, requirements, punishments, losses, damages, sanctions or other costs of any type, including reasonable, moderate, reasonable legal or accounting fees, in relation to your violation of this Agreement or documents that it refers to, as well as upon your violation of any laws or rights in the country.
58. Having received a confirmation of the user’s consent to the condition of the present agreement, the agreement shall be regarded as entered into and may apply in official relations between the User and the Company.
59. The User shall establish its liability for the obligations assigned to it as a result from the signing of the present Agreement.
60. We reserve our right at any time and at our own discretion to amend the Agreement without a prior notice. Any continued visiting to the site or use thereof shall mean that you accept the updated or amended Agreement.
CONFIDENTIALITY AND PERSONAL DATA
61. The Company shall perform its activity in compliance with the Personal Data Protection Act and Regulation (EO) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
62.1. Acceptance of the present policy and the General Terms and Conditions for provision of the Service;
62.2. Cookies shall also be used for managing advertising banners, without having them associated to user accounts;
62.3. The cookies used by the Controller shall not store information (personal data), which would allow the identification of the User as a natural person;
62.4. Cookies can also be installed by third parties for the purpose of advertising goods and services, which may be of interest for you during your visit to the site and the other sites. The Controller shall not have access to or control over the use of such cookies. These cookies shall also collect information for the manner of use of the Site, e.g. which site redirected you to the Site, which webpages were visited by you on the site, information about your visits to other sites, but shall not collect information such as names, email address, other information about contacts or other personal data that could allow a third party to identify or contact you;
62.6. You shall have the right at any time to prohibit and/or delete the cookies on your device. For more information, please, refer to the "Help" section of your browser.
63. Period of storage:
63.1. For declaring the acceptance of this policy and the General Terms and Conditions, up to the maximum period fixed by the settings of your browser and no more than 24 hours;
63.2. If you wish so, you can also use the settings of your browser to delete and/or prohibit the receipt of cookies from a specific site or from all sites. You can learn more about this on aboutcookies.org.
64. For the purpose of ensuring the reliability of the Services and protection from data loss for technical reasons, a data backup policy shall apply on the Site. The maximum period for updating (incl. data deletion) all backup copies shall be 30 days.
65. Information about the personal data Controller:
65.1. Name "Gama Soft 2003" OOD;
65.2. Uniform identification code/BULSTAT:131055907;
65.3. Seat and registered address: 19 Macedonia blvd., Krasno selo district, 1606 Sofia;
65.4. Permanent establishment: 19 Macedonia blvd., Krasno selo district, 1606 Sofia;
65.5. Correspondence data: 19 Macedonia blvd., Krasno selo district, 1606 Sofia;
65.6. E-mail: firstname.lastname@example.org;
65.7. Telephone: +359988962512;
65.8. Number of certificate of personal data controller No.117043.
66. Information about personal data operator:
66.1. Name "SuperHosting.BG" OOD;
66.2. Uniform identification code/BULSTAT:131449987;
66.3. Seat and registered address: 36 Dr G. M. Dimitrov blvd., Iztok quarter, Izgrev district, 1797 Sofia;
66.4. Permanent establishment: 36 Dr G. M. Dimitrov blvd., Iztok quarter, Izgrev district, 1797 Sofia;
66.5. Correspondence data: 36 Dr G. M. Dimitrov blvd., Iztok quarter, 1797 Sofia;
66.6. E-mail: email@example.com;
66.7. Telephone: 0700 45 800, 02 81 08 999;
66.8. Number of certificate of personal data controller No.0021684.
67. Information about the competent supervisory authority:
67.1. Name: Commission for Personal Data Protection;
67.2. Seat and registered address: 2 Prof. Tsvetan Lazarov blvd., 1592 Sofia;
67.3. Correspondence data: 2 Prof. Tsvetan Lazarov blvd., 1592 Sofia;
67.4. Telephone: 02 915 3 518;
67.5. Email: firstname.lastname@example.org, email@example.com website: www.cpdp.bg.
68. In view of any periodical supplementation to and modification of the Services, their improvement and extension, as well as in relation to possible legislative changes that have an impact on them, the General Terms and Conditions may be amended unilaterally by the Company. Such an amendment can also be carried out upon a change in the type, nature or technology of the provided services, as well as in case of a change in the economic conditions.
69. In case amendments are made to the General Terms and Conditions, the Company shall bring to the knowledge of the USER the amendments made by publishing them on the Site.
The present Agreement was adopted by the Company on 01 August 2018 and was published on the Site.