Art.1./1/ These General Terms and Conditions for Online Purchase of Passes (hereafter referred to as the “General Terms and Conditions”) apply to all passes` purchase and sale agreements concluded online via the website www.aquaparknessebar.bg, which is supported by “Aktiv-02” Ltd.
/2/ www.aquaparknessebar.bg is a virtual information resource on the Internet created in accordance with the legislation of the Republic of Bulgaria, which is designed to provide up-to-date information to its users regarding the activities developed at the entertainment complex named “AQUAPARK NESSEBAR”.
/3/ The owner and/or the person providing any service on the website: www.aquaparknessebar.bg can accept no responsibility whatsoever and will not be liable for any problems that may arise during the provision of services caused by inappropriate equipment of the users as well as by the incompatibility of the software applications, used by them with regard to the services of www.aquaparknessebar.bg.
I.TRADER INDIVIDUALIZATION DATА
Art.2 /1/ The offer and sale of the passes are carried out through the sales system of “Aktiv-02” Ltd. (hereinafter referred to as the Owner) which constitutes a Bulgarian legal entity registered in the Commercial Register at the Registry Agency with UIC: 131012507. The legal entity has its head office and registered office at city of Sofia, 60B Bulgaria Blvd., Busines center, floor 4, office № 9.
/2/ The owner constitutes legal entity registered under the Value Added Tax Act.
/3/ When selling the passes, the Owner acts only for his own account and on his own behalf. The owner does not offer or sell any passes or any other securities on behalf of any third party and/or any other person.
/4/ The address where the business activities of the Owner take place does not coincide with the registered office referred to in Article 2, paragraph 1. The Owner carries out its business activities at the following address: village of Ravda, Nessebar municipality, Bourgas region, 42 “Hendek Tarla” area, attraction complex “Aquapark Nessebar”.
/5/ The contact details of the Owner are as follows: website: www.aquaparknessebar.bg, e-mail address: email@example.com, contact phone: + 359 88 680 8039.
II. MAIN TYPICAL FEATURES OF THE PASSES, SUBJECT TO SALE
Art.3 /1/ The subject-matter of the purchase and sale contracts concluded via the website: www.aquaparknessebar.bg are passes which entitle their holder to admission to and use of all the attractions, shops, restaurants, cafeterias and other commercial establishments, as well as with regard to all organized events and /or entertainment events /all of which are hereinafter referred to as “attractions”, which are located in an entertainment and attraction complex named “AQUAPARK NESSEBAR” located in the village of Ravda, Municipality Nessebar, region of Bourgas.
/2/ The website www.aquaparknessebar.bg posts and announces the main information regarding the attractions, which are available at the “AQUAPARK NESSEBAR” entertainment complex. It includes information regarding working hours, the use of free transport, the rules for access to the attractions, the name, technical details and rules for using the relevant attraction, as well as any other useful and required information the users may need in this regard.
/3/ Passes subject to sale do not constitute tickets and/or securities.
III. EVENT PLANNER
Art.4/1/ All attractions for which passes are sold online via the website: www.aquaparknessebar.bg are organized by the Owner. The latter undertakes to provide the pass holders with access to the “AQUAPARK NESSEBAR” entertainment complex and to the use of all the attractions located within the site.
/2/ The owner determines the price of the passes as well as any other conditions under which the pass holder is entitled to visit the “AQUAPARK NESSEBAR” entertainment complex and to enjoy its attractions. The owner reserves the right to unilaterally amend the price of the passes as well as any other condition related to the access and use of the attractions located at “AQUAPARK NESSEBAR” entertainment complex. The owner should properly notify users in timely manner about any upcoming change via the relevant section on the website: www.aquaparknessebar.bg in order to make sure persons concerned become aware of these changes as well.
/3/ In case the Owner fails to fulfill its obligations in relation to the rights referred to in Article 3 para 1, the latter will become liable to the persons who have purchased the passes under Section VI /Refund of payment/ under these General Terms and Conditions.
IV. PASS ORDERING PROCESS AND USE OF PASS. METHOD OF PAYMENT
Art.5 /1/ By placing an online pass order via the website: www.aquaparknessebar.bg, the customer makes a statement for signing a contract for purchase of a pass by electronic means within the meaning of the Electronic Commerce Act. This statement binds the customer, and the order may be cancelled or modified only in accordance with Section V /Cancellation of Purchased Passes/ of these Terms and Conditions.
/2/ Each e-pass has its own individual QR code, serial number, counterfeit protection, type of service, price, term, or specific date of visit as well as other useful data and/or information.
/3/ The customer will receives its e-pass in pdf format through notification via email.
/4/ To buy an e-pass via the website: www.aquaparknessebar.bg, customers need to complete the following 5 steps:
Step 1 – Selecting a pass according to the pass and service information given by the Provider.
Step 2 – Specify and fill out the customer e-mail address for receiving information and delivery of the e-pass. By indicating his/her email address, the user agrees that his/her IP address and any other information required for his/her identification will be recorded and, if necessary, provided to the relevant competent authorities if so requested.
Step 3 – Accepting and Agreeing to these Terms and Conditions. Pursuant to the Electronic Document and Electronic Signature Act, when a user accesses the above-mentioned website and agrees with the General Terms and Conditions, he/she makes an electronic statement declaring that he/she is familiar with the terms and conditions, agrees with them and undertakes to respect them.
Step 4 – method of payment – the payment of an e-pass is made via a debit or credit card in compliance with the payment terms specified by the Owner`s Servicing Bank.
Step 5 – Review of the request, confirmation and receiving an e-pass. The confirmation and receipt of the ordered tickets is done within 24 / twenty four / hours, as of the date of payment. The Owner’s system submits an automatic confirmation of the payment and the e-pass itself. The e-pass constitutes specific information containing the data referred to in Article 5, paragraph 2, which the customer receives at his/her email address in pdf file format and which can be printed on each printing device. The QR code that is placed on each e-pass contains all the information about the relevant order. In order to ensure access to the entertainment complex, the customer is obliged to present the e-pass on a hard-copy or in its digital version to the relevant authorized employee. Otherwise, the access and use of the attractions in the entertainment complex will be denied.
/5/ Customers may find detailed description of each step on the Provider’s website at: www.aquaparknessebar.bg, section BUY ONLINE.
Art.6 /1/ Every visitor is obliged to keep his e-pass until he/she enters the AQUAPARK NESSEBAR facility. /2/ By purchasing this pass the visitor undertakes to respect all the rules and prescriptions established by the Owner when accessing the facility and when using the attractions.
Art.7. Minors /persons up to the age of 14/ and under the age of majority /persons who have reached the age of 14 but have not reached the age of 18/ visitors of the AQUAPARK NESSEBAR entertainment complex according to art. 8, para 3, para 4 and para 7 Of the Child Protection Act and in connection with the provisions of the “Ordinance on the Special Protection of Children in Public Places, Minors and Under-age individuals in Public Places, including during Events”, must be accompanied by their parents, guardians, or other adults, who should take care of the child.
V. CANCELLATION OF PURCHASED PASSES
Art.8 /1/ The user is entitled to cancel the purchased e-pass within a period of 48 (forty-eight) hours from the date of receipt of the e-pass via the e-mail. Pursuant to Article 10 of the Electronic Document and Electronic Signature Act as date of receipt of an e-pass, the parties will consider the date on which an electronic statement sent by the Owner, which visualizes an e-pass, has entered and accessed the electronic system specified by the user. If the user has not specified a particular information system, the statement shall be considered to have been received when entering any information system of the addressee, and if the addressee does not have an information system – when downloaded by the addressee from the information system in which the statement was received.
/2/ The User notifies the Owner of his/her wish to cancel the purchased e-passes by making an explicit notification made verbally or in writing. An e-pass or its QR code should be attached to the notification, as well as the full name of its holder and the bank account details of the latter where the purchase price should be refunded.
/3/ The Owner shall refund the price within 30 /thirty/ days from the date of receiving the notification under Article 8, paragraph 2.
/4/ The User sends his notification to the Owner for refusal by message to the following e-mail address: firstname.lastname@example.org
/5/ The owner refunds the user only the price indicated on the front side of the e-pass. Art. 9. The provisions of Article 8 of the General Terms and Conditions do not apply to purchased passes for the period of up to 7 (seven) days before the deadline for using the latter which is specified on their front side.
VI. REFUND OF PAYMENT
Art.10 /1/ In the event of failure to grant access to the AQUAPARK NESSEBAR entertainment and attraction complex due to reason that involves the Provider`s liability, the latter shall become responsible to proceed with the refund of the amounts paid with regard to the e-passes and for the purposes of indemnity of the persons who have suffered damage due to the above-mentioned non-compliance.
/2/ In these cases, the Owner shall carry out a refund to the customer of the amount printed and displayed on the front side of the pass, and the refund shall be made by the following way: 1. Remote refund by sending the e-pass by means of a courier service to the Owner’s registered address (referred to in Article 2, para 2 of the General Terms and Conditions), in which case the Customer must provide the Owner with a written statement containing the relevant bank account number, with regard to which the price of the pass should be credited and transferred.
/3/ If the Owner refuses to refund the price of the pass, the customers are entitled to protect their interests according to the provisions of the applicable Bulgarian legislation.
Art. 11. Instead of refund of the amount paid, the Owner is entitled to offer its customers an alternative visit under the same terms as stated in the purchased e-pass. The owner undertakes to provide information regarding the alternative visit on its website at www.aquaparknessebar.bg.
Art. 12. The customer is entitled to make a single selection and to choose between the options set out in Art. 10 and Art. 11 of the General Terms and Conditions.
Art. 13. The provisions of Articles 10 and 11 shall not apply, and the Owner shall not assume any liability in the event of force majeure and circumstances beyond its control.
VII. PROTECTION OF PERSONAL DATA
Art. 14. (1) The Owner has been registered in its capacity as personal data controller in compliance with the provisions set out in the Personal Data Protection Act and during the process of fulfillment of its legal obligations shall adopt the required technical and organizational measures in order to protect the data against accidental or unlawful destruction or from accidental loss, unauthorized access, alteration or distribution, as well as against other unlawful forms of processing.
/2/ By accepting these General Terms and Conditions, users and customers express their consent and accept that the Owner collects, processes and stores the personal data provided by them and uses them for the purposes of executing the contracts for the purchase of passes.
VIII. GENERAL PROVISIONS
Art. 15/1/. The owner shall not be liable for the validity and authenticity of e-passes purchased from site other than the website specified in these General Terms and Conditions.
/2/ In case an attempted fraud has been detected, the pass shall be considered invalid.
/3/ The e-pass shall become invalid as well if part of it has been lost, altered, or destroyed.
/4/ Online fee /reservation fee/ for the purchase or booking of an e-pass does not currently further apply.
/5/ The user may not use the materials posted on the website: www.aquaparknessebar.bg for personal use, and the reproduction and distribution thereof in any way for commercial purposes without the written permission of the Owner is strictly forbidden.
/6/ In connection with the use of the services provided via the website: www.aquaparknessebar.bg, the user undertakes: to respect the provisions of these General Terms and Conditions and the legislation of the Republic of Bulgaria, to monitor for violations by other users of these General Terms and Conditions and the legislation of the Republic Bulgaria, and in case the user has detected any such infringement, undertakes to notify in timely manner the Owner, via the contact email address.
/7/ The acceptance of these General Terms and Conditions by the customer makes them an integral part of the online pass purchase contract that is concluded between the Owner and the customer by means of the pass order placed via the website: www.aquaparknessebar.bg.
/8/ These Terms and Conditions may be modified unilaterally by the Owner, and the amendments shall become effective upon their publication on the website: www.aquaparknessebar.bg and users shall be deemed to be notified of such changes as from the moment of their publication on the above-mentioned web site. Art.16. The Commission for Consumer Protection exercises full control regarding the compliance with provisions of the Electronic Commerce Act. To contact the aforementioned legal entity please go to: https://www.kzp.bg.